PROCEDURE

The case originated in an application (no. 77746/01) 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, Mrs Waleria Kroenitz (“the applicant”), on 28 July 2000.

The Polish Government (“the Government”) were represented by their Agent, Mr K. Drzewicki, of the Ministry of Foreign Affairs. The applicant was exceptionally granted leave to be represented by Mr Cz. Sławski (Rule 36 § 4 of the Rules of Court). The latter was also granted leave to use the Polish language in the proceedings before the Court (Rule 34 § 3 of the Rules of Court).

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

The application was allocated to the Fourth Section of the 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 of the Rules of Court. On 30 April the Fourth Section decided to communicate the complaint concerning the length of the proceedings and an alleged interference with the applicant’s property rights 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, Mrs Waleria Kroenitz, is a Polish national, who was born in 1903 and lives in Przemyśl, Poland.

A. Proceedings concerning a claim for restitution and compensation.

In 1948 the applicant’s property was expropriated. On 28 June 1996 the Minister of Economy (Minister Gospodarki) annulled the expropriation order.

On 23 December 1996 the applicant brought a claim against a company “Domgos” (Częstochowskie Zakłady Metalowe “Domgos”) before the Częstochowa Regional Court (Sąd Wojewódzki), seeking restitution of her property. The court held hearings on 30 May, 10 July and 17 October 1997.

On 30 January 1998 the applicant modified her claim and filed an action for compensation for loss of profits caused by the prolonged impossibility of using her property.

On 8 March 1999 the Częstochowa Regional Court held a hearing and gave an interlocutory judgment. It ordered that the property be restored to the applicant.

On 9 December 1999 the court was to hold a hearing, but an expert failed to appear because he had not been duly summoned. On 27 January 2000 and 23 March 2000 the court held further hearings.

A hearing listed for 15 February 2001 was cancelled since the expert and the defendant failed to appear.

The hearing listed for 29 March 2001 was adjourned as the court had ordered the expert to prepare a supplementary report. On 21 February 2002 the court held a hearing.

On 8 March 2002 the Regional Court gave judgment and awarded the applicant compensation. Following the defendant’s appeal, the proceedings are pending before the Court of Appeal (Sąd Apelacyjny).

B. Proceedings concerning a claim for compensation against the State Treasury.

On 26 April 1998 the applicant asked the Minister of Economy to award her compensation. On 22 May 1998 the Minister dismissed her request.

On 24 June 1998 the applicant filed with the Warsaw Regional Court an action for compensation against the State Treasury the Minister of Economy. The court held hearings on 19 November 1999 and 22 September 2000.

On 22 September 2000 the court gave judgment and dismissed the applicant’s claim. The applicant appealed.

On 24 January and 7 March 2002 the Warsaw Court of Appeal (Sąd Apelacyjny) held hearings. On the latter date the court gave judgment. The applicant did not lodge a cassation appeal with the Supreme Court (Sąd Najwyższy).