PROCEDURE

The case originated in an application (no. 6214/02) 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 Edmund Kranz (“the applicant”), on 29 January 2002.

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

On 10 September 2002 the Court declared the application partly inadmissible and 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 decided to examine the merits of the application at the same time as its admissibility. It also gave priority to application, pursuant to Rule 41 of the Rules of the Court.

THE FACTS

The applicant was born in 1919 and lives in Bydgoszcz, Poland.

On 19 July 1966 the applicant and his wife obtained a divorce decree. On 5 November 1975 the applicant's ex-wife filed with the Bydgoszcz District Court (Sąd Rejonowy) a petition for division of the matrimonial property. On 16 October 1978 the Bydgoszcz District Court gave a decision. Both parties appealed. On 30 May 1979 the Bydgoszcz Regional Court (Sąd Wojewódzki) quashed the first-instance decision and remitted the case. In 1982 the applicant's ex-wife donated her share in the disputed property to A.H. and E.H., who became parties to the proceedings.

On 2 December 1990 the applicant sent a letter to the Minister of Justice, complaining about the slow progress of the proceedings. On 15 February 1991, in reply to his complaints, the President of the Bydgoszcz Regional Court acknowledged that the proceedings were indeed lengthy. Prior to 1 May 1993, the Bydgoszcz District Court held a number of hearings and obtained several expert reports.

On 19 July 1993 the District Court held a hearing. On 5 January 1994 the applicant challenged the impartiality of the presiding judge.

On 29 May 1995 the District Court ordered that expert evidence be obtained. On 23 October 1995 the expert informed the court that he had been unable to prepare a report due to the applicant's conduct.

On 6 September and 23 October 1995 the trial court held inspections of the site.

On 2 October 1996 the Bydgoszcz District Court gave a decision. The court granted ownership of the entire property (plot of land and the house) to A.H. and E.H. The court also ordered them to pay off the applicant's share in the estate.

On 5 June 1997, on the applicant's appeal, the Bydgoszcz Regional Court partly amended the first-instance decision. On 19 September 1997 the applicant lodged a cassation appeal.

On 4 February 1998 A.H. and E.H. sold their share in the property to a certain J.S. On 28 April 1999 the Supreme Court (Sąd Najwyższy) quashed the decision of 5 June 1997 and remitted the case to the Bydgoszcz Regional Court (Sąd Okręgowy).

On 27 January 2000 the Bydgoszcz Regional Court gave a decision and remitted the case to the District Court.

On 20 December 2000 the Bydgoszcz District Court issued an interim order allowing the applicant to install central heating in his part of the house. On 25 June 2001, upon an appeal by J.S., the Bydgoszcz Regional Court quashed this decision.

On 21 January 2001 the District Court held a hearing.

The proceedings are pending before the Bydgoszcz District Court.