Supreme Court allows social insurance claim for non-farmers under EU Regulation 1408/71, rejecting domestic law exclusivity.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court of Poland overturned the lower court's dismissal of Kazimir G.'s appeal regarding his social insurance status. The court found that the 1948 Poland-Czechoslovakia treaty did not cover non-farmers, leaving the matter to be governed by EU Regulation 1408/71 instead of the Polish Social Insurance System Act. Consequently, the court ruled that the regulation's provisions on determining the applicable law for self-employed individuals in another member state take precedence over domestic exclusivity clauses.
Regesto Legislator
Generato dall'IAArt. 5 ust. 2 ustawy o systemie ubezpieczeń społecznych; art. 6 i 8 tej ustawy; Art. 14c ust. 5 rozporządzenia Rady (EWG) nr 1408/71: The domestic law provisions establishing exclusivity for foreign nationals do not apply to non-farmers when the relevant international treaty is not in force, requiring the application of EU Regulation 1408/71 to determine the applicable social legislation.