Cooperatives operating in rural areas and agriculture in the jurisprudence of the Courts and the Court of Justice of the European Union

Abstract

The aim of the article is: firstly, an attempt to indicate selected legal problems related to cooperatives operating in the area of rural areas and agriculture, which were the subject of judgments of the Supreme Court, the Supreme Administrative Court and courts of appeal; secondly, determining whether and how the theses of selected judgments affect the functioning of the cooperative or the rights and obligations of cooperative members; thirdly, taking into account the problems that are the subject of court rulings, determining whether changes to legal regulations are needed, and if so, to what extent. The considerations focused on agricultural production cooperatives, and in particular on the problem that was the subject of extensive jurisprudence. Namely, whether the work of a cooperative member in an agricultural production cooperative constitutes a cooperative employment relationship, an employment contract under the Labor Code, or whether it results only from the civil law relationship of membership in the cooperative. In the further part, court judgments concerning dairy cooperatives, cooperative groups of agricultural producers, cooperative organizations of fruit and vegetable producers were analysed. Reference was also made to the judgment of the Court of Justice of the European Union regarding taxes in agricultural cooperatives in Italy. In the summary, the author stated, inter alia, that a significant number of court decisions and varied interpretations lead to proposals for amending legal regulations. It is reasonable to grant members of agricultural production cooperatives performing work in the cooperative at least the same rights as employees with an employment contract. In this regard, it is worth introducing appropriate changes to the Cooperative Law or the Labor Code. In the author's opinion, it is also justified to consider the inclusion in the Cooperative Law of separate regulations concerning a dairy cooperative, including the definition of such an entity. Legal provisions concerning milk contracting agreements concluded by cooperatives with a dairy cooperative, as well as general rules concerning such a contract, would also be justified. Currently, cases are pending before the courts regarding such contracts, including changes to the terms and regulations of such contracts by dairy cooperatives.