Legislator Case Law & Legislation
I UK 349/04 AI generated

Supreme Court held that a Polish-Norwegian social security agreement suspends disability benefits upon moving abroad, overriding domestic suspension laws.

Case Number I UK 349/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the applicant's appeal against a lower court ruling that suspended his work-related disability pension after he moved to Germany. The applicant argued that domestic law regarding the suspension of benefits for emigrants should apply, while the lower court incorrectly relied on a Polish statute. The court determined that the specific 1975 Polish-Norwegian social security agreement took precedence, establishing that benefits are suspended immediately upon moving to the other country, thereby invalidating the lower court's application of domestic suspension rules.

Legislator headnote

AI generated

Art. 4 ust. 3, Art. 5 ust. 4, Art. 7 ust. 3 of the Polish-Norwegian Social Security Agreement; The agreement prevails over domestic law, suspending work-related disability benefits immediately upon the insured's relocation to the other contracting state.

Keywords

AI generated
social security agreement disability pension suspension cross-border relocation international treaty precedence work-related injury benefits Polish-Norwegian treaty benefit eligibility criteria

Cited Legislation

AI generated
Art. 4 ust. 3 of the Polish-Norwegian Social Security Agreement
Art. 5 ust. 4 of the Polish-Norwegian Social Security Agreement
Art. 7 ust. 3 of the Polish-Norwegian Social Security Agreement
Art. 84 ust. 1 of the Social Security Act
Art. 39815 § 1 of the Code of Civil Procedure
art. 4779 § 4 k.p.c
art. 241 k.p.c
art. 39815 § 1 k.p.c

Cited Case Law

AI generated

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