Information Note on the Court’s case-law No. 95
March 2007
Luczak v. Poland (dec.) - 77782/01
Decision 27.3.2007 [Section IV]
Article 14
Discrimination
Foreign citizen refused admission to farmers’ social security scheme: admissible
The applicant, a French national of Polish origin, has been living and working in Poland since 1980. In 1997 he and his wife (a Polish national) jointly bought a farm and subsequently applied to be admitted to the farmers’ social security scheme. The applicant’s request was denied on the ground that he was not a Polish national as required by the relevant law. As a result, between 1997 and 2002 (when he left Poland) the applicant has had no social security cover. In 2004 the legislation was amended in line with Poland’s obligations related to the accession to the EU. Prior to acquiring a farm, the applicant was in employment and was covered by the general social security scheme. The law concerning that scheme did not make any distinction on the basis of the employee’s nationality (with one negligible exception) in respect of the obligation to join the scheme and to receive benefits from it.
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This summary by the Registry does not bind the Court.
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