Constitutional Court: provisions on the inadmissibility of repeated consideration of disputes are aimed at ensuring legal certainty

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An application was submitted to the Constitutional Court to review the constitutionality of Subparagraph 2) of Article 277 of the Civil Procedure Code.

The application arose from a case concerning the restoration of solvency. Initially, the claim was dismissed because at the time of filing the applicant was an individual entrepreneur and therefore did not fall within the scope of the relevant procedures. After terminating his activity as an individual entrepreneur, he reapplied to the court with a similar claim; however, the proceedings were discontinued due to the prior judicial consideration of the case.

In the applicant’s view, the termination of his status as an individual entrepreneur constitutes a new circumstance that precludes the application of the contested provision.

The Constitutional Court noted that Subparagraph 2) of Article 277 of the Civil Procedure Code is aimed at preventing the repeated consideration of disputes and ensuring the stability of judicial decisions. The provision is to be applied with due regard to the nature of the claims and the circumstances on which they are based.

The Constitutional Court further stated that the arguments in the application link the alleged violation of rights to the way in which the identity of the claims was determined in the specific case, while the provision itself does not contain any ambiguity and allows for its application taking into account changes in a person’s legal status.