Published on 6 March 2023
FIRST SECTION
Application no. 10374/22
Joanna PALIŃSKA against Poland
and 33 other applications
(see list appended)
communicated on 15 February 2023
SUBJECT MATTER OF THE CASES
The applicants were parties to civil proceedings concerning various claims. All of them, after obtaining rulings at two levels of jurisdiction, lodged cassation appeals with the Supreme Court (Sąd Najwyższy). On dates specified in the appendix, the Supreme Court dismissed, rejected, refused to entertain their cassation appeals, or otherwise ruled against them on the merits. In each case the formation of the Civil Chamber of the Supreme Court was composed of judges appointed to that court by the President of Poland, pursuant to the recommendation of the National Council of the Judiciary (Krajowa Rada Sądownictwa, “the NCJ”) as established under the Amending Act on the NCJ and certain other statutes of 8 December 2017 (ustawa o zmianie ustawy o Krajowej Radzie Sądownictwa oraz niektórych innych ustaw; “the 2017 Act”).
The applicants complain that their cases were examined by a judicial formation of the Civil Chamber of the Supreme Court, which included the judge appointed on the NCJ’s recommendation, in breach of their right to an “independent and impartial tribunal established by law”, as guaranteed by Article 6 § 1 of the Convention.
QUESTION TO THE PARTIES
Was the formation of the Civil Chamber of the Supreme Court which dealt with the applicants’ cases an “independent and impartial tribunal established by law” as required by Article 6 § 1 of the Convention? Reference is made to the Court’s judgments in Advance Pharma sp. z o.o v. Poland, no. 1469/20, §§ 294-351, 3 February 2022 and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, §§ 205-290, 1 December 2020.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth / Registration
Place of Residence
Nationality
Represented by
Notes
1.
10374/22
Palińska v. Poland
14/02/2022
Joanna PALIŃSKA
1965
Bibice
Polish
Civil proceedings in which the applicant sought compensation for expropriation. On 25/01/2018 the Poznań Regional Court dismissed her claim. On 11/07/2019 the Poznań Court of Appeal dismissed her appeal.
On 17/03/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. II CSK 293/20, notified on 18/08/2021). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
2.
12043/22
Brzeska-Budzanowska v. Poland
16/02/2022
Maria BRZESKA-BUDZANOWSKA
1963
Kraków
Polish
Civil proceedings in which the applicant sought compensation for expropriation. On 25/01/2018 the Poznań Regional Court dismissed her claim. On 11/07/2019 the Poznań Court of Appeal dismissed her appeal.
On 17/03/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. II CSK 293/20, notified on 18/08/2021). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
3.
12687/22
M.D. v. Poland
(anonymity granted)
24/02/2022
M.D.
1974
Będzin
Polish
Wojciech Władysław WIERZBICKI
The applicant was a defendant in the proceeding concerning division of her marital property. On 28/08/2017 the Będzin District Court ordered division of the estate. On 21/09/2018 the Katowice Regional Court dismissed the applicant’s appeal.
On 24/06/2021 the Supreme Court dismissed her cassation appeal (case no. V CSKP 77/21, notified on 27/08/2021). It sat in camera in a panel of three judges, including Mr Marcin Krajewski and Ms Joanna Misztal-Konecka who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018), and Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
4.
12689/22
Nawrot v. Poland
22/02/2022
Ramona NAWROT
1989
Siewierz
Polish
Krzysztof NAWROT
Civil proceedings concerning an alleged infringement of the applicant’s personal rights. On 17/05/2019 the Gliwice Regional Court dismissed her claim. On 23/07/2020 the Katowice Court of Appeal dismissed her appeal.
On 26/10/2021 the Supreme Court refused to entertain her cassation appeal (case no. V CSK 10/21, notified on 02/02/2022). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
5.
12691/22
Nawrot v. Poland
22/02/2022
Ramona NAWROT
1989
Siewierz
Polish
Krzysztof NAWROT
Civil proceedings concerning an alleged infringement of the applicant’s personal rights. On 23/01/2019 the Gliwice Regional Court dismissed her claim. On 14/01/2021 the Katowice Court of Appeal dismissed her appeal.
On 22/12/2021 the Supreme Court refused to entertain her cassation appeal (case no. V CSK 319/21, notified on 27/01/2022). It sat in camera in a single-judge formation, composed of Mr Jacek Grela, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
6.
12895/22
Przedsiębiorstwo Badań i Ekspertyz Środowiska SEPO Sp. z o. o. v. Poland
10/02/2022
PRZEDSIĘBIORSTWO BADAŃ I EKSPERTYZ ŚRODOWISKA SEPO SP. Z O. O.
2002
Knurów
Polish
Rafal DZIJA
Civil proceedings concerning contractual obligations between two companies. On 13/12/2018 the Warsaw Regional Court dismissed the claim. On 29/01/2020 the Warsaw Court of Appeal dismissed the applicant company’s appeal.
On 17/06/2021 the Supreme Court refused to entertain its cassation appeal (case no. I CSK 15/21, notified on 12/08/2021). It sat in camera in a single-judge formation, composed of Ms Joanna Misztal-Konecka, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
7.
13000/22
Tarczyński v. Poland
17/02/2022
Wieslaw Stanisław TARCZYŃSKI
1952
Węglew
Polish
Roman Jerzy DARABASZ
On 22/12/2016 the applicant brought an action for payment against a certain company. On 13/06/2019 the Konin District Court dismissed the action. On 27/02/2020 the Poznań Regional Court dismissed the applicant’s appeal.
On 16/03/2021 the Supreme Court refused to entertain his cassation appeal (case no. II CSK 524/20, notified on 17/08/2021). It sat in camera in a single-judge formation, composed of Ms Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
8.
13442/22
Apfelbaum v. Poland
03/03/2022
Erika APFELBAUM
1934
The Hague
French
Agata BZDYŃ
Civil proceedings concerning acquisition of a property by adverse possession. On 26/07/2016 the Tarnów District Court dismissed the State Treasury’s claim against the applicant. On 2/03/2017 the Tarnów Regional Court remitted the case. On 27/11/2017 the Tarnów District Court granted the State Treasury’s claim. On 31/01/2019 the Tarnów Regional Court dismissed the applicant’s appeal.
On 15/04/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. III CSK 5/21, notified on 07/09/2021). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
9.
13972/22
Bieniek v. Poland
04/03/2022
Adrian BIENIEK
1986
Warszawa
Polish
Wiktor KOTIUK
Civil proceedings concerning pecuniary claim against the applicant. On 28/05/2015 the Warsaw-Praga Regional Court allowed that claim. On 03/07/2018 the Warsaw Court of Appeal dismissed the applicant’s appeal.
On 02/06/2021 the Supreme Court dismissed his cassation appeal (case no. I CSKP 54/21, notified on 15/09/2021). It sat in camera in a panel of three judges, composed of Mr Marcin Łochowski and Mr Jacek Widło, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
10.
14417/22
Kolber v. Poland
09/03/2022
Ilona KOLBER
2000
Bielsko-Biała
Polish
Marcin WOLSKI
On 30/09/2016 the applicant brought an action for payment against an insurance company. On 21/05/2019 the Bielsko-Biała District Court dismissed the action. On 24/10/2019 the Bielsko-Biała Regional Court dismissed her appeal.
On 26/05/2021 the Supreme Court refused to entertain her cassation appeal (case no. V CSK 277/20, notified on 10/09/2021). It sat in camera in a single-judge formation, composed of Mr Jacek Widło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
11.
15417/22
Cukiernia-Kawiarnia „MONIKA” Turzyński, Kalnik, Oriol sp. j. v. Poland
17/03/2022
CUKIERNIA-KAWIARNIA „MONIKA” TURZYŃSKI, KALNIK, ORIOL SP. J.
2002
Gdynia
Polish
Wojciech ARMKNECHT
Civil proceedings concerning the applicant company’s pecuniary claim. On 19/03/2020 the Gdańsk Regional Court dismissed the claim. On 16/11/2020 the Gdańsk Court of Appeal dismissed its appeal.
On 24/06/2021 the Supreme Court refused to entertain the applicant company’s cassation appeal (case no. IV CSK 216/21, notified on 17/11/2021). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
12.
15450/22
Wieczorek v. Poland
16/03/2022
Danuta Zofia WIECZOREK
1933
Chicago
Polish
Jaroslaw SZYDŁOWSKI
Civil proceedings for payment instituted by the applicant. On 11/07/2016 the Warsaw Regional Court dismissed the applicant’s action. On 31/10/2018 the Warsaw Court of Appeal amended that judgment and partly granted her claim.
On 17/09/2021 the Supreme Court amended the second-instance judgment and dismissed the applicant’s appeal, rendering the first-instance judgment final (case no. I CSKP 140/21, notified on 29/11/2021). It sat in camera in a panel of three judges, composed of Ms Beata Janiszewska and Mr Marcin Krajewski, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018), and Mr Jacek Widło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
13.
15881/22
Kościołek v. Poland
18/03/2022
Adam KOŚCIOŁEK
1958
Radomsko
Polish
Jarosław Józef SMOLAREK
Civil proceedings concerning the applicant’s pecuniary claims. On an unspecified date the Łódź Regional Court dismissed his action. On 30/09/2020 the Łódź Court of Appeal dismissed the appeal.
On 25/05/2021 the Supreme Court refused to entertain his cassation appeal (case no. II CSK 96/21, notified on 11/10/2021). The Supreme Court sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
14.
16199/22
Klimek v. Poland
19/03/2022
Jerzy KLIMEK
1959
Szczecin
Polish
Agnieszka Ewa WARIAN
Civil proceedings for payment instituted by the applicant. On 02/12/2016 the Szczecin Regional Court partly allowed the applicant’s claim. On 28/02/2018 the Szczecin Court of Appeal changed that judgment and increased the sum awarded to the applicant.
On 19/07/2019 the Supreme Court partly remitted the case (case no. II CSK 386/18). It sat in camera in a panel of three judges, including Mr Kamil Zaradkiewicz, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
On 20/11/2020 the Szczecin Court of Appeal amended the first-instance judgment and dismissed the applicant’s claim. On 29/06/2021 the Supreme Court refused to entertain his cassation appeal (case no. II CSK 165/21, notified on 20/09/2021).
15.
17426/22
Klag v. Poland
22/03/2022
Mateusz KLAG
1976
Kraków
Polish
Marzena KLAG
1976
Kraków
Polish
Paweł OLEJNICZEK
Civil proceedings concerning property matters instituted by the applicants. On 26/04/2018 the Kraków Regional Court allowed their action. On 09/04/2019 the Kraków Court of Appeal amended that judgment and dismissed their claim.
On 02/06/2021 the Supreme Court dismissed the applicants’ cassation appeal (case no. III CSKP 49/21, notified on 08/10/2021). It sat in a panel of three judges, composed of Mr Marcin Łochowski and Mr Jacek Widło, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
16.
19345/22
Chocholak v. Poland
05/04/2022
Jan CHOCHOLAK
1959
Gorzów Wielkopolski
Polish
Władysława CHOCHOLAK
1961
Gorzów Wielkopolski
Polish
Maciej SAWICKI
On 03/11/2017 the applicants brought an action for damages. On 25/10/2019 the Gorzów Wielkopolski District Court dismissed it. On 31/07/2020 the Gorzów Wielkopolski Regional Court dismissed their appeal.
On 25/05/2021 the Supreme Court refused to entertain their cassation appeal (case no. II CSK 51/21, notified on 05/10/2021). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
17.
20791/22
Rybak v. Poland
19/04/2022
Damian RYBAK
1981
Tipton
Polish
Rafał BAŁKOWSKI
Civil proceedings concerning contractual matters instituted by the applicant. On 09/07/2019 the Wrocław Regional Court dismissed his claim. On 24/07/2020 the Wrocław Court of Appeal dismissed his appeal.
On 26/07/2021 the Supreme Court refused to entertain his cassation appeal (case no. V CSK 270/21, notified on 20/10/2021). It sat in camera in a single-judge formation, composed of Ms Małgorzata Manowska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
18.
25293/22
Klasztor Ojców Augustianów w Krakowie v. Poland
11/05/2022
KLASZTOR OJCÓW AUGUSTIANÓW W KRAKOWIE
1342
Kraków
Polish
Malgorzata KOŻUCH
Civil proceedings concerning the applicant monastery’s action for transfer of ownership of certain plots of land. On 27/10/2017 the Kraków Regional Court granted their claim. On 28/10/2019 the Kraków Court of Appeal amended that judgment and dismissed the claim.
On 16/09/2021 the Supreme Court refused to entertain its cassation appeal (case no. III CSK 224/20, notified on 30/11/2021). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
19.
26079/22
Toyota Bank Polska S.A.
13/05/2022
TOYOTA BANK POLSKA S.A.
2001
Warszawa
Polish
Tomasz KRAWCZYK
Civil proceedings concerning a pecuniary claim against the applicant company. On 24/04/2019 the Warsaw Regional Court allowed that claim. On 13/11/2020 the Warsaw Court of Appeal dismissed the applicant company’s appeal.
On 28/01/2022 the Supreme Court refused to entertain its cassation appeal (case no. I CSK 108/22). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
20.
27922/22
Kwaśnicki v. Poland
23/05/2022
Marek KWAŚNICKI
1953
Koszalin
Polish
Civil proceedings for compensation instituted by the applicant. On 30/04/2013 the Szczecin Regional Court partly granted his claim. On 04/02/2015 the Szczecin Court of Appeal amended that judgment and increased the sum awarded to the applicant. On 21/07/2016 the Supreme Court remitted the case.
On 23/12/2020 the Szczecin Court of Appeal amended the first-instance judgment and reduced the sum awarded to the applicant.
On 29/12/2021 the Supreme Court refused to entertain the parties’ cassation appeals (case no. II CSK 293/21, notified on 14/02/2022). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
21.
28186/22
Milaniuk v. Poland
20/05/2022
Wiesław MILANIUK
1949
Lublin
Polish
Jakub MĄKOSA
Civil proceedings concerning annulment of a writ of enforcement instituted by the applicant. On 05/06/2019 the Lublin Regional Court dismissed his claim. On 28/06/2021 the Lublin Court of Appeal dismissed his appeal.
On 17/02/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 1666/22). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
22.
28779/22
Dechnik v. Poland
31/05/2022
Zuzanna DECHNIK
1947
Biłgoraj
Polish
Stanisław Andrzej DECHNIK
1946
Biłgoraj
Polish
Civil proceedings concerning annulment of a contract instituted by the applicants. On 14/02/2018 the Zamość Regional Court dismissed their action. On 22/05/2019 the Lublin Court of Appeal dismissed their appeal.
On 17/11/2021 the Supreme Court dismissed the applicants’ cassation appeal (case no. IV CSKP 77/21, notified on 17/03/2022). It sat in camera in a panel of three judges, including Mr Jacek Grela and Mr Tomasz Szanciło, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018), and Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
23.
29741/22
Sznapik v. Poland
06/06/2022
Aleksander Stefan SZNAPIK
1951
Warszawa
Polish
Civil proceedings concerning annulment of a notarial deed instituted by the applicant. On 22/01/2019 the Warsaw Regional Court dismissed that claim. On 29/09/2020 the Warsaw Court of Appeal dismissed his appeal.
On 23/02/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 916/22). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
24.
30617/22
Zdanowicz v. Poland
09/06/2022
Aneta ZDANOWICZ
1974
Bialystok
Polish
Civil proceedings concerning a pecuniary claim against the applicant. On 11/10/2019 the Białystok Regional Court allowed the claim. On 06/11/2020 the Białystok Court of Appeal dismissed the applicant’s appeal.
On 09/12/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. IV CSK 365/21, notified on 30/12/2021). It sat in camera in a single-judge formation, composed of Mr Jacek Grela, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
25.
31652/22
Baraniak v. Poland
15/06/2022
Anna BARANIAK
1973
Ozarów Mazowiecki
Polish
Piotr BARANIAK
Civil proceedings in which the applicant sought damages for medical negligence. On 09/01/2020 the Warsaw Regional Court partly allowed her claim. On 17/11/2020 the Warsaw Court of Appeal amended that judgment and reduced the damages awarded.
On 28/01/2022 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. I CSK 734/22, notified on 23/02/2022). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
26.
33793/22
Hotel Antonio Conference Sp. z o.o. v. Poland
27/06/2022
HOTEL ANTONIO CONFERENCE SP. Z O.O.
2015
Skarbimierz-Osiedle
Polish
Tomasz BIERNACKI
Civil proceedings concerning contractile matters initiated against the applicant company. On 18/09/2019 the Opole Regional Court allowed the claim. On 24/02/2020 the Wrocław Court of Appeal dismissed its appeal.
On 09/12/2021 the Supreme Court dismissed its cassation appeal (V CSKP 276/21, notified on 04/02/2022). It sat in camera in a panel of three judges, composed of Mr Marcin Krajewski, Ms Małgorzata Manowska and Ms Joanna Misztal-Konecka, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
27.
34139/22
Budkiewicz v. Poland
29/06/2022
Kamila BUDKIEWICZ
2009
Warszawa
Polish
Przemysław NOWAKOWSKI
Civil proceedings in which the applicant sought damages for medical negligence. On 15/02/2018 the Warsaw Regional Court partly allowed her claim. On 03/12/2019 the Warsaw Court of Appeal upheld that judgment.
On 29/12/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (I CSK 470/21, notified on 16/02/2022). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
28.
37087/22
Witkowski v. Poland
21/07/2022
Wojciech WITKOWSKI
1982
Łomża
Polish
Katarzyna Anna KOWALSKA
Civil proceedings concerning contractual matters initiated by the applicant. On 29/04/2019 the Łomża Regional Court gave a judgment dismissing his claims. On 15/10/2020 the Białystok Court of Appeal dismissed his appeal.
On 08/10/2021 the Supreme Court refused to entertain his cassation appeal (case no. IV CSK 123/21, notified on 24/01/2022). It sat in camera in a single-judge formation, composed of Mr Marcin Krajewski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
29.
39542/22
Matuszewska-Nałudka v. Poland
25/07/2022
Daniela MATUSZEWSKA-NAŁUDKA
1955
Czerniewice
Polish
Jacek KRĘŻELEWSKI
Civil proceedings concerning division of co-ownership initiated by the applicant. On 21/11/2019 the Toruń District Court issued a division order. On 25/05/2020 the Toruń Regional Court amended that order.
On 26/10/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. IV CSK 50/21, notified on 02/02/2022). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
30.
39684/22
Ligenza v. Poland
04/08/2022
Tomasz LIGENZA
1962
Piła
Polish
Civil proceedings for compensation instituted by the applicant. On 18/12/2018 the Poznań Regional Court dismissed his claims. On 16/06/2020 the Poznań Court of Appeal dismissed his appeal.
On 31/03/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 463/22, notified on 17/06/2022). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
31.
40026/22
Sosna v. Poland
05/08/2022
Amelia SOSNA
2009
Strumień
Polish
Krzysztof SOSNA
On 22/02/2016 the applicant brought an action against an insurance company. On 27/02/2018 the Bielsko-Biała Regional Court partly allowed her claims. On 05/02/2019 the Katowice Court of Appeal amended that judgment and reduced the court fees and legal costs to be borne by the applicant.
On 14/10/2021 the Supreme Court dismissed the applicant’s cassation appeal (V CSKP 95/21, notified on 06/04/2022). It sat in camera in a panel of three judges, including Mr Marcin Krajewski and Mr Kamil Zaradkiewicz, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018), and Mr Mariusz Łodko, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 237/2020 of 31/01/2020).
32.
41352/22
Stępień v. Poland
19/08/2022
Andrzej STĘPIEŃ
1967
Piotrków Trybunalski
Polish
Sylwia GREGORCZYK-ABRAM
Civil proceedings concerning the applicant’s claims for damages. On 21/03/2016 the Warsaw Regional Court dismissed those claims. On 14/05/2019 the Warsaw Court of Appeal dismissed his appeal. The applicant lodged a cassation appeal against that judgment with the Supreme Court.
On 19/07/2021 the applicant applied for the recusal of Mr Kamil Zaradkiewicz, who had been initially assigned to the case, because of alleged irregularities relating to his appointment.
On 26/01/2022 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. I CSK 1/22, notified on 22/04/2022). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
33.
42390/22
Spółdzielnia Inwalidów „INPOL” v. Poland
22/08/2022
SPÓŁDZIELNIA INWALIDÓW „INPOL”
2002
Poznań
Polish
Anna PREISS
Civil proceedings in which the applicant cooperative sought a declaration that it had acquired several plots of land by adverse possession. On 23/03/2017 the Poznań-Grunwald and Jeżyce District Court granted its claim. On 14/02/2018 the Poznań Regional Court amended that judgment and dismissed the claim. On 13/09/2019 the Supreme Court remitted the case.
On 10/11/2020 the Poznań Regional Court again amended the first-instance judgment and dismissed the applicant cooperative’s claim.
On 28/01/2022 the Supreme Court refused to entertain its cassation appeal (case no. I CSK 163/22, notified on 22/04/2022). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 330/2018 of 28/08/2018).
34.
48825/22
Lewiński v. Poland
11/10/2022
Daniel LEWIŃSKI
1979
Warszawa
Polish
Monika Małgorzata GĄSIOROWSKA
Civil proceedings in which the applicant claimed damages for medical negligence. On 17/12/2020 the Warsaw Regional Court dismissed his claims. On 08/07/2021 the Warsaw Court of Appeal amended that judgment and partly allowed the applicant’s claims.
On 26/05/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 1797/22, notified on 25/07/2022). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).