II UK 362/08
AI generated
Social Security Court allows pension payment despite residence abroad, citing EU law and treaty limits.
Poland (PL)
Legislator summary
AI generatedThe Supreme Social Security Court overturned a lower court decision that had suspended the applicant's pension due to her residence in Germany. The court found that the relevant Polish-German social security treaty only applied to rights acquired before January 1, 1991, whereas the applicant's pension rights were established in 2002. Consequently, the suspension was deemed unlawful because EU regulations prohibit reducing or suspending pensions solely due to the recipient's residence in another member state.
Legislator headnote
AI generatedArt. 115 ust. 1 ustawy o emeryturach i rentach; Art. 10 ust. 1 rozporządzenia Rady (WE) nr 883/2004: A pension cannot be suspended or reduced solely because the recipient resides in a different member state than the paying institution.
Keywords
AI generated
social security suspension
pension payment
cross-border residence
EU coordination rules
social security treaty
Cited Legislation
AI generatedArt. 115 ust. 1 of the Act on Pensions and Allowances
Art. 10 ust. 1 of Council Regulation (EC) No 883/2004
Art. 13(9) ust. 2 lit. a of Council Regulation (EC) No 883/2004
Art. 27 ust. 2 of the Agreement of 8 December 1990
Art. 4 ust. 2 of the Agreement of 9 October 1975
art. 32 ust. 1 Konstytucji RP
art. 233 § 1 k.p.c
art. 385 k.p.c
art. 39815 § 1 k.p.c