PROCEDURE

The case originated in an application (no. 77757/01) 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 Roman Łobarzewski (“the applicant”), on 2 November 2001.

The applicant was represented by Mr W. Hermeliński, a lawyer practising in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr K. Drzewicki, of the Ministry of the Foreign Affairs.

On 17 December 2002 the Fourth Section decided to communicate the complaint concerning the length of the proceedings and the alleged lack of effective remedy 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 1937 and lives in Brwinów, Poland.

A. Facts prior to 1 May 1993

On 15 March 1985 the applicant instituted before the Warsaw District Court (Sąd Rejonowy w Warszawie) civil proceedings concerning an inheritance dispute (o zachowek) against Mr A.Ł. The applicant sought a part of his late mother's estate.

Between April 1985 and January 1993 the court held over twenty hearings.

Between March 1988 and February 1990 as well as between June 1991 and December 1992 no hearings were held.

The hearing held on 11 January 1993 was adjourned.

B. Facts after 30 April 1993

On 25 April 1994 the court, sitting in camera, requested two expert opinions.

On 3 November 1994, 29 March and 26 June 1995 the Warsaw District Court obtained expert opinions.

On 30 January 1995 the court exempted the applicant from the court‑fees.

On 4 August 1995 the court, sitting in camera, decided to prepare another expert opinion. The defendant appealed against this decision. On 8 February 1996 the Warsaw District Court dismissed the appeal. The defendant's appeal against this decision was finally dismissed on 24 April 1996 by the Warsaw Regional Court.

On 11 October 1995 the court appointed a lawyer for the applicant.

On 5 August 1996 the expert submitted his opinion to the court.

Between 11 January 1993 and 13 December 1996 no hearings were held.

In 1997 the court held six hearings. Some of them were adjourned because the parties were not properly notified of them.

On 13 February and 6 April 1998 the court held hearings.

At the hearing held 25 June 1998 the applicant extended his claim.

On 26 June 1998 the court decided to transfer the case to the Warsaw Regional Court because of the increased value of the claim.

At the hearing held on 14 May 1999 the Warsaw Regional Court discontinued the proceedings with regard to the applicant's sister.

On 14 October 1999 the applicant extended his claim and applied to the court to give an interim ruling. On 18 September 2000 the court dismissed his application for the interim ruling. The applicant's appeal was dismissed on 1 March 2001 by the Warsaw Court of Appeal.

On 26 October 2001 the Warsaw Regional Court held a hearing at which it heard both parties.

In November 2001 the court, sitting in camera, requested another expert opinion.

In July and August 2002 the President of the Warsaw Regional Court informed the applicant that “due to the delay in the proceedings the case is going to be under constant supervision of the President”.

Subsequently, a hearing scheduled for 13 March 2003 was adjourned at the applicant's request. The new date was set for 23 March 2003.

The proceedings are pending before the Warsaw Regional Court.