II UKN 678/00
AI generated
Social security benefits denied to self-employed individual as bilateral treaty applies only to employees.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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