PROCEDURE

The case originated in an application (no. 35785/07) 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, Mr Bogusław Tekiela (“the applicant”), on 23 July 2007.

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

On 3 April 2008 the President of the Fourth Section gave 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 1962 and lives in Ostrów Wielkopolski.

A. Civil proceedings for damages

On 3 February 2003 the applicant instituted civil proceedings for damages against W.U. before the Kielce Regional Court. On 4 February 2003 the case was transferred to the Kraków Regional Court. Hearings before that court were held on 8 May, 3 July, 14 and 23 October 2003. On the last date the court assigned an expert to prepare a report which was submitted to the court on 31 December 2003. Further hearings were scheduled for 20 April and 25 May 2004.

By a judgment of 8 June 2004 the applicant’s claim was dismissed. On 1 December 2004 the appellate court quashed the first-instance judgment and the case was remitted.

A hearing was held on 11 March 2005. On 2 May 2005 the Regional Court admitted evidence based on an expert opinion. The expert’s report was submitted to the court on 19 July 2005. As the parties objected, the court decided that a new expert should be found. However, it could not find one competent to examine the issues involved in the case.

On 29 September 2005 the applicant complained that the proceedings were too lengthy. In October 2005 the court took steps to find an expert, to no avail.

Ultimately the court decided that two experts should give their opinion as it was impossible to find one competent to deal with all aspects of the case. One expert was found and the task of preparing a partial opinion was assigned to him. On 27 January 2006 the case file was sent to him. Another expert was asked to prepare an opinion to complete the first one after he had received the case file with the first report. The full report was submitted to the court on 4 September 2006.

On 2 and 3 October 2006 the parties filed their objections concerning the report. On 19 February and 27 March 2007 hearings were held. On the latter date the applicant modified and extended his claim. The next hearing was scheduled for 8 April 2007. On 23 May 2007 the court gave a judgment and allowed the applicant’s claim in part.

The parties appealed. On 21 November 2007 the Kraków Court of Appeal dismissed both appeals. In February 2008 both parties lodged cassation appeals with the Supreme Court. The case is currently pending before that court.

B. Proceedings under the 2004 Act

On an unspecified date the applicant filed, under the Law of 17 June 2004 (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”), a complaint about the breach of the right to a fair trial within a reasonable time. He also claimed compensation for the excessive length of the proceedings.

On 29 January 2007 the Kraków Court of Appeal found that from October 2005 until January 2006 the Regional Court had failed to conduct the proceedings expeditiously. It dismissed the applicant’s request to be awarded compensation and ordered the Regional Court to give a judgment on the merits of the case before July 2007.

On 2 April 2007 the court rejected the applicant’s appeal against this decision, finding that no appeal was available in law against it.