20
GORZELIK AND OTHERS v. POLAND JUDGMENT
(3) The regional court within whose territorial jurisdiction an association has its
headquarters (hereafter referred to as 'the court') shall be competent to take the
measures that are prescribed by this Law in respect of an association [for example,
those listed in sections 25, 26, 28 and 29].
(4) In proceedings before it, the registering court or the court shall apply the
provisions of the Code of Civil Procedure relating to non-contentious proceedings,
unless otherwise provided by this Law.
(5) The activities of associations shall be supervised by [the governor of the
relevant province] (referred to hereafter as 'the supervisory authority').”
Section 10, in its relevant part, provides:
“(1) An association's memorandum shall in particular specify:
(i) the name of the association which shall differentiate it from other associations,
organisations or institutions;
...
(iv) the conditions for the admission of members, the procedure and grounds for the
loss of membership, and the rights and obligations of members.
...
(2) An association that intends to set up regional branches shall specify in its
memorandum of association the structure of the organisation and the principles on
which such branches shall be formed.”
Section 12 reads as follows:
“The management committee of an association shall lodge with the relevant court an
application for the registration of their association, together with a memorandum of
association, a list of the founders containing their first names, surnames, dates and
places of birth, their places of residence and signatures, a record of the election of the
management committee and the address of their provisional headquarters.”
Section 13 stipulates:
“(1) A court dealing with an application for registration of an association shall rule
on such an application promptly; a ruling should be given within three months from
the date on which the application was lodged with the court.
(2) The court shall serve a copy of the application for the registration, together with
the accompanying documents specified in section 12 on [the relevant] supervisory
authority. The supervisory authority shall have the right to comment on the application
within fourteen days from the date of service and, with the court's leave, to join the
proceedings as a party.”
Section 14 reads:
“The court shall refuse to register an association if it does not fulfil the conditions
laid down in [this] Law.”
Section 16 provides:
“The court shall allow an application for registration of an association if it is
satisfied that the latter's memorandum of association is in conformity with the law and
its members comply with the requirements laid down in [this] Law.”