Legislator Case Law & Legislation
II UK 361/07 AI generated

Court held that temporary foreign residence does not constitute final cessation of agricultural activity for social insurance purposes.

Case Number II UK 361/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

Cited Case Law

AI generated

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