PROCEDURE

The case originated in an application (no. 71625/01) 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 a Polish national, Mrs Maria Lizut-Skwarek (“the applicant”), on 7 March 2000.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 5 June 2003 the President of the Fourth Section decided to communicate the complaint concerning the length of the proceedings to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

The applicant was born in 1948 and lives in Lublin, Poland.

On 4 January 1994 Ms A.O-K. and Ms G.T. (“the plaintiffs”) instituted civil proceedings against the applicant before the Lublin District Court (Sąd Rejonowy) in which they sought a ruling on how the property co-owned by the applicant should be used by all co-owners.

On 20 May 1994 the court held the first hearing.

In November 1994 the plaintiffs modified their application and requested that co-ownership of the plot of the land and a building be dissolved (zniesienie współwłasności).

Subsequently, hearings were held on 9 December 1994, 13 and 27 January 1995.

In August 1994, the applicant lodged with the Lublin District Court a civil action for payment against Ms A.O-K. and Ms G.T. She sought reimbursement of maintenance costs in respect of the property and payment of rent for their office. On 28 November 1994 the Lublin District Court decided to join the case with the proceedings concerning the dissolution of co-ownership.

Between 28 January and 16 October 1995 no hearings were held.

At the next hearing held on 17 October 1995 the court decided to hold a view of the property.

On 8 November 1995 the judge with an expert viewed the house.

In December 1995 the parties challenged the judge. On 31 January 1996 the Lublin District Court dismissed the application. On 21 March 1996 the Lublin Regional Court dismissed their appeal.

On 26 April 1996 the applicant applied to the court for an interim ruling on her claim for payment lodged in August 1994.

In 1996 the Lublin District Court held three hearings and ordered expert opinions.

Subsequently, the court held hearings on 28 January and 25 February 1997. The court heard an expert witness and requested the third expert opinion.

Between February 1997 and February 1998 the court, sitting in camera, gave several decisions concerning expert opinions. No hearings were held.

On 19 February, 10 April, 14 May, 4 and 26 June 1998 the court held hearings at which it heard several expert witnesses.

No hearings were held between 27 June 1998 and 10 February 1999.

At the hearings held on 11 February and 25 March 1999 the court heard two expert witnesses and ordered that the sixth expert opinion be obtained.

Between 29 September 1999 and 7 January 2000 the court held four hearings at which it heard expert witnesses.

At the hearing held on 20 January 2000 the Lublin District Court gave a preliminary decision (postanowienie wstępne) and allowed Ms A.O-K. and Ms G.T. to carry out some construction work in the house.

The applicant and other co-owners appealed against this decision.

The Lublin Regional Court (Sąd Okręgowy) held several hearings and on 27 March 2001 it quashed the preliminary decision of the Lublin District Court.

In 2000 the applicant complained to the Minister of Justice about the length of the proceedings.

On 31 August and 10 December 2001 the trial court held hearings.

In 2002 the Lublin District Court held seven hearings and on 10 October 2002 it gave decision and dissolved the co‑ownership of the building.

Both parties lodged appeals against this decision.

On 6 March 2003 the Lublin Regional Court held a hearing.

At the subsequent hearing held on 9 April 2003 the parties concluded a friendly settlement. Subsequently, the Lublin Regional Court discontinued the proceedings.