Legislator Case Law & Legislation
II UK 219/07 AI generated

Supreme Court dismissed cassation as it cannot create new pension rights for male conductors via judicial interpretation.

Case Number II UK 219/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a male conductor against his denial of early retirement benefits. The lower courts had granted the pension based on the statutory definition of work in a special character, which included conductors. The Supreme Court ruled that it lacks the authority to interpret the law to create a new, gender-specific age threshold for men that does not exist in the current regulations. Consequently, the court held that the appellant's request effectively demanded the creation of a new legal norm, a power reserved exclusively for the Constitutional Tribunal.

Legislator headnote

AI generated

Art. 32 ust. 1 i 4 ustawy o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych; Art. 398 § 1 k.p.c.: Courts cannot create new legal norms or fill legislative gaps by interpreting statutes to establish rights for specific groups not explicitly covered by existing provisions.

Keywords

AI generated
cassation appeal dismissal judicial interpretation limits legislative gap filling early retirement pension gender equality in law Constitutional Tribunal competence special character work

Cited Legislation

AI generated
Art. 32 ust. 1 i 4 of the Act on Pensions and Allowances from the Social Insurance Fund
§ 12 ust. 1 pkt 1 lit. d of the Council of Ministers Regulation of 7 February 1983 on the retirement age of employees working in special conditions or in a special character
Art. 398 § 1 of the Code of Civil Procedure
art. 39813 § 1 k.p.c
art. 39814 k.p.c

Cited Case Law

AI generated
Constitutional Tribunal Ruling of 24 October 2001, SK 22/01

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