ECHR violation of fair trial rights justifies civil procedure retrial under Polish law even for formal decisions.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court set aside a lower court's dismissal of a retrial request based on a European Court of Human Rights finding of unfair trial procedures. The plaintiff argued that the denial of state-appointed counsel for filing a cassation appeal violated his right to a fair trial, leading the lower court to reject the retrial. The Supreme Court ruled that while the domestic court was not obligated to immediately appoint counsel, the procedural defect created a valid ground for retrial under Article 401(2) of the Civil Procedure Code.
Regeste Legislator
Généré par l'IAArt. 6 ust. 1 Konwencji o ochronie praw człowieka i podstawowych wolności; Art. 401 pkt 2 k.p.c.: A violation of the right to a fair trial by the European Court of Human Rights constitutes a ground for retrial proceedings under domestic law, even when the original proceedings concluded with a formal decision rather than a final judgment.