The Supreme Court’s interpretation of legal provisions in a case – binding for the courts determining the case SK 24/20
DECISION
of 22 July 2021
Ref. No. SK 24/20
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Leon Kieres – Judge Rapporteur
Jakub Stelina
Wojciech Sych
Rafał Wojciechowski,
having considered, at a sitting in camera on 22 July 2021, the constitutional complaint of […] (a housing cooperative), lodged with the Constitutional Tribunal to consider the conformity of:
Article 39820 of the Civil Procedure Code of 17 November 1964 (Journal of Laws – Dz. U. of 2019, item 1460) – insofar as it does not provide for a sanction for breaching the requirement that the Supreme Court’s interpretation of legal provisions in a case is binding for a court to which the case has been referred, and thus insofar as it permits the possibility that the Supreme Court may consider a cassation appeal which is based on grounds contradicting the Supreme Court’s interpretation of legal provisions already issued in the case – with Article 45(1) in conjunction with Article 2 of the Constitution,
d e c i d e s:
to discontinue the proceedings.
The ruling was adopted by a majority vote.
Krystyna Pawłowicz
Leon Kieres
Jakub Stelina
Wojciech Sych
Rafał Wojciechowski