Published on 19 April 2022

FIRST SECTION

Application no. 41097/20 Wiesław DUDEK against Poland and 11 other applications (see list appended) communicated on 31 March 2022

SUBJECT MATTER OF THE CASE

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 panel of the Civil Chamber of the Supreme Court was composed of judges appointed to that court by the President of Poland on 10 October 2018, pursuant to the recommendation (resolution no. 330/2018 of 28 August 2018) 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 Civil Chamber of the Supreme Court, 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 panel 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

Date of Supreme Court’s ruling and case no.

(date of notification)

Subject and summary of domestic proceedings

1.

41097/20

Dudek v. Poland

01/09/2020

Wiesław DUDEK 1971 Brzoza Polish

Dorota KALINOWSKA

5/11/2019

IV CSK 399/19

(09/03/2020)

Civil proceedings in which the applicant sought compensation for an unlawful administrative decision. On 29/08/2016 the Bydgoszcz Regional Court ( Sąd Okręgowy ) partially granted the applicant’s claim. On 28/01/2019 the Gdańsk Court of Appeal ( Sąd Apelacyjny ) dismissed both parties’ appeals.

The Supreme Court refused to entertain the applicant’s cassation appeal. It sat in camera in a single judge formation, composed of judge M.M., 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).

2.

53778/20

Szczepaniak v. Poland

17/11/2020

Krzysztof Piotr SZCZEPANIAK 1984 Gdynia Polish

Roman NOWOSIELSKI

23/01/2020

IV CSK 626/19

(18/05/2020)

Civil proceedings concerning the applicant’s request for determination of acquisition of a property through adverse possession ( zasiedzenie ). On 16/10/2018 the Gdynia District Court ( Sąd Rejonowy ) granted his request. On 12/03/2019 the Gdańsk Regional Court amended that judgment and dismissed the request.

The Supreme Court refused to entertain the applicant’s cassation appeal. It sat in camera in a single judge formation, composed of judge J.G., 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.

1412/21

Modzelewska v. Poland

04/12/2020

Maria MODZELEWSKA 1975 Zamość Polish

03/10/2019

I CSK 296/18

(09/03/2020

Covid extension)

Civil proceedings concerning the applicant’s claim for compensation against an insurance company for injuries suffered in a car accident. On 2/10/2015 the Warsaw Regional Court partially granted the applicant’s claim. On 9/06/2017 the Warsaw Court of Appeal partially amended the first-instance judgment and lowered the sums awarded to the applicant.

The Supreme Court dismissed her cassation appeal. It sat in camera in a formation of three judges (T.S., J. M.-S. and K.Z.), all of whom were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

4.

8916/21

Bojańczyk v. Poland

28/01/2021

Klaudyna BOJAŃCZYK 1981 Zalesie Górne Polish

Robert KAMIONOWSKI

31/07/2020

I CSK 463/19

(17/09/2020)

Civil proceedings concerning the applicant’s claim for payment against a commune ( gmina ). On 20/09/2016 the Warsaw Regional Court partially granted the applicant’s claim. On 9/05/2018 the Warsaw Court of Appeal partially amended that judgment by dismissing part of the applicant’s claim and lowering the sum awarded.

The Supreme Court refused to entertain his cassation appeal. 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.

5.

26638/21

Ejsmont v. Poland

12/05/2021

Janusz Michal EJSMONT 1977 Łódź Polish

Piotr PADUSZYŃSKI

12/11/2020

III CSK 32/18

The applicant was a defendant in civil proceedings concerning the correction of entry in the land register ( o uzgodnienie treści księgi wieczystej z rzeczywistym stanem prawnym ). On 20/10/2016 the Ostrowiec Świętokrzyski District Court granted the claim. On 30/06/2017 the Kielce Regional Court partially amended that judgment in the applicant’s favour and dismissed the remainder of his appeal.

The Supreme Court dismissed the applicant’s cassation appeal. It sat in camera in a formation of three judges (J.G., B.J. and K.Z.), all of whom were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

6.

31053/21

Prokopcow and Maciejko v. Poland

10/06/2021

Alicja PROKOPCOW 1932 Warszawa Polish

Tomasz MACIEJKO 1949 Warsaw Polish

Justyna METELSKA

07/10/2020

I CSK 829/19

(14/12/2020)

Civil proceedings concerning the applicants’ claim for payment against the State Treasury and the City of Warsaw. On 13/06/2017 the Warsaw Regional Court partially granted the applicant’s claim. On 31/01/2019 the Warsaw Court of Appeal amended that judgment and dismissed the applicants’ claim.

The Supreme Court refused to entertain their cassation appeal. It sat in camera in a single judge formation, composed of judge B.J., appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

7.

42668/21

I.G. v. Poland

16/08/2021

I.G. 1979 Warszawa Polish

17/02/2021

I CSK 669/20

Civil proceedings concerning the applicant’s claim for protection of personal rights and compensation, lodged against her neighbours. On 09/01/2020 the Warsaw Regional Court dismissed the applicant’s claim. On 18/06/2020 the Warsaw Court of Appeal dismissed her appeal.

The Supreme Court refused to entertain her cassation appeal (case no. I CSK 669/20). It sat in camera in a single judge formation, composed of judge J.G., appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

8.

50702/21

Piotrowicz v. Poland

28/09/2021

Dariusz PIOTROWICZ 1966 Katowice Polish Bożena PIOTROWICZ 1966 Katowice Polish

Gerard KRAJEWSKI

15/04/2021

I CSKP 86/21

Civil proceedings concerning the applicants’ claim for compensation for the alleged infringement of their transmission easement ( służebność przesyłu ). On 19/04/2017 the Warsaw Regional Court dismissed their claim. On 14/12/2018 the Warsaw Court of Appeal dismissed their appeal.

The Supreme Court dismissed their cassation appeal. It sat in camera in a formation of three judges (J.G., B.J. and J. M.-K.), all appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

9.

50708/21

Poremba v. Poland

08/10/2021

Marek POREMBA Nowy SÄ…cz Polish

Michał KULA

14/04/2021

III CSKP 74/21

(11/08/2021)

Civil proceedings concerning the applicant’s claim for correction of an entry in a land register. On 08/02/2018 the Nowy Sącz District Court granted his claim. On 31/10/2018 the Nowy Sącz Regional Court changed that judgment and dismissed the applicant’s claim.

The Supreme Court dismissed his cassation appeal. It sat in camera in a formation of three judges (J.G., J.M.-K. and K.Z.), all appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

10.

60827/21

Cholewiccy v. Poland

30/11/2021

09/12/2021

Janusz CHOLEWICKI 1954 Łomża Polish

Bogumila CHOLEWICKA 1957 Warszawa Polish

Grzegorz HETMAŃSKI

30/11/2020

I CSK 123/20

(16/06/2021)

Civil proceedings concerning the applicants’ claim for compensation lodged against the State Treasury. On 01/02/2019 the Warsaw-Śródmieście District Court dismissed their claim. On 25/09/2019 the Warsaw Regional Court dismissed their appeal.

The Supreme Court refused to entertain their cassation appeal. 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.

11.

1210/22

Arydium Sp. z o.o. v. Poland

23/12/2021

ARYDIUM SP. Z O.O. Gdansk Polish

19/04/2021

I CSK 40/21

(28/06/2021)

Civil proceedings instituted by the applicant company in which it sought to establish financial liability of a former member of its Board. On 24/07/2017 the Warsaw Regional Court dismissed the claim. On 08/11/2019 the Warsaw Court of Appeal dismissed the applicant’s appeal.

The Supreme Court refused to entertain its cassation appeal. It sat in camera in a single judge formation, composed of judge M.M., appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.

12.

1510/22

Michalak v. Poland

13/12/2021

Łukasz Piotr MICHALAK 1979 Poznań Polish

Mariusz WEISS

30/12/2020

II CSK 268/20

(28/07/2021)

The applicant was a defendant in civil proceedings concerning a claim for payment. On 16/05/2018 the Poznań Regional Court dismissed the claim. On 09/12/2019 the Poznań Court of Appeal changed that judgment and granted the claim in full.

The Supreme Court refused to entertain the applicant’s cassation appeal. It sat in camera in a single judge formation, composed of judge J. M.-K., appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ.