Supreme Court dismisses extraordinary review for non-delivered default judgment despite erroneous classification as contradictory. The court ruled that the judgment's substantive nature dictates its procedural status. Delivery is mandatory for validity and appeal rights.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court rejected the extraordinary review filed by the Minister of Labor against a final labor compensation judgment. Although the lower court labeled the decision as contradictory, the defendant failed to submit any defense or objection, creating a factual situation of default judgment. The court held that the judgment's true legal character is determined by its substance rather than the court's formal classification, meaning it was a default judgment requiring delivery under Article 343 of the Code of Civil Procedure. Consequently, the review was inadmissible because undelivered default judgments do not acquire legal force and cannot be the subject of extraordinary review.
Regeste Legislator
Généré par l'IAArt. 339 § 1 k.p.c.; Art. 343 k.p.c.; Art. 417 § 1 k.p.c.; Art. 423 § 1 k.p.c.; A judgment rendered in default status remains a default judgment regardless of the court's erroneous designation as contradictory; such a judgment requires delivery to acquire legal force and is inadmissible for extraordinary review if undelivered.