on the enforcement of the substantive res iudicata effect in an action filed to declare an invalid contract valid
On the basis of a motion for a preliminary ruling submitted by Panel No. P.VI of the Curia, the Curia's Uniformity Complaint Panel has issued the following uniformity decision:
If a contract is totally invalid on several grounds and if each of these grounds for invalidity becomes the subject of an action, but in the action, the plaintiff requests that the contract be declared valid as a result of the elimination of only one of the grounds for invalidity and that the defendant perform the contract that has been declared valid this way, the force of res iudicata of the judgement – which rejected the action due to the existence of further grounds for invalidity – will prevent the plaintiff from requesting again, in a new action, a declaration that the contract is valid as a result of the elimination of the ground for invalidity mentioned in the plaintiff’s previous action. Furthermore, it will preclude the plaintiff from requesting the imposition of an obligation on the defendant.
This is the case even if, in the new action, the plaintiff requests the elimination of not only the ground for invalidity in connection with which he requested a remedy earlier, but also any additional ground for invalidity.
If the res iudicata is a bar to proceedings, the statement of claim must be dismissed, or the proceedings must be terminated ex officio.
The legal interpretation given by Decision No. Gfv.30.123/2022/11 or by any other decision that goes against the above interpretation may no longer be invoked as binding.
The Curia’s Panel No. P.VI, which initiated the uniformity complaint proceedings, may depart from the legal interpretation of Curia Decision No. Gfv.30.123/2022/11.