CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 septembre 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s85016119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:11pt } 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.