Legislator Case Law & Legislation
I UK 75/06 AI generated

Supreme Court dismisses appeal stating non-agricultural business does not exclude farmers from social insurance if data is submitted.

Case Number I UK 75/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by Tadeusz P. against the Agricultural Social Insurance Fund's decision to terminate his social insurance. The applicant argued that he forgot to submit a tax certificate proving his non-agricultural business income within the statutory deadline, claiming this deadline was a matter of substantive law subject to restoration. The court ruled that the termination of insurance was a legal consequence arising by operation of law, independent of the applicant's knowledge or the procedural steps taken in the subsequent appeal proceedings.

Legislator headnote

AI generated

Art. 5a ust. 5, 7 ustawy o ubezpieczeniu społecznym rolników; Art. 31 ust. 3 Konstytucji: The commencement of non-agricultural business does not exclude farmers from social insurance provided the required data is submitted to the Fund, as the statutory deadline is a matter of substantive law and the termination of coverage is a legal consequence arising by operation of law.

Keywords

AI generated
social insurance termination non-agricultural business statutory deadline operation of law substantive law Agricultural Social Insurance Fund cassation appeal

Cited Legislation

AI generated
Art. 5a ust. 5, 7 ustawy o ubezpieczeniu społecznym rolników
Art. 31 ust. 3 Konstytucji
Art. 385 k.p.c.
Art. 62 ust. 1 pkt 4 ustawy o ubezpieczeniu społecznym rolników
Art. 9 k.p.a.
Art. 328 § 2 k.p.c.
Art. 3983 § 1 pkt 2 k.p.c.
Art. 39814 k.p.c.
art. 385 k.p.c
art. 9 k.p

Cited Case Law

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