PROCEDURE

The case originated in an application (no. 39597/98) 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, Ewa Biskupska (“the applicant”), on 15 July 1997.

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

The applicant alleged, in particular, that the proceedings in her case had exceeded a reasonable time.

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 26 March 2002 the Court declared the application partly admissible.

THE FACTS

The applicant was born in 1952 and lives in Warsaw.

On 13 July 1995 the applicant filed with the Warszawa-Mokotów District Court (Sąd Rejonowy) an action against the Office of the Council of Ministers (Urząd Rady Ministrów) and a housing co-operative K. In her action she requested, inter alia, that a flat be granted to her, submitting that the area of the one allocated to her by co-operative K, on the basis of an agreement between it and the Office of the Council of Ministers, allegedly differed from the area indicated in the decision granting it to her. The applicant also claimed damages for losses allegedly sustained by her as a result of the increase of construction costs.

On 18 July 1995 the District Court declared its lack of jurisdiction over the case and transmitted it to the Warsaw Regional Court (Sąd Wojewódzki).

On 23 September 1995 the court ordered the applicant to indicate the value of her claim (wartość przedmiotu sporu). On 5 October 1995 the court again ordered her to indicate that value, considering that the information provided by her in reply to the previous court order was not satisfactory. In her letter of 16 October 1995 the applicant indicated the value of her claim. On 8 November 1995 she was again ordered to provide certain information concerning the value of the claim. On 23 November 1995 she submitted the relevant information.

On 27 November 1995 the Warsaw Regional Court, having examined the applicant's request, exempted her partially from the court fees. She appealed against that decision. On 27 February 1996 the Warsaw Court of Appeal (Sąd Apelacyjny) dismissed her appeal.

On 13 May 1996 the Warsaw Regional Court refused the applicant's request for free legal assistance, considering that at that stage of the proceedings legal assistance was not necessary. The court noted that neither the circumstances of the case, nor the applicant's financial situation called for granting her a legal-aid lawyer. The applicant appealed against that decision. On 19 July 1996 the Warsaw Court of Appeal dismissed her appeal.

On 9 October 1996 the Warsaw Regional Court held a hearing. On the same day the defendant co-operative lodged a counter-claim against the applicant.

In the pleadings of 15 December 1996 the applicant's lawyer modified her action and raised additional claims, inter alia, for compensation for the allegedly deceitful taking over of her previous flat by the Office of the Council of Ministers.

On 30 July 1997 the applicant requested an interim measure. On 13 August 1997 the court dismissed her request.

On 19 January 1998 the applicant filed another request for an interim measure. On 23 January 1998 the court dismissed it. The applicant appealed against that decision and requested exemption from the court fees relating to that appeal.

On 24 March 1998 the court held a hearing.

On 3 August 1998 the defendant co-operative's lawyer requested the court not to fix hearings between 15 September and 15 October 1998 because of his vacation plans.

On 30 September 1998 the Warsaw Court of Appeal dismissed the applicant's appeal against the decision of 23 January 1998.

On 17 February 1999 the applicant submitted a request for legal assistance, stating that she had not been able to contact a lawyer chosen by her.

At the hearing held on 9 June 1999 the court ordered an expert opinion concerning the construction costs.

On 2 July 1999 it requested the Office of the President of the Council of Ministers to submit documentation concerning the financing of the construction of the applicant's house. On 29 December 1999 the court repeated its request.

On 14 January 2000 the Office informed the court that it did not possess any such documentation.

On 19 January and 3 April 2001 the court held hearings.

On 22 February 2001, in reply to the applicant's complaint, the Ministry of Justice admitted that the proceedings were lengthy and informed her that they had been taken under the President of the Regional Court's administrative supervision.

On 10 April 2001 the applicant modified her claim and requested exemption from court fees.

On 18 June 2001 the court refused her request. On 30 August 2001 the Warsaw Court of Appeal dismissed the applicant's appeal against that decision.

On 6 December 2001 the Regional Court summoned the applicant to pay a fee relating to her extended claim.

On 24 January 2002 it declined her request for an interim order.

On 18 June 2002 the court stayed the proceedings. On 9 December 2002 the Court of Appeal quashed that decision.

On 27 January 2003 the Regional Court rejected the applicant's additional claim of 10 April 2002, since she had not paid the due fee. On the same day it ordered an expert opinion.

On 10 April 2003 the court granted the applicant partial exemption from court costs.

The proceedings are still pending.