A three-month time-limit to file a complaint to reopen proceedings in the case where a relevant judgment was issued on the basis of a forged or fraudulent document, and the requirement that the complaint filed after the lapse of the time-limit be rejected SK 16/19
Ref. No. SK 16/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 10 December 2019
The Constitutional Tribunal, composed of:
Justyn Piskorski – Presiding Judge
Leon Kieres – Judge Rapporteur
Mariusz Muszyński
Wojciech Sych
Michał Warciński,
having considered, at a sitting in camera on 10 December 2019 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072, as amended) – Mr M.P.’s constitutional complaint lodged with the Tribunal for it to consider the conformity of:
Article 407(1) of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U.of 2016 item 1822, as amended) – insofar as it provides for a three-month time-limit for filing a complaint to reopen proceedings in the case where a relevant judgment was based on a forged or fraudulent document, with the requirement that the complaint submitted after the lapse of the time-limit be rejected – to Article 45(1) of the Constitution,
adjudicates as follows:
Article 407(1) of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2019, item1460, as amended) – insofar as it stipulates that, in the case where a judgment was issued on the basis of a forged or fraudulent document, a complaint to reopen civil proceedings is to be filed within three months from the day when a party to the case learnt about the ground for reopening – is consistent with Article 45(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland.
The ruling was unanimous.
Justyn Piskorski
Leon Kieres
Mariusz Muszyński
Wojciech Sych
Michał Warciński