Answer: Yes, it can.
According to Article 130(3) of Federal Decree-Law No. 42 of 2022, a judgment shall be deemed null and void if:
- the court relies on evidence that is not present in the case file (e.g., a non-existent expert report), or
- it fails to consider key evidence and arguments submitted by the parties.
This is precisely what occurred in Case No. 1196/2024, where:
- the Court of Appeal refused to appoint an expert, relying on a report that was not actually included in the case file;
- the court failed to examine the evidence submitted by the parties;
- the Federal Supreme Court held that such conduct constituted a serious violation, amounting to an error in the assessment of evidence and a distortion of facts. As a result, the decision was annulled and remanded for reconsideration.
Relevant case law:
Case No. 1196 of 2024 / Federal Supreme Court / Administrative