Supreme Court rejects cassation, holding Art. 4011 KPC governs TC invalidation of norms, not Art. 403 § 3 KPC.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Henryk K. and Aleksandra H. against a lower court's rejection of their request to retry proceedings. The plaintiffs argued that a Constitutional Tribunal ruling invalidating a regulation constituted grounds for retrial under Article 403 § 3 of the Civil Procedure Code. The Court ruled that this provision applies only to judgments, not Constitutional Tribunal decisions regarding normative acts, which instead require retrial under Article 4011 KPC.
Legislator headnote
AI generatedArt. 4011 KPC; Art. 190 ust. 4 Konstytucji RP: A Constitutional Tribunal ruling on the unconstitutionality of a normative act serves as a ground for retrial under Article 4011 KPC, not under Article 403 § 3 KPC which applies solely to judgments.