II UK 361/07
AI generated
Court held that temporary foreign residence does not constitute final cessation of agricultural activity for social insurance purposes.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a lower court ruling denying the wife of a farmer voluntary social insurance coverage. The applicant argued that her husband's continued farming and her shared ownership entitled her to coverage after she ceased active participation abroad. The court ruled that 'cessation of agricultural activity' requires a definitive end, not merely temporary absence, as the applicant could theoretically resume work upon return.
Legislator headnote
AI generatedArt. 16 ust. 2 ustawy o ubezpieczeniu społecznym rolników; The term 'cessation of agricultural activity' implies a definitive termination of operations, excluding temporary absences abroad where the capacity to resume work remains intact.
Keywords
AI generated
cessation of agricultural activity
social insurance coverage
voluntary insurance eligibility
temporary foreign residence
definitive termination requirement
shared farm ownership
agricultural social security
Cited Legislation
AI generatedArt. 16 ust. 2 of the Act on Social Insurance of Farmers
Art. 28 ust. 4 of the Act on Social Insurance of Farmers
Art. 28 ust. 10 of the Act on Social Insurance of Farmers
Art. 19 ust. 2 pkt 3 of the Act on Social Insurance of Farmers
Art. 39816 k.p.c.
Art. 98 k.p.c.
art. 39816 k.p.c
art. 98 k.p.c