Favourable judgment from the District court in Łódź for a client of Jabłoński Koźmiński & Partners
We are pleased to announce a favourable judgment from the District Court in Łódź, 8th Labour and Social Insurance Division, for a client of Jabłoński Koźmiński & Partners in a case concerning the unlawful suspension from official duties and the reduction of a judge’s salary. The Court of Appeal fully upheld the appeal and reversed the first-instance decision in favour of our client.
The District Court, referring, among others, to the case law of the Court of Justice of the European Union and the European Court of Human Rights, stated in the reasoning of the judgment that:
- the resolution of the Disciplinary Chamber of the Supreme Court suspending the judge from official duties and reducing their salary was issued by a body that does not constitute an independent and impartial court;
- it appears justified to consider the resolution of the Disciplinary Chamber of the Supreme Court as a non-existent judgment;
- it cannot be accepted that the Disciplinary Chamber of the Supreme Court conducted any disciplinary proceedings, as it was not a court within the meaning of the Polish Constitution and European law;
- all grounds of appeal concerning both procedural and substantive law violations were found to be valid.
Advocate Dr Michał Jabłoński, Managing Partner, and trainee advocate Seweryn Sasin, Associate – the lawyers of Jabłoński Koźmiński & Partners – handled the case for Judge Piotr Gąciarek.
Congratulations to the entire team!