The inadmissibility of filing a cassation appeal in cases concerning rent from a lease or tenancy SK 47/22
Ref. No. SK 47/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 29 January 2025
The Constitutional Tribunal, composed of:
Wojciech Sych – Presiding Judge
Bogdan Święczkowski – Judge Rapporteur
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki,
having considered, at a sitting in camera on 29 January 2025 – 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. of 2019, item 2393) – the constitutional complaint of the […] company, lodged with the Tribunal for it to consider the conformity of:
Article 3982(2)(1) of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2021, item 1805, as amended):
(a) “insofar as the said provision deems it inadmissible to file a cassation appeal in cases concerning rent from a lease or tenancy”;
(b) alternatively, “construed in the manner that it is regarded as inadmissible to file a cassation appeal in cases concerning a rent liability from a lease or tenancy, cases to determine the existence or substance of a legal relationship (if rent constitutes the subject of the legal relationship), as well as cases pertaining to the reimbursement of the lease or tenancy rent paid in advance, including claims arising from Article 700 of the Civil Code of 23 April 1964”;
– with Article 45(1) in conjunction with Article 2, Article 31(3), Article 32(1) and Article 64(2) of the Constitution.
adjudicates as follows:
Article 3982(2)(1) of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2024, item 1568) – insofar as it rules out the possibility of filing a cassation appeal in cases concerning tenancy rent – is consistent with Article 45(1) in conjunction with Article 31(3), Article 32(1) and Article 64(2) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Wojciech Sych
Bogdan Święczkowski
Rafał Wojciechowski
Jarosław Wyrembak
Andrzej Zielonacki