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3.10.2024
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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.
Date of introduction

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