PROCEDURE

The case originated in an application (no. 35656/97) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mrs Jadwiga Hulewicz (“the applicant”), on 10 June 1996.

The applicant was represented by Mrs M. Zawitkowska, a lawyer practising in Słupsk, Poland. The Polish Government (“the Government”) were represented by their Agents, Mr K. Drzewicki and subsequently Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant alleged, in particular, that her case had not been heard within a reasonable time in breach of Article 6 § 1 of the Convention.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

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.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

By a decision of 12 November 2002 the Court declared the application admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant is a Polish national who was born in 1952 and lives in Lębork, Poland.

On 23 May 1990 the applicant acquired the right to a long-term lease of a flat (spółdzielcze lokatorskie prawo do lokalu) in a building owned by the Lębork Housing Co-operative (Spółdzielnia Mieszkaniowa).

On 22 July 1993 the co-operative sued the applicant in the Lębork District Court (Sąd Rejonowy), seeking payment. On 25 October 1993 the court gave judgment and granted the claim. The applicant appealed against this judgment. On 19 January 1994 the Słupsk Regional Court (Sąd Wojewódzki) amended the first-instance judgment.

Subsequently, the applicant twice requested the Minister of Justice to grant her leave to file an extraordinary appeal with the Supreme Court (Sąd Najwyższy). Her first request was rejected on 10 October 1994.

On 31 January 1997, upon the applicant’s second request, the Minister of Justice filed a cassation appeal on the applicant’s behalf, contesting the judgment of the Słupsk Regional Court of 19 January 1994.

On 29 April 1997 the Supreme Court quashed both judgments given in the applicant’s case and remitted the case to the court of first instance. It held that the lower courts had committed serious errors of fact and law.

On 28 October 1997 the Lębork District Court joined the applicant’s case with similar proceedings against seven other members of the co‑operative.

On 19 March 1998 the court held a hearing.

On 8 May 1998 the court ordered that expert evidence be obtained.

On 9 June 1998 the court exempted the applicant from half of the court fees due. The applicant appealed. On 29 December 1998 the Słupsk Regional Court rejected her appeal.

On 29 February 2000 the trial court ordered that further expert evidence be obtained. On 19 May 2000 the expert submitted his report to the court. On 4 October 2000 the applicant challenged the expert’s opinion of 19 May 2000.

On 5 October 2000 the court held a hearing and listed the next hearing for 17 October 2000.

On 1 March 2002 the District Court gave judgment. On 8 April 2002 the applicant appealed against this judgment.

It appears that the proceedings are pending.