Published on 25 July 2022

FIRST SECTION

Application no. 41335/21 D.C. against Poland lodged on 9 August 2021 communicated on 7 July 2022

SUBJECT MATTER OF THE CASE

1. On 23 January 2018 the applicant instituted civil proceeding for compensation against the Lublin Hospital. On 18 December 2018 the Lublin District Court dismissed the claim. The applicant appealed. On 10 March 2021 the Lublin Regional Court dismissed her appeal and upheld the judgment. It sat in a formation of three judges including judge K.M. appointed to that court by the President of Poland on 3 April 2019, pursuant to the recommendation of the National Council of the Judiciary ( Krajowa Rada Sądownictwa , “the NCJ”) of 05 December 2018 (resolution no. 612/2018) 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”) and judge A.G. appointed to that court by the President of Poland on 10 July 2019 on recommendation of the NCJ of 21 March 2019 (resolution no. 352/2019).

2. On 1 February 2021 the applicant lodged a complaint under the Law of 17 June 2004 on complaint about breach of the right to have a case examined in an investigation conducted or supervised by a prosecutor and in judicial proceedings without undue delay ( ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu przygotowawczym prowadzonym lub nadzorowanym przez prokuratora i postępowaniu sądowym bez nieuzasadnionej zwłoki – “the 2004 Act”). On 26 May 2021 the Lublin Court of Appeal granted the complaint and awarded the applicant 2,000 Polish zlotys in compensation. It sat in a formation of three judges including A. J-K. appointed to that court by the President of Poland on 16 October 2019, pursuant to the recommendation of the NCJ (resolution of 18 October 2018, no. 454/2018) and P.C. appointed to that court by the President of Poland on 16 October 2019 on recommendation of the NCJ (resolution of 25 June 2019, no 584/2019).

The applicant complains that her case was examined on two occasions by a judicial formation of the Lublin Court of Appeal including newly appointed judges which gave rise to a violation of her right to an “independent and impartial tribunal established by law”, in breach of Article 6 § 1 of the Convention.

QUESTIONS TO THE PARTIES

1. Was the court which dealt with the applicant’s civil case an “independent and impartial tribunal established by law” as required by Article 6 § 1 of the Convention?

2. Was Article 6 § 1 of the Convention under its civil head applicable to the proceedings instituted by the applicant under the 2004 Act?

3. If so, was the Lublin Court of Appeal which dealt with the applicant’s complaint under the 2004 Act 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 applicant’s case was examined on two occasions by a formation of the Lublin Court of Appeal 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.