Supreme Court dismisses civil retrial claim based on ECJ ruling contradicting final domestic judgment.
Legislator summary
AI generatedThe Supreme Court dismissed the insured's appeal for a civil retrial, which sought to overturn a final judgment denying war disability pension due to residence abroad. The applicant argued that the domestic law provision was automatically repealed by EU accession and contradicted an ECJ ruling, citing constitutional supremacy and direct effect. The court held that the Civil Procedure Code does not provide for retrial based on such contradictions, reserving constitutional review for the Constitutional Tribunal and cassation for ECJ interpretation issues.
Legislator headnote
AI generatedArt. 403 § 2, 3 k.p.c.; Art. 389 § 14 k.p.c.; Art. 394 § 3 k.p.c.; Art. 188 Konstytucji RP; Art. 8 ust. 1 Konstytucji RP; Art. 61 § 6 ustawy o Sądzie Najwyższym: A final civil judgment inconsistent with EU law or an ECJ ruling does not constitute a ground for retrial; such issues are addressed via cassation or constitutional review.