Polish Supreme Court allows social security claim for Polish resident performing cross-border services in Poland.
Sintesi Legislator
Generato dall'IAThe Polish Supreme Court overturned the appellate court's dismissal of a social security claim by a Polish entrepreneur performing maritime services across multiple EU member states. The court found that the appellant, residing in Poland, was entitled to Polish social security coverage because he executed part of his business activities within Poland, even if the work was performed on ships in other countries. The decision relied on the principle that partial performance of activities in Poland triggers the application of Polish social security legislation, preventing the loss of benefits due to dual coverage.
Regesto Legislator
Generato dall'IAArt. 6 ust. 5, 13 ust. 4 of the Social Security System Act; Art. 14a ust. 2, 14b of Regulation 1408/71: A self-employed person residing in one Member State and performing activities in more than two Member States is subject to the social security legislation of the state where part of the activities are performed.