Supreme Court dismisses appeal, ruling EU social security referral requires full factual establishment first.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court's decision to refer a question to the European Court of Justice. The Social Insurance Institution refused to issue an E-101 certificate because the employee allegedly did not reside in a Member State where he worked. The court held that a preliminary ruling request is only valid after the national court establishes all relevant facts, including the definition of 'domicile' under EU law. Consequently, the appeal was rejected, and the case was remanded for a new factual assessment.
Legislator headnote
AI generatedArt. 14 ust. 2 lit. b pkt (ii) rozporządzenia Rady (EWG) Nr 1408/71; Art. 1 lit. h rozporządzenia Rady (EWG) Nr 1408/71: A request for a preliminary ruling on the interpretation of EU social security regulations must be preceded by the national court's full establishment of factual circumstances, including the determination of the worker's domicile, as the Court of Justice cannot assess the relevance of the legal question without these facts.