Key legal question
Whether the complainant's nullity complaint was admissible in the civil part after the accused withdrew his criminal complaint.
Extracted holding
The complaint was inadmissible because the criminal point was no longer before the court, and the amount in dispute in the civil claim was below the statutory threshold.
Extracted reasoning
Under Art. 271(2) BStP in connection with Art. 46 OG, review of the civil point by the Cassation Court is available only if the court is also seized of the criminal point. That condition failed once the accused withdrew his complaint. The exception in Art. 277quater(2) BStP could not help the complainant because the criminal point no longer allowed a change adverse to the accused, only potentially in his favor.