FIRST SECTION
DECISION
Application no. 18632/22
Tomasz Aleksander ZAWIŚLAK
against Poland
The European Court of Human Rights (First Section), sitting on 19 June 2025 as a Committee composed of:
Frédéric Krenc, President,
Davor Derenčinović,
Alain Chablais, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 13 April 2022,
Having regard to the decision to indicate an interim measure to the respondent Government under Rule 39 of the Rules of Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tomasz Aleksander Zawiślak, was born in 1974. He was represented by Mr M. Gajdus, a lawyer practising in Warsaw.
The applicant complained under Article 6 § 1 of the Convention about a violation of his right to a hearing by an “independent and impartial tribunal established by law”, since his case had been pending before a formation of the Supreme Court (the Disciplinary Chamber) 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. Based on the same facts, the applicant also made complaints under other provisions of the Convention.
The complaints were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who submitted his own observations.
On 6 January 2025 the applicant was requested to provide the Court with an update on the most recent developments in the domestic proceedings by 21 January 2025. He did not reply.
By letter dated 24 January 2025 the applicant was notified that the period allowed for submission of the requested information had expired and that no extension had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter was sent to the applicant’s lawyer via the Court’s Electronic Communication System (eComms) which he had used in the past. However, no response has been received.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck out of the list.
The interim measure previously indicated therefore ceases to have any basis.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 10 July 2025.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President