Legislator Case Law & Legislation
II PO 1/09 AI generated

Supreme Court dismissed retrial request as Constitutional Court ruling did not invalidate the contested procedural provision.

Case Number II PO 1/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court rejected a request for retrial based on a Constitutional Court decision declaring a specific procedural article unconstitutional. The applicant argued that the unconstitutionality of the norm required the lower court's dismissal of the cassation appeal to be set aside. However, the Court determined that the Constitutional Court's ruling merely clarified the scope of the contested provision, confirming that the lower court correctly dismissed the appeal for lacking a proper request and justification. Consequently, the decision to dismiss the retrial was upheld as legally sound and not subject to revision.

Legislator headnote

AI generated

Art. 4011 k.p.c.; Art. 3986 § 2, 3 k.p.c.; Art. 3984 § 1 pkt 3 k.p.c.; The unconstitutionality of a procedural norm does not automatically invalidate a court decision based on that norm if the decision correctly applied the norm's scope as clarified by the Constitutional Court, particularly regarding formal defects in cassation appeals.

Keywords

AI generated
retrial request procedural unconstitutionality cassation appeal formal defect Constitutional Court scope

Cited Legislation

AI generated
Art. 4011 k.p.c.
Art. 3986 § 2 k.p.c.
Art. 3986 § 3 k.p.c.
Art. 3984 § 1 pkt 3 k.p.c.
Art. 64 of the Act on the Supreme Court
§ 104 ust. 1 of the Supreme Court Rules
art. 4011 k.p.c
art. 3984 § 1 pkt 3 k.p.c
art. 3989 § 1 k.p.c
art. 3986 § 2 k.p.c

Cited Case Law

AI generated

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