Legislator Case Law & Legislation
I BU 6/09 AI generated

Supreme Court invalidates suspension of veteran's pension due to residence in another EU member state.

Case Number I BU 6/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court declared the lower court's decision invalid, which had suspended a veteran's pension because the claimant resided in the United Kingdom. The claimant argued that requiring permanent residence in Poland to continue receiving benefits violated her rights as an EU citizen. The court ruled that such a requirement was disproportionate and discriminatory, as it prevented EU citizens from exercising their right to social security benefits while living in another member state.

Legislator headnote

AI generated

Art. 5 of the Law on Care for War Veterans; Art. 12 of the Law on Combatants; Art. 18(1) of the Treaty on European Union: National laws cannot suspend social security benefits for EU citizens solely because they reside in another member state, as this requirement is disproportionate and discriminatory.

Keywords

AI generated
EU citizen rights social security benefits proportionality principle non-discrimination veteran pension residence requirement Treaty on European Union

Cited Legislation

AI generated
Art. 5 of the Law on Care for War Veterans and Military Veterans and Their Families
Art. 12 of the Law on Combatants and Certain Persons Being Victims of War Repressions and the Post-War Period
Art. 18(1) of the Treaty on European Union
Art. 67(1) of the Constitution of the Republic of Poland
Art. 87(1) of the Constitution of the Republic of Poland
Art. 91 of the Constitution of the Republic of Poland
art. 19 Konstytucji
art. 4245 § 1 k.p.c
art. 91 ust. 1 Konstytucji RP
art. 45 Konstytucji RP

Cited Case Law

AI generated
Case C-499/06, H. Nerkowska
Judgment of 22 May 2008, Court of Justice of the European Union

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