PROCEDURE

The case originated in an application (no. 61454/00) 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 Magdalena Janas (“the applicant”), on 13 January 2000.

The applicant was represented by Mr Zbigniew Cichoń, a lawyer practising in Kraków. The Polish Government (“the Government”) were represented by their Agents, Mr K. Drzewicki and Mr. J.Wołąsiewicz, of the Ministry of 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 1948 and lives in Zakopane, Poland.

The applicant and a co-operative “PSS Społem” were co-owners of an estate in Zakopane. On 29 November 1995 the co-operative filed with the Zakopane District Court (Sąd Rejonowy) an application for dissolution of the co-ownership of the estate.

The court held hearings on 10 and 24 January 1996. On the latter date it ordered an expert opinion. On 21 February 1996 the court held a viewing of the site. On 19 April 1996 the expert submitted his opinion to the trial court. On 27 May 1996 the court ordered that a supplementary expert opinion be obtained. It was submitted to the court on 28 June 1996.

At the hearing held on 18 September 1996 the court heard evidence from an expert. The court further ordered him to prepare a supplementary opinion. It was submitted to the court on 10 October 1996.

On 3 February 1997 the court held a hearing and appointed a new expert. On 30 June 1997 the new expert submitted his opinion to the court.

At the hearing held on 21 January 1998 the court decide to obtain evidence from yet another expert. The opinion was submitted to the court on 17 June 1998.

In her pleading of 3 September 1998 the applicant submitted a new proposal concerning the division of the estate. On 28 September 1998 she revoked it.

The court held hearings on 16 December 1998, 22 February and 7 April 1999. On 17 December 1999 the court held a hearing and heard evidence from an expert. At that hearing the applicant authorised her father, who was a court expert, to represent her in the proceedings. As a result, the judge rapporteur asked to be excluded from dealing with the case. On 7 January 2000 the District Court acceded to his request.

On 24 January 2000 the applicant challenged the impartiality of all judges sitting in the Zakopane District Court. On 7 March 2000 the Nowy Sącz Regional Court (Sąd Okręgowy) dismissed the applicant's challenge.

On 15 September 2000 the court held a hearing and ordered another expert opinion. Subsequent hearings were held on 23 April and 23 May 2001. On 6 June 2001 the District Court gave judgment. The applicant appealed. It appears that the proceedings are pending.