Legislator Case Law & Legislation
III PK 30/06 AI generated

Cassation dismissed claim for unequal treatment as employee failed to prove discrimination before burden shifted to employer.

Case Number III PK 30/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a lawyer against a railway company regarding alleged unequal treatment in employment. The plaintiff argued that the national law failed to fully reflect the EU Directive on equal treatment and requested a comparative interpretation of the directive's multilingual versions. The court ruled that the plaintiff must first establish facts suggesting discrimination before the burden of proof shifts to the employer, and since no such discrimination was proven, the claim was rejected.

Legislator headnote

AI generated

Art. 183b § 1 k.p.; Art. 10 Directive 2000/78/WE: An employee alleging unequal treatment must first indicate facts suggesting discrimination; only then does the burden of proof shift to the employer to demonstrate objective reasons for the difference in treatment.

Keywords

AI generated
unequal treatment in employment burden of proof allocation discrimination claim dismissal EU Directive interpretation multilingual legal texts cassation appeal rejection objective reasons defense

Cited Legislation

AI generated
Art. 183b § 1 k.p.
Art. 10 of Directive 2000/78/WE
Art. 39814 k.p.c.
art. 385 k.p.c
art. 39813 § 2 k.p.c
art. 124 k.p
art. 39814 k.p.c

Cited Case Law

AI generated
Bestuur der Sociale Verzekeringsbank, 19/67, ECR 1967 p. 345
CILFIT, 283/81, ECR 1982 p. 3415
Skatteministeriet, C 36/97, ECR 1998 p. I-8679
II PK 33/05
Supreme Court dismisses labor dispute appeal citing lack of legal interpretation need and burden of proof issues.

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