II UK 159/11
AI generated
Social security coverage denied to bankrupt business owner as insolvency ends factual business activity.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the social security applicant's cassation appeal regarding his mandatory insurance status. The court held that the applicant ceased to engage in non-agricultural business activity upon the declaration of bankruptcy, despite remaining formally registered. Consequently, the statutory conditions for mandatory social security coverage were no longer met.
Legislator headnote
AI generatedArt. 6 ust. 1 pkt 5; Art. 13 pkt 4 ustawy o systemie ubezpieczeń społecznych: Mandatory social security coverage for non-agricultural business activity requires factual engagement, which ceases upon bankruptcy declaration and loss of management rights.
Keywords
AI generated
social security coverage
non-agricultural business activity
bankruptcy declaration
factual engagement requirement
mandatory insurance obligation
business registration status
loss of management rights
Cited Legislation
AI generatedArt. 6 ust. 1 pkt 5 of the Social Security System Act
Art. 13 pkt 4 of the Social Security System Act
Art. 3 of the Bankruptcy and Restructuring Act
Art. 75 ust. 1 of the Bankruptcy and Restructuring Act
Art. 173 of the Bankruptcy and Restructuring Act
Art. 398 § 14 of the Code of Civil Procedure
art. 3 k.p
art. 39813 § 1 k.p.c
art. 39813 § 2 k.p.c
art. 39814 k.p.c
Cited Case Law
AI generatedIII UK 35/07
Supreme Court dismisses appeal regarding social insurance liability during business activity gaps.
III UK 133/06
Social security obligation for business operators persists during gaps unless proven by objective evidence.
I UK 300/06
Supreme Court dismisses social security appeal, ruling business suspension does not exempt mandatory insurance obligations.
I UK 340/05
Social security court dismisses appeal; business suspension does not equal cessation of mandatory insurance obligation.
I UK 95/05
Social security law mandates contributions during business suspension; ZUS cannot exempt insured persons from this obligation.
I UK 105/04
Social security insurance obligation ceases upon factual cessation of business, not just tax registry removal.