Supreme Court dismissed retrial request as Constitutional Court ruling did not invalidate the procedural basis for the High Court's dismissal order.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court rejected a retrial request filed by Maria D. against the High Court's order refusing to accept her cassation appeal. The plaintiff argued that the Constitutional Court had declared the High Court's lack-of-justification rule unconstitutional, thereby invalidating the dismissal order. The court ruled that the Constitutional Court's decision concerned a different provision of the Civil Procedure Code and did not affect the legal basis for the specific dismissal order in question.
Regeste Legislator
Généré par l'IAArt. 3989 § 2 zdanie drugie k.p.c.; Art. 4011 k.p.c.: A Constitutional Court ruling on the unconstitutionality of a procedural rule does not constitute a ground for retrial if the specific judicial decision was based on a different provision of that same rule.