Constitutional interpretation ruling not granting binding force does not justify retrial under Art. 4011 k.p.c.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court of Poland resolved a legal question regarding whether a Constitutional Court interpretation ruling constitutes grounds for a retrial under Article 4011 of the Code of Civil Procedure. The Ombudsman argued that such rulings should allow retrials, while the Court held that these interpretations lack binding force and do not alter the legal basis of final judgments. Consequently, the Court ruled that such interpretations cannot serve as a basis for reopening proceedings, establishing this as a binding legal principle.
Legislator-Regeste
KI-generiertArt. 4011 k.p.c.; Art. 190 ust. 1, 4 Konstytucji: An interpretation ruling by the Constitutional Court declaring a norm unconstitutional, which does not deprive the norm of its binding force, does not constitute a ground for a retrial under Article 4011 of the Code of Civil Procedure.