PROCEDURE

The case originated in an application (no. 64212/01) 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”) on 4 June 1999 by a Polish national, Mr. M. Wojtunik (“the applicant”).

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

On 28 October 2005 the Court decided to give notice of the application to the Government. 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

A. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1948 and lives in Świnoujście.

On 1 December 1992 the applicant brought an action against his former employer before the Szczecin Regional Court for payment of 88,674 zlotys in compensation for refraining from undertaking any professional activity in competition to that of his former employer. His contract of employment provided for such compensation for a period of six months after the termination of his contract of employment (“the competition clause”).

Hearings were held on 3 March 1993, 27 August 1993 and 26 October 1993. On 26 October 1993 the Szczecin Regional Court dismissed the applicant’s action. The applicant appealed to the Poznań Court of Appeal.

On 24 March 1994 an appeal hearing was held.

On 5 May 1994 the Poznań Court of Appeal quashed the judgment and remitted the case.

On 20 December 1994 a hearing was held during which the court examined witnesses.

On 7 February 1995, 4 April 1995 and 16 May 1995 further hearings were held. On 16 May 1995 the court decided to have witnesses examined by other courts for reasons of economy of proceedings. It sent its request to these courts on 27 July 1995. On 12 October 1995 and 10 December 1995 the requested courts examined witnesses.

On 6 February 1996, 18 March 1996 and 19 November 1996 further hearings were held.

On 29 January 1997 the Szczecin Regional Court gave a judgment in which it allowed the applicant’s claim in part – it awarded him 44,621 zlotys. Both parties appealed.

On 31 July 1997 the Poznań Court of Appeal dismissed the applicant’s action in its entirety. The applicant lodged a cassation appeal.

On 24 February 1998 the Supreme Court of Appeal quashed the judgment and remitted the case.

On 22 October 1998 a hearing was held before the Poznań Court of Appeal during which the parties agreed to enter into negotiations.

On 28 January 1999 a judicial settlement was concluded and the proceedings were discontinued. According to the settlement, the applicant obtained 61,000 zlotys.

B. RELEVANT DOMESTIC LAW AND PRACTICE 0

On 17 September 2004 the Law of 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”) entered into force. It lays down various legal means designed to counteract and/or redress the undue length of judicial proceedings. A party to pending proceedings may ask for the acceleration of those proceedings and/or just satisfaction for their unreasonable length under section 2 read in conjunction with section 5(1) of the 2004 Act.

On 18 January 2005 the Supreme Court (Sąd Najwyższy) adopted a resolution (no. III SPP 113/04) in which it ruled that while the 2004 Law produced legal effects as from the date of entry into force (17 September 2004), its provisions applied retroactively to all proceedings in which delays had occurred before that date but only when they had not yet been remedied.