on the rectification and supplementation of a decision that has been communicated with an incomplete operative part
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:
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A decision may only be rectified – and not supplemented – if it is possible to conclusively establish from the reasoning part of the decision that the court has ruled on the party’s request, but the operative part does not contain the court’s decision or is incomplete due to an obvious administrative, technical or other similar error. The decision may only be supplemented if it is possible to conclusively establish that the court has not issued a decision on a matter on which it was required to rule.
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To determine whether the written decision covers all the issues to be decided and what the reason is for the incompleteness of the operative part of the decision, the operative and reasoning parts of the decision that has been communicated to the parties, and the parties’ requests that define the frameworks for the court’s power must be compared.
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However, if the court expressly rules on a request in the operative part – in accordance with the published decision – but the reasons thereof are not or are only partially stated in the reasoning part of the decision, it shall not be possible to supplement or rectify the decision. In such cases, a remedy petition may be lodged against the decision on the merits.
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The Curia’s Panel No. P.VI may depart from the interpretation of the law contained in paragraphs 17-22 of Decision No. Kfv.37.496/2022/9, which was published in the Collection of Court Decisions, and decisions with a similar interpretation of the law may no longer be invoked as binding.