Published on 20 June 2022

FIRST SECTION

Application no. 54808/21 Czesław NOWAKOWSKI against Poland and 3 other applications (see list appended) communicated on 1 June 2022

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. On dates specified in the appendix, the Supreme Court either dismissed or refused to entertain their cassation appeals. 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, 3 February 2022 (not final), §§ 294-351 and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, 1 December 2020, §§ 205-290.

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

Notes

1.

54808/21

Nowakowski v. Poland

25/10/2021

Czesław NOWAKOWSKI 1947 Warszawa Polish

Olgierd ÅšWIOSTEK

Civil proceedings for payment instituted by the applicant. On 27/11/2016 the Warsaw Regional Court dismissed the applicant’s claim. On 6/06/2017 the Warsaw Court of Appeal quashed the first-instance judgment and on 13/10/2017 the Supreme Court quashed the second instance judgment. On 19/09/2018 the Warsaw Court of Appeal dismissed the applicant’s appeal.

On 14/04/2021 the Supreme Court dismissed his cassation appeal (case no. I CSKP 28/21, notified on 30/06/2021). It sat in a panel of three judges including J.W and M.Ł. who were appointed to that court by the President of Poland on 10 October 2018 on recommendation of the NCJ (resolution of 28 August 2018, no 331/2018) and M.Ł. appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 31 January 2020, no. 237/2019).

2.

2809/22

Szulc v. Poland

18/12/2021

Piotr SZULC 1947 Warszawa Polish Władysław SZULC 1941 Warszawa Polish

Monika Małgorzata GĄSIOROWSKA

On 08/10/2001 the applicants joined the civil proceedings for compensation against the Warsaw Municipality as their mother’s heirs. On 20/10/2016 the Warsaw Regional Court dismissed their claim. On 22/07/2018 their appeal was dismissed by the Warsaw Court of Appeal.

On 05/07/2021 the Supreme Court refused to entertain the applicants’ cassation appeal (case no. I CSK 645/20, notified on 30/09/2021). It sat in camera in a single-judge formation, composed of judge K.Z., 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).

3.

4763/22

Prolex sp. z o.o. v. Poland

08/01/2022

PROLEX SP. Z O.O. 2002 Wrocław Polish

Michał RZĄDKOWSKI

The applicant company appealed against the Social Security Board’ decision of 25/05/2018 concerning the amounts of social security contributions for its employees. On 13/05/2019 the Wrocław Regional Court dismissed the appeal. On 28/10/2019 the Wrocław Court of Appeal upheld the judgment.

On 26/05/2021 the Supreme Court refused to entertain the applicant company’s cassation appeal (case no. III USK 136/21, notified on 8/07/2021). It sat in camera in a single-judge formation composed of judge L.B. appointed to that court by the President of Poland on 04/05/2020 on recommendation of the NCJ (resolution no. 1056/2019 of 10/12/2019).

4.

7186/22

Rucińska v. Poland

25/01/2022

Barbara RUCIŃSKA 1952 Wrocław Polish

The applicant was a defendant in the civil proceedings concerning inheritance. On 23/02/2018 the Wrocław-Fabryczna District Court granted the claim. On 2/12/2019 the Wrocław Regional Court dismissed the applicant’s appeal.

On 26/04/2021 the Supreme Court, refused to entertain her cassation appeal (case no. V CSK 330/20, notified on 2/08/2021). It sat in camera in a single-judge formation composed of M.Ł. appointed to that court by the President of Poland on 4 May 2021 on recommendation of the NCJ (resolution of 31 January 2020, no. 237/2019).