on the limits of re-examining the facts established in a final and binding judgment rendered in a civil action
On the basis of a motion for a preliminary ruling submitted by Panel No. G.V of the Curia, the Uniformity Panel of the Curia has issued the following uniformity decision:
- The Curia upholds its consistent practice according to which a violation of Section 279 (1) of Act CXXX of 2016 on the Code of Civil Procedure may be established if the facts of the final and binding judgment are contrary to the records or if they are based on a manifestly unreasonable weighing of the evidence. That is, it is clearly discernible that the evidence can lead only to a conclusion that differs from the facts established in the decision challenged by the petition for cassation. In other cases, the Curia conducts a cassation proceeding based on the facts established in the final and binding judgment.
- The adjudicating Panel No. G.V of the Curia may diverge from the interpretation of law set forth in its Decision No. Gfv.30.119/2023/9, which was published in the Collection of Court Decisions. That interpretation may no longer be invoked as binding.