The court, in rendering its decision, was guided by the fact that the High Qualification Commission of Judges (HQCJ) considered the issue of including the judge’s application in the agenda of the plenary session, but the commission members voted against its inclusion. The court noted that to recognize inaction as unlawful, the mere fact of non-consideration of the application is insufficient – specific reasons and circumstances are important. In this case, the HQCJ took active steps to consider the issue of including the application in the agenda, therefore its behavior cannot be considered inaction.
