Supreme Court dismisses retrial request as it requires a specific Constitutional Court ruling invalidating the actual legal basis of the decision.
Legislator summary
AI generatedThe Supreme Court dismissed the retrial request filed by a construction company and an individual against a Social Insurance Institution's decision denying social insurance coverage. The court found that while a Constitutional Court ruling had previously declared a specific social benefits statute unconstitutional, that ruling did not apply to the underlying employment contract dispute at hand. Consequently, the court held that a retrial under the relevant procedural article requires the cited Constitutional Court decision to have invalidated the specific legal provision actually used as the basis for the contested judgment.
Legislator headnote
AI generatedArt. 4011 k.p.c.; Art. 410 § 1 k.p.c.: A request for retrial based on a statutory ground requires the party to cite a Constitutional Court ruling that specifically declared the actual legal basis of the contested decision unconstitutional.