PROCEDURE

The case originated in an application (no. 57467/00) 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 Henryk Lipowicz (“the applicant”), on 10 May 1999.

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

The applicant alleged, in particular, that the length of civil proceedings in his case had been excessive.

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 6 May 2003 the Court declared the application admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1948 and lives in Budapest, Hungary.

The applicant used to work in the Budapest office of the company “Ars Antiqua Restauro” (“A.A.R.”) registered in Poland. On 17 May 1995 he was dismissed from his job. On 27 May 1995 he lodged a claim for reinstatement with the Warsaw District Court (Sąd Rejonowy).

The court held hearings on 27 July and 5 December 1995. On 1 February 1996 the applicant asked the court to issue an interim order to safeguard his claim in the proceedings. On 2 April 1996 the court refused his request. On 14 May 1996 the Warsaw Regional Court (Sąd Wojewódzki) dismissed the applicant's appeal against that decision.

On 2 April 1996 the court held a hearing. At the next hearing held on 23 July 1996 the applicant modified his claim. As a consequence, the case was transferred to the Regional Court.

The court held further hearings on 5 November and 17 December 1996. It also decided that two witnesses should be heard by two other courts. The witnesses were heard by the Cracow District Court and the Wrocław District Court on 30 June and 3 September 1997, respectively. On 26 November 1997 and 20 January 1998 the Regional Court held hearings. The hearing listed for 2 February 1998 was cancelled.

At the hearing held on 7 April 1998 the Regional Court ordered the applicant to specify his claim. On 27 April 1998 the applicant modified his claim.

On 27 May 1998 the court stayed the proceedings on the ground that the applicant had not complied with the order of 7 April 1998.

Upon the applicant's appeal, on 9 July 1998 the Warsaw Court of Appeal (Sąd Apelacyjny) quashed the decision of 27 May 1998.

On 30 March 1999 the Regional Court ordered the applicant to specify his claim. On 4 April 1999 he submitted his pleading to the court.

On 1 June 1999 the court held a hearing.

On 9 November 1999 the Regional Court stayed the proceedings because the president of the defendant company, who was its representative, had died. Upon the applicant's appeal the Warsaw Court of Appeal quashed that decision on 28 December 1999.

On 27 September 2000 the court again stayed the proceedings, since the defendant company had not yet appointed a new representative. That decision was set aside by the Warsaw Court of Appeal on 21 November 2000.

On 15 February 2001, for the third time, the Regional Court stayed the proceedings. On 26 May 2001 the Warsaw Court of Appeal dismissed the applicant's appeal.

On 27 August 2001 the applicant's lawyer asked the trial court to appoint a guardian to act on behalf of the “A.A.R.“

On 4 December 2002 the Warsaw District Court appointed a guardian. The proceedings were resumed at a later unknown date.

On 11 February 2003 the Warsaw Regional Court gave judgment. The applicant lodged an appeal against this judgment.

On 3 December 2003 the Warsaw Court of Appeal upheld the first-instance judgment.

The applicant filed a cassation appeal with the Supreme Court. It appears that the cassation proceedings are pending.