Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
I UK 99/06 AI generated

Supreme Court allows pension claim by interpreting social security treaty regarding former Yugoslavia's dissolution.

Case Number I UK 99/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland overturned the appellate court's dismissal of a pension claim by Ramiz Z. against the Social Insurance Institution. The court held that Polish pension authorities cannot unilaterally qualify employment periods in former Yugoslavia but must recognize documents from successor states like Serbia and Montenegro. Consequently, the court remanded the case for a new decision based on this broader interpretation of the 1958 social security treaty.

Legislator headnote

AI generated

Art. 17 ust. 1 of the Social Security Agreement between the Polish People's Republic and the Federal People's Republic of Yugoslavia; Art. 16 of the same Agreement; The court ruled that following the dissolution of the former Yugoslavia, successor states are successors to international treaties, allowing pension authorities to recognize employment periods verified by documents issued by those successor states or UN-administered territories like Kosovo.

Keywords

AI generated
Social Security Agreement Yugoslavia dissolution Pension qualification Successor states International treaty interpretation Social Insurance Institution Employment periods

Cited Legislation

AI generated
Art. 17 ust. 1 of the Social Security Agreement between the Polish People's Republic and the Federal People's Republic of Yugoslavia signed in Warsaw on January 16, 1958
Art. 16 of the Social Security Agreement between the Polish People's Republic and the Federal People's Republic of Yugoslavia signed in Warsaw on January 16, 1958
Art. 10 of the 1961 explanatory agreement to the Social Security Agreement
Art. 8 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 9 ust. 1 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 4 ust. 1 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 28 of the Act of December 17, 1998 on pensions and allowances from the Social Insurance Fund
Art. 398 § 1 of the Code of Civil Procedure
Art. 108 § 2 of the Code of Civil Procedure
Art. 398 § 21 of the Code of Civil Procedure

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text