PROCEDURE

The case originated in an application (no. 65719/01) 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”) by a Polish national, Mr Jan Przygodzki (“the applicant”), on 21 December 1998.

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

On 18 February 2004 the President of the Fourth Section decided to communicate the complaint concerning the length of the proceedings to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

The applicant was born in 1954 and lives in Kielce, Poland.

On 8 and 9 November 1993 the national newspaper A published articles about unemployment and unfair treatment of employees by certain employers.

On 9 December 1993 the applicant lodged with the Kielce Regional Court (Sąd Wojewódzki) a civil action for protection of his personal rights (o ochronę dóbr osobistych) against the newspaper A and journalists B and C. The applicant, who at that time was the president of the “P” company and the president of the Polish Party of Unemployed, claimed that the articles included untrue information about him.

On 11 March 1994 the applicant was partly exempted from the court-fees.

On 8 June 1994 the trial court held the first hearing.

Subsequently, hearings were held on 14 November and 5 December 1994.

In 1995 the trial court held six hearings and heard several witnesses.

On 30 January, 18 April, 6 September and 3 October 1996 the court held hearings.

On 10 October 1996 the Kielce Regional Court gave judgment. It dismissed the applicant's action.

On 30 December 1996 the applicant lodged an appeal against this judgment.

On 28 February 1997 the Kraków Court of Appeal (Sąd Apelacyjny) held a hearing and dismissed his appeal.

On 5 May 1997 the applicant lodged a cassation appeal with the Supreme Court (Sąd Najwyższy).

On 22 December 1997 the Supreme Court allowed his appeal, quashed the impugned judgment and remitted the case.

On 3 July 1998 the Court of Appeal held a hearing and gave judgment. It again dismissed the applicant's appeal.

On 10 December 1998 the applicant lodged a cassation appeal with the Supreme Court.

On 4 July 2001 the Supreme Court refused to entertain the cassation appeal as it raised no important legal issues and was manifestly ill-founded.