Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 54461/21
Agnieszka LUDWISIAK against Poland
and 10 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 3 October 2024 as a Committee composed of:
Lətif Hüseynov, President,
Krzysztof Wojtyczek,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the decision to grant the applicant in application no. 12687/22 anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants and their representatives is set out in the appendix.
The applicants’ complaints under Article 6 § 1 of the Convention about a violation of their right to a hearing by an “independent and impartial tribunal established by law,” since their civil or criminal cases had been decided by panels of the Supreme Court composed of judges appointed in the procedure involving the National Council of the Judiciary, were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits.
The observations were forwarded to the applicants, who were invited to submit their own observations (see the appended table for the relevant dates).
No reply was received to the Registry’s letters.
On various dates indicated in the table the applicants were notified that the period allowed for submission of the observations had expired and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants’ lawyers received these letters by registered post, or via the Court’s Electronic Communication System (eComms), on various dates indicated in the table. However, no response has followed.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 24 October 2024.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(violation of the right to a hearing by an “independent and impartial tribunal established by law”)
No. | Application no. | Applicant’s name Year of birth | Representative’s name and location | Date of sending Government’s observations to the applicant | Time-limit for submission of response by the applicant | Date of the Court’s registered or eComms letter |
54461/21 26/10/2021 | Agnieszka LUDWISIAK 1975 | Aleksandra Witeszczak Bytom | 30/09/2022 | 14/11/2022 | 14/09/2023 11/01/2023 | |
12687/22 24/02/2022 | M. D. 1974 | Wierzbicki Wojciech Katowice | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
13000/22 17/02/2022 | Wieslaw Stanisław TARCZYŃSKI 1952 | Darabasz Roman Jerzy Konin | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
13441/22 02/03/2022 | Iwo UCHAŃSKI 1987 | Burda Maciej Kraków | 04/08/2023 | 25/09/2023 | 23/05/2024 | |
14417/22 09/03/2022 | Ilona KOLBER 2000 | Wolski Marcin Wrocław | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
15881/22 18/03/2022 | Adam KOŚCIOŁEK 1958 | Smolarek Jarosław Józef Częstochowa | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
25249/22 10/05/2022 | Robert HRYSZKIEWICZ 1979 | 04/08/2023 | 25/09/2023 | 23/05/2024 | ||
29741/22 06/06/2022 | Aleksander Stefan SZNAPIK 1951 | Rutkowski Jerzy Warsaw | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
33793/22 27/06/2022 | HOTEL ANTONIO CONFERENCE SP. Z O.O. | Danielak Wiktor Warsaw | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
34139/22 29/06/2022 | Kamila BUDKIEWICZ 2009 | Nowakowski Przemysław Łódź | 20/06/2023 | 02/08/2023 | 15/09/2023 | |
37798/22 21/07/2022 | Bartłomiej Tomasz DĄBROWSKI 1978 | Burda Maciej Kraków | 04/08/2023 | 25/09/2023 | 23/05/2024 |