Published on 6 March 2023

FIRST SECTION

Application no. 10374/22 Joanna PALIŃSKA against Poland and 33 other applications (see list appended) communicated on 15 February 2023

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 ( Sąd Najwyższy ). On dates specified in the appendix, the Supreme Court dismissed, rejected, refused to entertain their cassation appeals, or otherwise ruled against them on the merits. 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, §§ 294-351, 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 / Registration Place of Residence Nationality

Represented by

Notes

1.

10374/22

Palińska v. Poland

14/02/2022

Joanna PALIŃSKA 1965 Bibice Polish

Civil proceedings in which the applicant sought compensation for expropriation. On 25/01/2018 the Poznań Regional Court dismissed her claim. On 11/07/2019 the Poznań Court of Appeal dismissed her appeal.

On 17/03/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. II CSK 293/20, notified on 18/08/2021). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

2.

12043/22

Brzeska-Budzanowska v. Poland

16/02/2022

Maria BRZESKA-BUDZANOWSKA 1963 Kraków Polish

Civil proceedings in which the applicant sought compensation for expropriation. On 25/01/2018 the Poznań Regional Court dismissed her claim. On 11/07/2019 the Poznań Court of Appeal dismissed her appeal.

On 17/03/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. II CSK 293/20, notified on 18/08/2021). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

3.

12687/22

M.D. v. Poland

(anonymity granted)

24/02/2022

M.D. 1974 Będzin Polish

Wojciech Władysław WIERZBICKI

The applicant was a defendant in the proceeding concerning division of her marital property. On 28/08/2017 the Będzin District Court ordered division of the estate. On 21/09/2018 the Katowice Regional Court dismissed the applicant’s appeal.

On 24/06/2021 the Supreme Court dismissed her cassation appeal (case no. V CSKP 77/21, notified on 27/08/2021). It sat in camera in a panel of three judges, including Mr Marcin Krajewski and Ms Joanna Misztal-Konecka who were 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), and Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

4.

12689/22

Nawrot v. Poland

22/02/2022

Ramona NAWROT 1989 Siewierz Polish

Krzysztof NAWROT

Civil proceedings concerning an alleged infringement of the applicant’s personal rights. On 17/05/2019 the Gliwice Regional Court dismissed her claim. On 23/07/2020 the Katowice Court of Appeal dismissed her appeal.

On 26/10/2021 the Supreme Court refused to entertain her cassation appeal (case no. V CSK 10/21, notified on 02/02/2022). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, 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).

5.

12691/22

Nawrot v. Poland

22/02/2022

Ramona NAWROT 1989 Siewierz Polish

Krzysztof NAWROT

Civil proceedings concerning an alleged infringement of the applicant’s personal rights. On 23/01/2019 the Gliwice Regional Court dismissed her claim. On 14/01/2021 the Katowice Court of Appeal dismissed her appeal.

On 22/12/2021 the Supreme Court refused to entertain her cassation appeal (case no. V CSK 319/21, notified on 27/01/2022). It sat in camera in a single-judge formation, composed of Mr Jacek Grela, 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).

6.

12895/22

Przedsiębiorstwo Badań i Ekspertyz Środowiska SEPO Sp. z o. o. v. Poland

10/02/2022

PRZEDSIĘBIORSTWO BADAŃ I EKSPERTYZ ŚRODOWISKA SEPO SP. Z O. O. 2002 Knurów Polish

Rafal DZIJA

Civil proceedings concerning contractual obligations between two companies. On 13/12/2018 the Warsaw Regional Court dismissed the claim. On 29/01/2020 the Warsaw Court of Appeal dismissed the applicant company’s appeal.

On 17/06/2021 the Supreme Court refused to entertain its cassation appeal (case no. I CSK 15/21, notified on 12/08/2021). It sat in camera in a single-judge formation, composed of Ms Joanna Misztal-Konecka, 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).

7.

13000/22

Tarczyński v. Poland

17/02/2022

Wieslaw Stanisław TARCZYŃSKI 1952 Węglew Polish

Roman Jerzy DARABASZ

On 22/12/2016 the applicant brought an action for payment against a certain company. On 13/06/2019 the Konin District Court dismissed the action. On 27/02/2020 the Poznań Regional Court dismissed the applicant’s appeal.

On 16/03/2021 the Supreme Court refused to entertain his cassation appeal (case no. II CSK 524/20, notified on 17/08/2021). It sat in camera in a single-judge formation, composed of Ms Tomasz Szanciło, 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).

8.

13442/22

Apfelbaum v. Poland

03/03/2022

Erika APFELBAUM 1934 The Hague French

Agata BZDYŃ

Civil proceedings concerning acquisition of a property by adverse possession. On 26/07/2016 the Tarnów District Court dismissed the State Treasury’s claim against the applicant. On 2/03/2017 the Tarnów Regional Court remitted the case. On 27/11/2017 the Tarnów District Court granted the State Treasury’s claim. On 31/01/2019 the Tarnów Regional Court dismissed the applicant’s appeal.

On 15/04/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. III CSK 5/21, notified on 07/09/2021). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, 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).

9.

13972/22

Bieniek v. Poland

04/03/2022

Adrian BIENIEK 1986 Warszawa Polish

Wiktor KOTIUK

Civil proceedings concerning pecuniary claim against the applicant. On 28/05/2015 the Warsaw-Praga Regional Court allowed that claim. On 03/07/2018 the Warsaw Court of Appeal dismissed the applicant’s appeal.

On 02/06/2021 the Supreme Court dismissed his cassation appeal (case no. I CSKP 54/21, notified on 15/09/2021). It sat in camera in a panel of three judges, composed of Mr Marcin Łochowski and Mr Jacek Widło, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Tomasz Szanciło, 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).

10.

14417/22

Kolber v. Poland

09/03/2022

Ilona KOLBER 2000 Bielsko-Biała Polish

Marcin WOLSKI

On 30/09/2016 the applicant brought an action for payment against an insurance company. On 21/05/2019 the Bielsko-Biała District Court dismissed the action. On 24/10/2019 the Bielsko-Biała Regional Court dismissed her appeal.

On 26/05/2021 the Supreme Court refused to entertain her cassation appeal (case no. V CSK 277/20, notified on 10/09/2021). It sat in camera in a single-judge formation, composed of Mr Jacek Widło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

11.

15417/22

Cukiernia-Kawiarnia „MONIKA” Turzyński, Kalnik, Oriol sp. j. v. Poland

17/03/2022

CUKIERNIA-KAWIARNIA „MONIKA” TURZYŃSKI, KALNIK, ORIOL SP. J. 2002 Gdynia Polish

Wojciech ARMKNECHT

Civil proceedings concerning the applicant company’s pecuniary claim. On 19/03/2020 the Gdańsk Regional Court dismissed the claim. On 16/11/2020 the Gdańsk Court of Appeal dismissed its appeal.

On 24/06/2021 the Supreme Court refused to entertain the applicant company’s cassation appeal (case no. IV CSK 216/21, notified on 17/11/2021). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

12.

15450/22

Wieczorek v. Poland

16/03/2022

Danuta Zofia WIECZOREK 1933 Chicago Polish

Jaroslaw SZYDŁOWSKI

Civil proceedings for payment instituted by the applicant. On 11/07/2016 the Warsaw Regional Court dismissed the applicant’s action. On 31/10/2018 the Warsaw Court of Appeal amended that judgment and partly granted her claim.

On 17/09/2021 the Supreme Court amended the second-instance judgment and dismissed the applicant’s appeal, rendering the first-instance judgment final (case no. I CSKP 140/21, notified on 29/11/2021). It sat in camera in a panel of three judges, composed of Ms Beata Janiszewska and Mr Marcin Krajewski, who were 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), and Mr Jacek Widło, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

13.

15881/22

Kościołek v. Poland

18/03/2022

Adam KOŚCIOŁEK 1958 Radomsko Polish

Jarosław Józef SMOLAREK

Civil proceedings concerning the applicant’s pecuniary claims. On an unspecified date the Łódź Regional Court dismissed his action. On 30/09/2020 the Łódź Court of Appeal dismissed the appeal.

On 25/05/2021 the Supreme Court refused to entertain his cassation appeal (case no. II CSK 96/21, notified on 11/10/2021). The Supreme Court sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, 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).

14.

16199/22

Klimek v. Poland

19/03/2022

Jerzy KLIMEK 1959 Szczecin Polish

Agnieszka Ewa WARIAN

Civil proceedings for payment instituted by the applicant. On 02/12/2016 the Szczecin Regional Court partly allowed the applicant’s claim. On 28/02/2018 the Szczecin Court of Appeal changed that judgment and increased the sum awarded to the applicant.

On 19/07/2019 the Supreme Court partly remitted the case (case no. II CSK 386/18). It sat in camera in a panel of three judges, including Mr Kamil Zaradkiewicz, 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).

On 20/11/2020 the Szczecin Court of Appeal amended the first-instance judgment and dismissed the applicant’s claim. On 29/06/2021 the Supreme Court refused to entertain his cassation appeal (case no. II CSK 165/21, notified on 20/09/2021).

15.

17426/22

Klag v. Poland

22/03/2022

Mateusz KLAG 1976 Kraków Polish Marzena KLAG 1976 Kraków Polish

Paweł OLEJNICZEK

Civil proceedings concerning property matters instituted by the applicants. On 26/04/2018 the Kraków Regional Court allowed their action. On 09/04/2019 the Kraków Court of Appeal amended that judgment and dismissed their claim.

On 02/06/2021 the Supreme Court dismissed the applicants’ cassation appeal (case no. III CSKP 49/21, notified on 08/10/2021). It sat in a panel of three judges, composed of Mr Marcin Łochowski and Mr Jacek Widło, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Tomasz Szanciło, 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).

16.

19345/22

Chocholak v. Poland

05/04/2022

Jan CHOCHOLAK 1959 Gorzów Wielkopolski Polish Władysława CHOCHOLAK 1961 Gorzów Wielkopolski Polish

Maciej SAWICKI

On 03/11/2017 the applicants brought an action for damages. On 25/10/2019 the Gorzów Wielkopolski District Court dismissed it. On 31/07/2020 the Gorzów Wielkopolski Regional Court dismissed their appeal.

On 25/05/2021 the Supreme Court refused to entertain their cassation appeal (case no. II CSK 51/21, notified on 05/10/2021). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, 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).

17.

20791/22

Rybak v. Poland

19/04/2022

Damian RYBAK 1981 Tipton Polish

Rafał BAŁKOWSKI

Civil proceedings concerning contractual matters instituted by the applicant. On 09/07/2019 the Wrocław Regional Court dismissed his claim. On 24/07/2020 the Wrocław Court of Appeal dismissed his appeal.

On 26/07/2021 the Supreme Court refused to entertain his cassation appeal (case no. V CSK 270/21, notified on 20/10/2021). It sat in camera in a single-judge formation, composed of Ms Małgorzata Manowska, 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).

18.

25293/22

Klasztor Ojców Augustianów w Krakowie v. Poland

11/05/2022

KLASZTOR OJCÓW AUGUSTIANÓW W KRAKOWIE 1342

Kraków Polish

Malgorzata KOŻUCH

Civil proceedings concerning the applicant monastery’s action for transfer of ownership of certain plots of land. On 27/10/2017 the Kraków Regional Court granted their claim. On 28/10/2019 the Kraków Court of Appeal amended that judgment and dismissed the claim.

On 16/09/2021 the Supreme Court refused to entertain its cassation appeal (case no. III CSK 224/20, notified on 30/11/2021). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, 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).

19.

26079/22

Toyota Bank Polska S.A.

13/05/2022

TOYOTA BANK POLSKA S.A. 2001 Warszawa Polish

Tomasz KRAWCZYK

Civil proceedings concerning a pecuniary claim against the applicant company. On 24/04/2019 the Warsaw Regional Court allowed that claim. On 13/11/2020 the Warsaw Court of Appeal dismissed the applicant company’s appeal.

On 28/01/2022 the Supreme Court refused to entertain its cassation appeal (case no. I CSK 108/22). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, 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).

20.

27922/22

Kwaśnicki v. Poland

23/05/2022

Marek KWAÅšNICKI 1953 Koszalin Polish

Civil proceedings for compensation instituted by the applicant. On 30/04/2013 the Szczecin Regional Court partly granted his claim. On 04/02/2015 the Szczecin Court of Appeal amended that judgment and increased the sum awarded to the applicant. On 21/07/2016 the Supreme Court remitted the case.

On 23/12/2020 the Szczecin Court of Appeal amended the first-instance judgment and reduced the sum awarded to the applicant.

On 29/12/2021 the Supreme Court refused to entertain the parties’ cassation appeals (case no. II CSK 293/21, notified on 14/02/2022). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, 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).

21.

28186/22

Milaniuk v. Poland

20/05/2022

Wiesław MILANIUK 1949 Lublin Polish

Jakub MÄ„KOSA

Civil proceedings concerning annulment of a writ of enforcement instituted by the applicant. On 05/06/2019 the Lublin Regional Court dismissed his claim. On 28/06/2021 the Lublin Court of Appeal dismissed his appeal.

On 17/02/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 1666/22). It sat in camera in a single-judge formation, composed of Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

22.

28779/22

Dechnik v. Poland

31/05/2022

Zuzanna DECHNIK 1947 Biłgoraj Polish Stanisław Andrzej DECHNIK 1946 Biłgoraj Polish

Civil proceedings concerning annulment of a contract instituted by the applicants. On 14/02/2018 the Zamość Regional Court dismissed their action. On 22/05/2019 the Lublin Court of Appeal dismissed their appeal.

On 17/11/2021 the Supreme Court dismissed the applicants’ cassation appeal (case no. IV CSKP 77/21, notified on 17/03/2022). It sat in camera in a panel of three judges, including Mr Jacek Grela and Mr Tomasz Szanciło, who were 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), and Mr Marcin Łochowski, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

23.

29741/22

Sznapik v. Poland

06/06/2022

Aleksander Stefan SZNAPIK 1951 Warszawa Polish

Civil proceedings concerning annulment of a notarial deed instituted by the applicant. On 22/01/2019 the Warsaw Regional Court dismissed that claim. On 29/09/2020 the Warsaw Court of Appeal dismissed his appeal.

On 23/02/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 916/22). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

24.

30617/22

Zdanowicz v. Poland

09/06/2022

Aneta ZDANOWICZ 1974 Bialystok Polish

Civil proceedings concerning a pecuniary claim against the applicant. On 11/10/2019 the Białystok Regional Court allowed the claim. On 06/11/2020 the Białystok Court of Appeal dismissed the applicant’s appeal.

On 09/12/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. IV CSK 365/21, notified on 30/12/2021). It sat in camera in a single-judge formation, composed of Mr Jacek Grela, 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).

25.

31652/22

Baraniak v. Poland

15/06/2022

Anna BARANIAK 1973 Ozarów Mazowiecki Polish

Piotr BARANIAK

Civil proceedings in which the applicant sought damages for medical negligence. On 09/01/2020 the Warsaw Regional Court partly allowed her claim. On 17/11/2020 the Warsaw Court of Appeal amended that judgment and reduced the damages awarded.

On 28/01/2022 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. I CSK 734/22, notified on 23/02/2022). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, 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).

26.

33793/22

Hotel Antonio Conference Sp. z o.o. v. Poland

27/06/2022

HOTEL ANTONIO CONFERENCE SP. Z O.O. 2015

Skarbimierz-Osiedle Polish

Tomasz BIERNACKI

Civil proceedings concerning contractile matters initiated against the applicant company. On 18/09/2019 the Opole Regional Court allowed the claim. On 24/02/2020 the Wrocław Court of Appeal dismissed its appeal.

On 09/12/2021 the Supreme Court dismissed its cassation appeal (V CSKP 276/21, notified on 04/02/2022). It sat in camera in a panel of three judges, composed of Mr Marcin Krajewski, Ms Małgorzata Manowska and Ms Joanna Misztal-Konecka, who were 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).

27.

34139/22

Budkiewicz v. Poland

29/06/2022

Kamila BUDKIEWICZ 2009 Warszawa Polish

Przemysław NOWAKOWSKI

Civil proceedings in which the applicant sought damages for medical negligence. On 15/02/2018 the Warsaw Regional Court partly allowed her claim. On 03/12/2019 the Warsaw Court of Appeal upheld that judgment.

On 29/12/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (I CSK 470/21, notified on 16/02/2022). It sat in camera in a single-judge formation, composed of Mr Tomasz Szanciło, 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).

28.

37087/22

Witkowski v. Poland

21/07/2022

Wojciech WITKOWSKI 1982 Łomża Polish

Katarzyna Anna KOWALSKA

Civil proceedings concerning contractual matters initiated by the applicant. On 29/04/2019 the Łomża Regional Court gave a judgment dismissing his claims. On 15/10/2020 the Białystok Court of Appeal dismissed his appeal.

On 08/10/2021 the Supreme Court refused to entertain his cassation appeal (case no. IV CSK 123/21, notified on 24/01/2022). It sat in camera in a single-judge formation, composed of Mr Marcin Krajewski, 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).

29.

39542/22

Matuszewska-Nałudka v. Poland

25/07/2022

Daniela MATUSZEWSKA-NAŁUDKA 1955 Czerniewice Polish

Jacek KRĘŻELEWSKI

Civil proceedings concerning division of co-ownership initiated by the applicant. On 21/11/2019 the Toruń District Court issued a division order. On 25/05/2020 the Toruń Regional Court amended that order.

On 26/10/2021 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. IV CSK 50/21, notified on 02/02/2022). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, 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).

30.

39684/22

Ligenza v. Poland

04/08/2022

Tomasz LIGENZA 1962 Piła Polish

Civil proceedings for compensation instituted by the applicant. On 18/12/2018 the Poznań Regional Court dismissed his claims. On 16/06/2020 the Poznań Court of Appeal dismissed his appeal.

On 31/03/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 463/22, notified on 17/06/2022). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

31.

40026/22

Sosna v. Poland

05/08/2022

Amelia SOSNA 2009 Strumień Polish

Krzysztof SOSNA

On 22/02/2016 the applicant brought an action against an insurance company. On 27/02/2018 the Bielsko-Biała Regional Court partly allowed her claims. On 05/02/2019 the Katowice Court of Appeal amended that judgment and reduced the court fees and legal costs to be borne by the applicant.

On 14/10/2021 the Supreme Court dismissed the applicant’s cassation appeal (V CSKP 95/21, notified on 06/04/2022). It sat in camera in a panel of three judges, including Mr Marcin Krajewski and Mr Kamil Zaradkiewicz, who were 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), and Mr Mariusz Łodko, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 237/2020 of 31/01/2020).

32.

41352/22

Stępień v. Poland

19/08/2022

Andrzej STĘPIEŃ 1967 Piotrków Trybunalski Polish

Sylwia GREGORCZYK-ABRAM

Civil proceedings concerning the applicant’s claims for damages. On 21/03/2016 the Warsaw Regional Court dismissed those claims. On 14/05/2019 the Warsaw Court of Appeal dismissed his appeal. The applicant lodged a cassation appeal against that judgment with the Supreme Court.

On 19/07/2021 the applicant applied for the recusal of Mr Kamil Zaradkiewicz, who had been initially assigned to the case, because of alleged irregularities relating to his appointment.

On 26/01/2022 the Supreme Court refused to entertain the applicant’s cassation appeal (case no. I CSK 1/22, notified on 22/04/2022). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).

33.

42390/22

Spółdzielnia Inwalidów „INPOL” v. Poland

22/08/2022

SPÓŁDZIELNIA INWALIDÓW „INPOL” 2002 Poznań Polish

Anna PREISS

Civil proceedings in which the applicant cooperative sought a declaration that it had acquired several plots of land by adverse possession. On 23/03/2017 the Poznań-Grunwald and Jeżyce District Court granted its claim. On 14/02/2018 the Poznań Regional Court amended that judgment and dismissed the claim. On 13/09/2019 the Supreme Court remitted the case.

On 10/11/2020 the Poznań Regional Court again amended the first-instance judgment and dismissed the applicant cooperative’s claim.

On 28/01/2022 the Supreme Court refused to entertain its cassation appeal (case no. I CSK 163/22, notified on 22/04/2022). It sat in camera in a single-judge formation, composed of Mr Kamil Zaradkiewicz, 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).

34.

48825/22

Lewiński v. Poland

11/10/2022

Daniel LEWIŃSKI 1979 Warszawa Polish

Monika Małgorzata GĄSIOROWSKA

Civil proceedings in which the applicant claimed damages for medical negligence. On 17/12/2020 the Warsaw Regional Court dismissed his claims. On 08/07/2021 the Warsaw Court of Appeal amended that judgment and partly allowed the applicant’s claims.

On 26/05/2022 the Supreme Court refused to entertain his cassation appeal (case no. I CSK 1797/22, notified on 25/07/2022). It sat in camera in a single-judge formation, composed of Ms Ewa Stefańska, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).