on departure from a decision that was issued in a model case and was not impugned by cassation
In uniformity proceedings conducted on the basis of a motion for preliminary ruling submitted by the Curia’s Panel No. K.V, the Curia’s Uniformity Complaint Panel has issued the following uniformity decision:
- The Curia is not bound by the decision of a lower court in the model case; that is, the Curia may depart from the judgement, which was delivered in the model case and was not impugned by cassation, in cassation proceedings aimed at examining the lawfulness of decisions delivered on the basis of the model case.
- The Curia’s Adjudicating Panel No. K.V. may depart from the interpretation of the law set out in Section 48 of Judgement No. Kfv.37.471/2019/11, which was published in the Collection of Court Decisions, and decisions containing a similar interpretation of the law may no longer be invoked as binding.