Supreme Court dismisses correction request for judge name error, ruling it invalidates proceedings under Polish Code of Civil Procedure.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's request to correct the appellate judgment's sentence regarding a non-participating judge's name. The court found that the error involved substituting one judge for another, which constitutes a fundamental defect in the composition of the court rather than a mere clerical mistake. Consequently, the proceedings were declared void, necessitating a remand without any substantive review of the case's merits.
Legislator headnote
AI generatedArt. 350 § 1 KPC; Art. 323 KPC; Art. 325 KPC; Art. 379 pkt 4 KPC; Art. 393 § 1 KPC: A substitution of a judge in the court composition, even if corrected as a clerical error, invalidates the proceedings because it violates the statutory requirement that the judgment be rendered by the judges who presided over the trial.