CEDH · CASELAW;CLIN;ENG — 27 novembre 2007

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 102 November 2007 Luczak   v. Poland - 77782/01 Judgment 27.11.2007 [Section IV] Article 14 Discrimination Applicant's inability to be affiliated to the farmers' social-security scheme on account of his nationality: violation   Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Applicant's inability to be affiliated to the farmers' social-security scheme on account of his nationality: violation   Facts : The applicant, a French national residing as a self-employed farmer in Poland, asked to be affiliated to the farmers' social security fund. The competent authorities denied his request because the domestic law regulating the issue provided that only Polish nationals could be admitted to the farmer's social security scheme. As a result, the applicant had no social security cover in the event of sickness, occupational injury or invalidity. The relevant legislation was subsequently amended in connection with Poland's accession to the European Union. Law : The Farmers Social Security Act 1990 had established a difference in treatment in respect of admission to the farmers' scheme on the basis of nationality. The applicant could claim to be in a relevantly similar situation to Polish nationals in this respect, since he was permanently resident in Poland, had previously been affiliated to the general social security scheme and had contributed as a taxpayer to the funding of the farmers' scheme. Even though the applicant had apparently been entitled to a one-off compensation payment in the event of a serious occupational injury, he had nonetheless been deprived of illness and invalidity payments as well as the right to continue making pension contributions. The Government submitted that the obvious difference in treatment between Polish nationals and foreigners was due to the need to protect the underdeveloped and economically inefficient agricultural sector in Poland. However, the Court noted that even legislation in this sphere had to be in accordance with Article 14 of the Convention. In the present case, the Government had failed to present any convincing explanation of how the general interest was served by refusing the applicant's admission to the farmers' scheme during the period in question. Conclusion : violation (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes