Monitor Prawniczy

no. 16/2016

Suspension of civil proceedings when the verdict depends on the outcome of proceedings pending before the Constitutional Tribunal or the Court of Justice of the European Union (Art. 177 § 1.31 of the Code of Civil Procedure)

Agnieszka Jurzec-Jasiecka
Asystent sędziego w Sądzie Okręgowym w Świdnicy.
Abstract

The article discusses issues connected with suspension of proceedings when the verdict depends on the outcome of the proceedings pending before the Constitutional Tribunal (CT) or the Court of Justice of the European Union (CJEU) (Art. 177 § 1.31 of the Code of Civil Procedure). It presents the position of the doctrine and caselaw in this respect before that institution was introduced; analyses the prerequisites for its application; outlines various procedural situations in which proceedings before common courts may be suspended. It also outlines issues connected with the court’s joining in the proceedings initiated before the CT or the CJEU by another entity, as well as appeals against the decision to suspend the proceedings on the said basis and its rationale.