PROCEDURE

The case originated in an application (no. 38811/97) 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, Stanislaw Góra (“the applicant”), on 12 December 1996.

The Polish Government (“the Government”) were represented by their Agents, Mr Krzysztof Drzewicki and subsequently Mr Jakub Wołąsiewicz.

The applicant alleged, in particular, that his right to a “hearing within a reasonable time” had not been respected.

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 19 November 2002 the Court declared the application partly admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1946 and lives in Szamotuły, Poland.

A. Proceedings concerning the action for damages against the Wielkopolska Gardening Co-operative and Polcomex Ltd.

On 30 July 1987 the applicant lodged a claim for payment against the Wielkopolska Gardening Co‑operative (Wielkopolska Spółdzielnia Ogrodnicza) with the Poznań District Court (Sąd Rejonowy). On 3 November 1987 the Polcomex Ltd joined the proceedings as a second defendant. Prior to 1 May 1993 the trial court held several hearings and ordered an opinion from an expert.

On 30 December 1993 the applicant modified his claim and applied for an exemption from court fees. At the hearing held on 21 February 1994 the court ordered the applicant to pay the court fees due for the submission of the modified claim.

On 28 February 1994 the applicant again asked the court to exempt him from court fees. On 28 March 1994 the Poznań District Court rejected his application. On 1 April 1994 the applicant appealed against that decision. On 30 September 1994 the Poznań Regional Court (Sąd Wojewódzki) dismissed his appeal.

On 8 November 1994 the applicant paid the required court fees.

On 7 January 1995 the applicant modified his claim for the second time. On 8 February 1995 the District Court partly exempted him from the court fees.

On 8 March 1995 the District Court held a hearing. On 28 May 1995 the applicant modified his claim for the third time.

On 12 February 1997 the court ordered that expert evidence be obtained. The expert opinion was completed on 19 May 1997 and submitted to the court. On 2 July 1997 the court ordered that a new expert opinion be obtained.

At the hearing held on 30 December 1997 the applicant finally specified his claim.

On 21 January 1998 the Poznań District Court gave judgment. On 18 March 1998 the applicant lodged an appeal with the Poznań Regional Court. On 10 July 1998 the Poznań Regional Court quashed the first‑instance judgment and remitted the case.

On 5 July 2000 the Poznań District Court gave judgment. On 21 October 2000 the applicant appealed. He also applied for an exemption from court fees. On 4 January 2001 the District Court rejected his application. On 26 January 2001 the applicant paid the required court fees.

On 14 December 2001 the Poznań Regional Court gave judgment. The judgment is final.

B. Proceedings for compensation against the Szczuczyn Agricultural Co-operative

On 22 September 1988 the applicant sued the Szczuczyn Agricultural Co‑operative (Rolniczy Kombinat Spółdzielczy) in the Poznań Regional Court, seeking compensation. Prior to 1 May 1993 the court ordered opinions from two experts.

On 7 July 1993 the Poznań Regional Court rejected the applicant's request for an exemption from court fees. On 8 October 1993 the Poznań Court of Appeal (Sąd Apelacyjny) upheld this decision.

On 6 November 1993 the Regional Court ordered the applicant to pay half of the court fees due.

On 21 March 1994 the applicant challenged the impartiality of the judges of the Poznań Regional Court. On 25 May 1994 the Supreme Court (Sąd Najwyższy) referred the challenge to the Poznań Regional Court.

On 8 November 1994 the Regional Court held a hearing. It granted the applicant a general exemption from court fees.

On 4 February 1995 the applicant modified his claim. At the hearing held on 1 December 1995 the court ordered that an expert opinion be obtained.

On 13 and on 18 December 1995 respectively the co-operative and the applicant requested that certain witnesses be summoned.

Subsequently, two experts refused to prepare their opinions. On an unspecified date the court ordered that the Sielinko Centre for Agricultural Assistance (Ośrodek Doradztwa Rolniczego Sielinko) prepare an expert opinion. On 1 August 1997 the opinion was submitted to the court.

On 2 July 1997 the applicant complained to the President of the Poznań Regional Court about the delay in the proceedings. In reply, the President admitted that the applicant's complaint was justified.

On 4 August 1997 the court fixed a hearing for 5 November 1997. It was subsequently cancelled. The court held further hearings on 21 November 1997, 27 March and 13 October 1998.

On 27 October 1998 the Regional Court gave judgment. The applicant appealed. On 11 June 1999 the Court of Appeal dismissed the applicant's appeal. On 27 October 1999 the applicant lodged a cassation appeal against the final judgment. On 14 November 2001 the Supreme Court (Sąd Najwyższy) dismissed the applicant's cassation appeal as manifestly ill-founded.

C. Proceedings concerning a claim for payment against the Szamotuły Agricultural Co‑operative

On 22 August 1988 the applicant sued the Szamotuły Agricultural Co‑operative (Spółdzielnia Kółek Rolniczych) in the Poznań Regional Court, seeking damages. On 22 December 1992 the Regional Court gave judgment.

On 31 August 1993 the Poznań Court of Appeal, upon the parties' appeals, remitted the case to the Szamotuły District Court. It ordered the District Court to determine the amount of compensation to be granted to the applicant.

The applicant modified his claim on 30 November 1993 and 17 May 1994 respectively.

On 28 September 1994 the District Court ordered that an expert opinion be obtained.

On 14 July 1995 the applicant challenged the impartiality of the presiding judge. On 28 July 1995 the District Court rejected his challenge as unfounded. On 30 January 1996 the Poznań Regional Court upheld the first‑instance decision. However, the case was subsequently assigned to another judge.

On 3 February 1997 the court ordered that a new expert opinion be obtained. The relevant expert report was submitted on 20 March 1997.

On 31 October 1997 the District Court gave judgment. On 29 December 1997 the applicant lodged an appeal with the Regional Court. On 12 May 1998 the Regional Court dismissed his appeal.

On 31 August 1998 the applicant lodged a cassation appeal against the final judgment with the Supreme Court. On 16 October 1998 the Poznań Regional Court rejected the cassation appeal as inadmissible in law. The applicant appealed. On 19 April 1999 the Supreme Court dismissed his appeal.