PROCEDURE

The case originated in an application (no. 1564/02) 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, Mrs Joanna Kędra (“the applicant”), on 19 December 2001.

The Polish Government were represented by their Agent, Mr J. Wołąsiewicz, of the Ministry of Foreign Affairs.

On 1 September 2005 the President of the Fourth Section decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

The applicant was born in 1950 and lives in Warsaw.

On 2 December 1998 the applicant lodged with the Warsaw District Court (Sąd Rejonowy) a civil action against her former employer in which she requested the annulment of a disciplinary penalty. Subsequently, the applicant was dismissed. In January 1999 she lodged a second claim against her former employer in which she asked for reinstatement.

On 25 June 1999 the court decided to join both cases.

The hearings to be held on 10 December 1999 and 12 January 2000 were adjourned.

Subsequently, hearings were held in September and November 2000.

The next hearing was held on 21 December 2001.

In 2002 the Warsaw District Court held hearings on 18 March and 7 October.

Subsequently, the court held hearings at regular intervals. In 2003 it held in total four hearings. In 2004 eight hearings were held; however, the majority of them were adjourned due to the absence of the defendant or witnesses. On 13 January 2005 the Warsaw District Court held a hearing.

On 11 February 2005 the applicant lodged with the Warsaw Regional Court (Sąd Okręgowy) a complaint about a breach of her right to have her case heard within a reasonable time. She relied on the 2004 Act. On 17 March 2005 the Regional Court dismissed her complaint. The court examined the course of the impugned proceedings and held that there were no delays for which the District Court could be held responsible. Some delays were caused by the actions of the defendant. The court finally held that the case was complex. The decision was notified to the applicant on 31 March 2005. The applicant was also informed that the domestic law did not provide any appeal against the decision.

On 11 April 2005 the court held a hearing and on 22 April 2005 it gave judgment. It ordered reinstatement of the applicant and payment of her salary for the period of her unemployment. The defendant appealed.

On 1 December 2005 the Warsaw Regional Court dismissed the appeal. The judgment thus became final.