Supreme Court dismissed cassation, ruling social security transfer depends on residence, not Polish deregistration.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a social security benefit transfer dispute between a Polish claimant and the German Social Insurance Institution. The lower courts had granted the transfer, rejecting the Social Insurance Office's requirement that the claimant must deregister from her permanent residence in Poland. The Court held that the relevant Polish-German social security agreement defines residence by actual, unlimited stay in Germany, rendering the literal requirement of Polish deregistration legally unfounded. Consequently, the transfer was valid based on the claimant's legal residence in Germany, and the appeal was rejected.
Legislator headnote
AI generatedArt. 5 of the Social Security Agreement between Poland and Germany; Art. 1 ust. 10 of the same Agreement: The transfer of social security benefits is conditioned upon the insured person's usual residence in the other State, not upon the formal deregistration from the permanent residence in Poland.