Legislator Case Law & Legislation
II UKN 678/00 AI generated

Social security benefits denied to self-employed individual as bilateral treaty applies only to employees.

Case Number II UKN 678/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a self-employed individual seeking pension benefits based on a Polish-German social security treaty. The applicant argued that the treaty's provisions should apply to his case, but the appellate court ruled that the treaty covers only employees, excluding self-employed persons. The Supreme Court upheld this interpretation, stating that constitutional principles do not permit expanding the treaty's scope beyond its explicit subject matter.

Legislator headnote

AI generated

Art. 17 ust. 1; Art. 18 ust. 1 of the Polish-German Social Security Convention: The Convention's detailed provisions on pension rights apply exclusively to employees, excluding self-employed individuals from its scope.

Keywords

AI generated
social security treaty employee status self-employed exclusion pension benefits bilateral convention subject matter scope constitutional interpretation

Cited Legislation

AI generated
Art. 17 ust. 1 of the Polish-German Social Security Convention
Art. 18 ust. 1 of the Polish-German Social Security Convention
Art. 2 of the Polish-German Social Security Convention
Art. 393 KPC
art. 2 Konstytucji
art. 2 Konstytucji RP
art. 23 Konstytucji RP

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