Legislator Case Law & Legislation
II UK 262/04 AI generated

Supreme Court held negative foreign disability assessments are not binding under social security treaty.

Case Number II UK 262/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision regarding a Polish pension claim based on a negative medical assessment from Hungary. The applicant argued that the foreign medical finding was binding under the 1959 social cooperation treaty, while the lower court incorrectly applied this rule to a negative diagnosis. The court ruled that the treaty only binds positive findings establishing disability, leaving Polish authorities free to evaluate the applicant's condition independently.

Legislator headnote

AI generated

Art. 17 ust. 1 umowy między Polską a Węgrami z 1959 r.; § 9 porozumienia z 1960 r.: Negative medical certificates establishing no disability do not have binding force for domestic social security authorities.

Keywords

AI generated
social security treaty binding force of foreign decisions disability assessment negative medical certificate pension eligibility international cooperation independent evaluation

Cited Legislation

AI generated
Art. 17 ust. 1 of the Agreement between the Polish People's Republic and the Hungarian People's Republic on cooperation in the field of social policy signed in Warsaw on February 14, 1959
Section 9 of the Agreement of November 11, 1960, on the implementation of the Agreement between the Polish People's Republic and the Hungarian People's Republic on cooperation in the field of social policy signed on February 14, 1959
Article 393 § 1 of the Code of Civil Procedure

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