Monitor Prawniczy

no. 7/2015

The nature of a complaint against a judgment vs. the composition of the court hearing a case when the judgment of the court of second instance annulling the judgment of the court of first instance is annulled

Abstract

Should the Supreme Court accept a complaint under Art. 3941 § 11 of the Code of Civil Procedure and refer it for reconsideration, it should be considered by the same bench of the appellate court. The bench needs to be changed only when the annulled judgment concerns the merits of the case. The nature of the proceedings initiated by filing a complaint against the judgement is of formal supervision. They are limited to evaluating whether the arguments used by the appellate court correspond with the indicated grounds for the annulment.