PROCEDURE

The case originated in an application (no. 47551/99) 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, Aniela Leszczyńska (“the applicant”), on 23 February 1998.

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

On 10 July 2001 the Court decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

The applicant was born in 1936 and lives in Włocławek, Poland.

A. Proceedings concerning dissolution of co-ownership.

The applicant and her neighbours were the co-owners of real estate located in Włocławek. On 28 June 1982 the applicant filed an action with the Włocławek District Court (Sąd Rejonowy) in which she requested that the co-ownership of the estate be dissolved.

Prior to 19 September 1989 the court held a number of hearings and two viewings of the site. It also obtained two expert reports.

On 19 September 1989 the District Court gave a decision. The neighbours (“the respondents”) appealed. On 5 July 1991 the Włocławek Regional Court (Sąd Wojewódzki) set aside the first-instance decision and remitted the case.

On 20 December 1991 the District Court held a hearing. On 17 November 1992 the court obtained another expert’s opinion.

A hearing listed for 16 June 1993 was adjourned due to the absence of the respondents’ lawyer. On 3 August 1993 the court held a hearing and heard evidence from an expert.

The court held a further hearing on 29 April 1994. It ordered yet another expert to prepare an opinion. On 7 October 1994 the court held a viewing of the site. On 17 November 1994 a hearing was held. At a hearing held on 13 April 1995 the court heard evidence from an expert.

On 27 April 1995 the Włocławek District Court gave a decision and dissolved the co-ownership. The respondents appealed.

On 20 July 1995 the District Court refused to exempt the respondents from the court fees due for lodging the appeal. On 22 August 1995 they appealed against this decision and requested the court to grant them leave to appeal out of time. On 19 December 1995 the court granted them that leave. On 15 April 1996 the Włocławek Regional Court amended the decision of 20 July 1995 and partially exempted the respondents from the court fees.

On 12 September 1996 the Włocławek Regional Court dismissed the respondents’ appeal. On 18 December 1996, they lodged a cassation appeal with the Supreme Court (Sąd Najwyższy). On 3 September 1997 the Supreme Court dismissed the cassation appeal.

B. Proceedings concerning the action for repossession.

On 21 September 1996 the applicant filed an action for repossession of part of the property with the Włocławek District Court. She claimed that the court in its decision of 27 April 1995 (given in the first set of proceedings), had not ordered the respondents to surrender part of the property in question to her.

On 14 April 1997 the court stayed the proceedings, considering that the determination of the case depended on the outcome of the proceedings pending before the Supreme Court. On 5 January 1998 the proceedings were resumed.

On 28 January 1998 the trial court held a hearing. On 14 March 1998 an expert opinion was submitted to the court.

On 21 April 1998 the Włocławek District Court gave judgment and granted the applicant’s claim. The defendants appealed. On 8 October 1998 the Włocławek Regional Court dismissed their appeal.