Supreme Court dismisses legal question referral due to procedural bar under old Civil Procedure Code for cassation cases.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court refused to answer a legal question regarding the application of unconstitutional regulations to pre-1999 facts. The appellant argued that the Supreme Court's 1999 ruling invalidating certain health worker regulations should not apply to cases decided before its publication. However, the Court determined that the referral was procedurally inadmissible because the appeal was filed in a case where cassation was available under the pre-2000 Civil Procedure Code.
Legislator headnote
AI generatedArt. 190 ust. 1, 3 Konstytucji RP; Art. 5 ust. 2 ustawy z dnia 24 maja 2000 r. o zmianie ustawy – Kodeks postępowania cywilnego: A legal question referral to the Supreme Court is inadmissible in appeals from judgments rendered before July 1, 2000, if the old Civil Procedure Code granted cassation rights in that matter.