Supreme Court dismisses civil party's cassation from 1994 judgment as inadmissible due to new law retroactivity limits.
Legislator summary
AI generatedThe Supreme Court dismissed Lidia K.'s cassation against a 1994 final judgment, ruling it procedurally inadmissible. Although the new Civil Procedure Code introduced cassation for final judgments, it applied only to judgments rendered on or after July 1, 1996. The court held that parties cannot file cassations for pre-July 1996 judgments, reserving such review exclusively for the Minister of Justice or Ombudsman within two years of the new law's enactment.
Legislator headnote
AI generatedArt. 392 § 1 KPC; Art. 12 ust. 1 ustawy z dnia 1 marca 1996 r. o zmianie Kodeksu postępowania cywilnego: Cassation is a new remedy for final judgments effective only from July 1, 1996, while pre-July 1996 judgments remain reviewable only by the Minister of Justice or Ombudsman under extraordinary review rules.