PROCEDURE

The case originated in an application (no. 64204/01) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Polish nationals, Mr Włodzimierz Majewski (“the first applicant”), Mr Włodzimierz Strzelczyk (“the second applicant”) and Mr Kazimierz Gniłka (“the third applicant”), on 15 September 2000

The Polish Government (“the Government”) were represented by their Agents, Mr K. Drzewicki and subsequently, Mr J. Wołąsiewicz of the Ministry for Foreign Affairs.

On 16 June 2003 the Court decided to communicate the application. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The first and the third applicants were born in 1946 and 1959 respectively, they both live in Bełchatów. The second applicant was born in 1952 and lives in Szczerców.

On 17 March 1989 the applicants filed with the Piotrków Trybunalski Regional Court (Sąd Wojewódzki) an action for payment against the Bełchatow Coal Mine in Rogowiec. On 17 November 1989 the Piotrków Trybunalski Regional Court gave judgment. Both parties to the proceedings appealed.

On 7 March 1991 the Supreme Court (Sąd Najwyższy) quashed the contested judgment and remitted the case.

On 7 June 1993 an expert submitted his opinion to the court. The court held hearings on the following dates: 16 September 1993, 28 June 1994 and 28 July 1994.

On 11 August 1994 the Piotrków Trybunalski Regional Court gave judgment. Both parties to the proceedings appealed.

On 24 March 1995 the Łódź Court of Appeal quashed the contested judgment and referred the case to the lower instance for reconsideration.

On 22 February, 26 September, 5 November, 10 December 1996 and 3 June 1997 the Regional Court held hearings.

On 11 June 1997 the Piotrków Trybunalski Regional Court gave judgment. The applicants appealed.

On 17 December 1997 the Łódź Court of Appeal (Sąd Apelacyjny) amended the contested judgment and ordered the company B to pay a higher amount of compensation to the applicants. On 11 February 1999 the applicants lodged a cassation appeal against this judgment with the Supreme Court.

On 2 September 1999 the Supreme Court dismissed the applicants’ cassation appeal as unsubstantiated. On 16 March 2000 the Supreme Court, at the defendant’s lawyer’s request, amended the judgment of 2 September 1999 and ordered the applicants to pay the cassation fees. The decision was served on the applicants on 20 March 2000.