Published on 25 September 2023
FIRST SECTION
Application no. 7363/22
Maciej SZEWCZYK against Poland
and 19 other applications
(see list appended)
communicated on 5 September 2023
SUBJECT MATTER OF THE CASE
The applicants were parties to civil proceedings concerning various claims. All applicants had their cases examined by courts of first or second instance in formation including judges appointed to those courts by the President of Poland pursuant to the recommendations 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 judicial formations of the ordinary courts including newly appointed judges which gave rise to a violation of their right to an “independent and impartial tribunal established by law”, in breach of Article 6 § 1 of the Convention.
QUESTION TO THE PARTIES
Was the 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 fact that the applicants’ cases were examined by a formation of ordinary courts composed of judges appointed in the procedure established by the Law of 8 December 2017 Amending the Act on the National Council of the Judiciary. In their replies, the parties are asked to refer to the Court’s judgments in Advance Pharma sp. z o.o v. Poland, no. 1469/20, 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
Place of Residence
Nationality
Represented by
1.
7363/22
Szewczyk v. Poland
14/01/2022
Maciej SZEWCZYK
1964
Zakopane
Polish
Andrzej STANISZEWSKI
On 24/01/2020 the Zakopane District Court (Sąd Rejonowy) allowed a pecuniary claim lodged against the applicant.
On 13/10/2021 the Nowy Sącz Regional Court dismissed the applicant’s appeal (case no. III Ca 519/20, served on 01/12/2021). It sat in camera in a single-judge formation, composed of Mr Rafał Obrzud, appointed to that court by the President of Poland on 28/01/2021, on recommendation of the NCJ (resolution no. 633/2020 of 04/08/2020). The applicant did not lodge a cassation appeal against that judgment.
2.
7814/22
Cudziło v. Poland
26/01/2022
Mariusz CUDZIŁO
1977
Pysznica
Polish
On 24/09/2020 the Gorzów Wielkopolski Social Security Board (Zakład Ubezpieczeń Społecznych) dismissed the applicant’s application for social benefits. On 20/01/2021 the Tarnobrzeg Regional Court dismissed his complaint against that decision.
On 05/07/2021 the Rzeszów Court of Appeal dismissed the applicant’s further appeal (case no. III AUa 284/21, served on 29/07/2021). It sat in camera in a single-judge formation, composed of Mr Józef Pawłowski, appointed to that court by the President of Poland on 02/07/2019, on recommendation of the NCJ (resolution no. 505/2018 of 06/11/2018).
3.
12472/22
PUHP Węglopol sp. z o.o. v. Poland
15/02/2022
PUHP WĘGLOPOL SP. Z O.O.
Warszawa
Polish
Anna KWIETNIOWSKA
On 16/12/2021 the Bydgoszcz Regional Court dismissed the applicant’s company civil claim against another company (case no. VIII GC 312/19). It sat in a single-judge formation, composed of Mr Jacek Wojtycki, appointed to that court by the President of Poland on 05/07/2019, on recommendation of the NCJ (resolution no. 551/2018 of 20/11/2018). The applicant company failed to appeal against that judgment.
4.
12502/22
Jarosiewicz-Ptasińska v. Poland
21/02/2022
Beata Marta JAROSIEWICZ-PTASIŃSKA
1978
Warszawa
Polish
Michał PTASIŃSKI
On 17/10/2019 the Warsaw Praga-Południe District Court dismissed the applicant’s request to modify a custody arrangement between her and her former husband concerning their two children.
On 04/01/2022 the Warsaw-Praga Regional Court dismissed the applicant’s appeal (case no. IV Ca 616/20, served on 15/02/2022). It sat in camera in a single-judge formation, composed of Ms Iwona Podsiadła, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 782/2019 of 26/07/2019).
5.
13556/22
Tosik v. Poland
02/03/2022
Tomasz TOSIK
1969
Zelów
Polish
On 16/02/2021 the Piotrków Trybunalski Regional Court pronounced the applicant’s divorce.
On 08/09/2021 the Łódź Court of Appeal amended that judgment (case no. I ACa 680/21). It sat in a single-judge formation, composed of Ms Monika Michalska-Marciniak, appointed to that court by the President of Poland on 26/01/2021, on recommendation of the NCJ (resolution no. 434/2018 of 11/10/2018).
6.
14930/22
Kapica v. Poland
25/02/2022
Bożena Krystyna KAPICA
1957
Koszalin
Polish
On 07/10/2021 the Koszalin Regional Court dismissed the applicant’s complaints against administrative decisions (given by Social Security Board, case no. IV U 71/21, served on 04/11/2021). It sat in a single-judge formation, composed of Ms Ewa Niemczyk, appointed to that court by the President of Poland on 11/12/2020, on recommendation of the NCJ (resolution no. 384/2020 of 11/03/2020). The applicant did not appeal against that judgment.
7.
17627/22
Jarosiewicz-Ptasińska v. Poland
29/03/2022
Beata Marta JAROSIEWICZ-PTASIŃSKA
1978
Warszawa
Polish
Michał PTASIŃSKI
On 11/12/2020 the Warsaw Praga-Południe District Court dismissed the applicant’s request concerning custody arrangements.
On 04/01/2022 the Warsaw-Praga Regional Court partly allowed the applicant’s appeal (case no. IV Ca 744/21). It sat in camera in a single-judge formation, composed of Ms Iwona Podsiadła, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 782/2019 of 26/07/2019).
8.
19674/22
Rynio v. Poland
11/04/2022
Alan RYNIO
1988
Warszawa
Polish
On 29/06/2021 the Kołobrzeg District Court dismissed the applicant’s civil action concerning employment dispute.
On 30/11/2021 the Koszalin Regional Court dismissed the applicant’s appeal (case no. IV Pa 31/21). It sat in a single-judge formation, composed of Mr Marcin Myszka, appointed to that court by the President of Poland on 03/09/2021, on recommendation of the NCJ (resolution no. 562/2021 of 25/05/2021).
9.
22306/22
Trusiło v. Poland
26/04/2022
Tomasz TRUSIŁO
1972
Toruń
Polish
Monika Małgorzata GĄSIOROWSKA
On 10/10/2019 the Disciplinary Commission at the National Bailiffs’ Committee determined that the applicant had committed two disciplinary offences and fined him 100,000 Polish zlotys (PLN – approximately 22,250 euros (EUR)).
On 02/11/2021 the Gdańsk Court of Appeal amended that decision and dismissed the applicant from the service (case no. II AKa 62/20, served on 23/02/2022). It sat in a panel of three judges, including Ms Marta Urbańska, appointed to that court by the President of Poland on 09/03/2021, on recommendation of the NCJ (resolution no. 879/2020 of 17/11/2020).
10.
24287/22
Dec v. Poland
06/05/2022
Piotr Ryszard DEC
1966
Rzeszów
Polish
On 25/02/2020 the Tarnobrzeg Regional Court dismissed the applicant’s action for damages for a breach of his personal rights.
On 01/12/2021 the Lublin Court of Appeal dismissed the applicant’s appeal (case no. I ACa 129/21). It sat in camera in a single-judge formation, composed of Mr Mariusz Tchórzewski, appointed to that court by the President of Poland on 06/09/2019, on recommendation of the NCJ (resolution no. 583/2019 of 25/06/2019).
11.
24534/22
Narewska v. Poland
06/05/2022
Grażyna NAREWSKA
1964
Mrągowo
Polish
Agnieszka BAUDET
On 13/11/2020 the Olsztyn District Court dismissed the applicant’s action for damages for breach of contract.
On 14/12/2021 the Olsztyn Regional Court dismissed the applicant’s appeal (case no. V Ga 452/20, served on 10/01/2022). It sat in a single-judge formation, composed of Mr Zbigniew Chmielewski, appointed to that court by the President of Poland on 05/08/2020, on recommendation of the NCJ (resolution no. 210/2019 of 15/02/2019).
12.
29718/22
GPM VINDEXUS NSFIZ v. Poland
24/05/2022
GPM VINDEXUS NSFIZ
Warszawa
Polish
Zbigniew SADECKI
On 18/06/2020 the Grodzisk Mazowiecki District Court dismissed the applicant’s company civil claim against another company.
On 20/10/2021 the Warsaw Regional Court dismissed the applicant fund’s appeal against that judgment (case no. VI Ca 714/20, served on 24/11/2021). It sat in a single-judge formation, composed of Ms Sylwia Sierpińska, appointed to that court by the President of Poland on 15/02/2021, on recommendation of the NCJ (resolution no. 870/2019 of 01/10/2019).
13.
30111/22
Zielińska v. Poland
09/06/2022
Kamila ZIELIŃSKA
1995
Warszawa
Polish
Piotr Jacek KRÓLAK
On 27/05/2021 the Warsaw-Mokotów District Court dismissed the applicant’s claim for child maintenance against her father.
On 06/04/2022 the Warsaw Regional Court dismissed the applicant’s appeal (case no. VI Ca 763/21). It sat in a single-judge formation, composed of Ms Sylwia Sierpińska, appointed to that court by the President of Poland on 15/02/2021, on recommendation of the NCJ (resolution no. 870/2019 of 01/10/2019).
14.
30413/22
Hodura v. Poland
13/06/2022
Grażyna HODURA
1958
Gliwice
Polish
Maciej JURCZYK
On 22/07/2021 the Opole District Court partly allowed a civil claim for payment against the applicant.
On 14/12/2021 the Opole Regional Court dismissed the applicant’s appeal against that judgment (case no. II Ca 1158/21, served on 18/02/2022). It sat in camera in a single-judge formation, composed of Mr Jan Papka, appointed to that court by the President of Poland on 28/05/2019, on recommendation of the NCJ (resolution no. 357/2019 of 21/03/2019).
15.
35663/22
Ociepa v. Poland
30/06/2022
Sabina OCIEPA
1979
Poznan
Polish
On 28/07/2020 the Poznań Regional Court issued a decree of divorce dissolving the applicant’s marriage.
On 03/08/2021 the Poznań Court of Appeal dismissed the applicant’s appeal against that decree (case no. I ACa 760/20, served on 30/12/2021). It sat in camera in a single-judge formation, composed of Mr Maciej Rozpędowski, appointed to that court by the President of Poland on 04/02/2019, on recommendation of the NCJ (resolution no. 456/2018 of 18/10/2018).
16.
38045/22
SAVIM sp. z o.o v. Poland
28/07/2022
SAVIM SP. Z O.O
Warszawa
Polish
Marcin BADOWSKI
On 28/10/2021 the Warsaw-Mokotów District Court partly allowed an action for payment lodged by the applicant company’s legal predecessor.
On 31/03/2022 the Warsaw Regional Court dismissed the applicant company’s appeal against that judgment (case no. XXVII Ca 165/22). It sat in a single-judge formation, composed of Ms Renata Drozd-Sweklej, appointed to that court by the President of Poland on 15/02/2021, on recommendation of the NCJ (resolution no. 870/2019 of 01/10/2019).
17.
38335/22
Kobosa v. Poland
29/07/2022
Damian Dawid KOBOSA
1987
Łódź
Polish
Przemysław Tomasz NOWAKOWSKI
On 01/04/2021 the Łódź Regional Court dismissed the applicant’s civil action by which he challenged the termination of a lease agreement to which he had been a party.
On 17/12/2021 the Łódź Court of Appeal dismissed the applicant’s appeal against that judgment (case no. I AGa 163/21; according to the applicant, served on 02/02/2022). It sat in a single-judge formation, composed of Ms Monika Michalska-Marciniak, appointed to that court by the President of Poland on 26/01/2021, on recommendation of the NCJ (resolution no. 434/2018 of 11/10/2018).
18.
40834/22
GPM VINDEXUS NSFIZ v. Poland
03/08/2022
GPM VINDEXUS NSFIZ
Warszawa
Polish
On 01/10/2019 the Warsaw Praga-Południe District Court dismissed the applicant fund’s civil action.
On 19/01/2022 the Warsaw-Praga Regional Court dismissed the applicant fund’s appeal against that judgment (case no. IV Ca 174/20, served on 21/02/2022). It sat in a single-judge formation, composed of Ms Iwona Podsiadła, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 782/2019 of 26/07/2019).
19.
42188/22
Winek-Jurczewska v. Poland
23/08/2022
Cecylia Mirosława WINEK-JURCZEWSKA
1961
Warszawa
Polish
On 18/08/2020 the Warsaw Regional Court dismissed the applicant’s action for payment against an insurance company.
On 23/03/2022 the Warsaw Court of Appeal dismissed the applicant’s appeal against that judgment (case no. VII AGa 855/20, served on 27/04/2022). It sat in camera in a single-judge formation, composed of Ms Dagmara Olczak-Dąbrowska, appointed to that court by the President of Poland on 28/01/2021, on recommendation of the NCJ (resolution no. 739/2020 of 11/09/2020). The applicant did not lodge a cassation appeal against that judgment.