Supreme Court remands case for retrial due to failure to consider father's ability to care for child.
Legislator summary
AI generatedThe Supreme Court of Poland remanded the case to the Court of Appeal for a new trial regarding early retirement benefits. The applicant argued that the lower court incorrectly assessed expert opinions by failing to consider the father's physical capacity to care for his daughter, who requires special attention. The court held that the contested regulation violated constitutional equality principles by presuming mothers must care for sick children, thus the lower court must re-evaluate evidence considering the father's potential role.
Legislator headnote
AI generated§ 2 pkt 1 rozporządzenia Rady Ministrów z dnia 15 maja 1989 r.; The court must re-evaluate evidence regarding parental care obligations when a regulation violates constitutional equality principles by arbitrarily assigning caregiving duties to mothers.