PROCEDURE

The case originated in an application (no. 5943/07) 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, Ms Wanda Lidia Gordon-Krajcer (“the applicant”), on 3 January 2007.

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

On 4 July 2008 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1949 and lives in Warszawa.

A. Main proceedings

On 9 June 1993 the applicant lodged with the Warszawa District Court (Sąd Rejonowy) an application for division of matrimonial property. She paid the relevant court fees on 9 November 1993.

Between 9 June 1993 and 21 February 2003, the District Court scheduled 28 hearings, 6 of which were adjourned due to the failure of the applicant’s husband to appear; only two hearings were scheduled in 1996, no hearing was scheduled between 8 December 1997 and 15 June 1999 and two hearings were scheduled in 2000.

On 5 March 2003 the Warszawa District Court delivered a partial decision (postanowienie częściowe) on the parties’ respective shares in the matrimonial property.

Between 4 August 2004 and 16 April 2008, the District Court scheduled 13 hearings, 3 of which were adjourned. No hearing was held in 2006.

On 23 June 2008 the Warszawa District Court gave a decision. The applicant appealed. The proceedings are pending before the second-instance court.

B. Proceedings under the 2004 Act

On 1 June 2006 the applicant lodged with the Warszawa Regional Court (Sąd Okręgowy) a complaint under section 5 of the Law on 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”) which entered into force on 17 September 2004.

She sought a ruling declaring that the length of the proceedings before the Warszawa District Court had been excessive and an award of just satisfaction in the amount of 10,000 Polish zlotys (PLN) (approx. 2,500 euros (EUR)).

On 4 August 2006 the Warszawa Regional Court gave a decision. The court held that the 2004 Act did not have retroactive effect and, consequently, examined the applicant’s claim only in respect of the period between the entry into force of the 2004 Act on 17 September 2004 and the date on which the complaint had been lodged. The court found that, during that part of the proceedings, there had been some periods of inactivity for which the District Court had been responsible. The court awarded the applicant PLN 2,000 (approx. EUR 526 euros) in just satisfaction.