Farmer as an entrepreneur – commentary to Judgment of the Supreme Court of 17 February 2021, I NSNc 152/20

Abstract

The issue covered in the judgment subject to the gloss concerns the determination whether the manufacturing activity conducted by a farmer can be ascribed the status of an economic activity. In the light of the legal considerations presented, the position of the Supreme Court assuming that under the public law provisions, a farmer conducts economic activity is shared. In turn, under civil law provisions, the farmer should be treated as an entrepreneur. However, the thesis expressed by the Supreme Court regarding the qualification of an agricultural holding as one run exclusively for self-supply, subordinated to the satisfaction of one’s own needs, was not shared. The position adopted stems from the need to create a line of jurisprudence and legal norms favourable to running an agricultural holding on the widest possible scale, not limited solely to satisfying one’s individual needs for food, and optimising the production of foodstuffs, which is undoubtedly supported by the public interest.