PROCEDURE

The case originated in an application (no. 65888/01) 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, Marianna Jeruzal (“the applicant”), on 31 October 2000.

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

On 10 September 2002 the Court decided to give notice of the application to the Government. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

On 13 January 2003 the applicant’s daughter, Mrs Halina Jeruzal‑Kuklińska, informed the Court’s Registry that the applicant had died on 25 November 2002. She stated that she wished to continue the proceedings before the Court in her late mother’s stead.

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1912 and lived in Gdynia in Poland. She died in 2002.

In 1972 the applicant and her husband transferred the ownership of their house and land to their son – Z.J., and kept a lifetime usufruct interest for themselves. Under the terms of the contract Z.J. was supposed to take care of the applicant and her husband and to provide them with food and medical care. However, he had failed to do so. Moreover, on two occasions criminal proceedings against him, for assault on the applicant, had been discontinued (pursuant to the relevant amnesty law).

On 2 February 1985 the applicant sued Z.J. in the Gdańsk District Court (Sąd Rejonowy) for damages for his failure to comply with the terms of the contract.

On several occasions before 1 May 1993 the applicant modified her claim.

On 13 July 1993 the Gdańsk District Court held a hearing and ordered an expert to prepare an opinion. On 16 December 1993 it ordered an additional expert opinion to be obtained.

On 1 February 1994, in reply to the applicant’s complaint about the length of the proceedings, the President of the Gdańsk District Court acknowledged that they were indeed lengthy and promised to supervise their conduct. On 4 March 1994 the court held a hearing.

The hearings set for 3 June 1994, 5 July 1994 and 6 September 1994 were adjourned.

The court held hearings on 20 December 1994 and 6 January 1995.

On 31 January 1995 the Gdańsk District Court gave judgment. The defendant appealed. On 22 December 1995 the Gdańsk Regional Court (Sąd Wojewódzki) quashed the impugned judgment and remitted the case.

On 24 January 1996 the applicant sent a letter to the Minister of Justice. She complained about the slow conduct of the proceedings. On 26 February 1996, in reply to her complaints, the President of the Gdańsk Court of Appeal (Sąd Apelacyjny) admitted that the proceedings were indeed lengthy and gave his assurance that he would supervise their conduct.

On 23 April 1996 the Gdańsk District Court held a hearing. On the same date the court ordered an expert to prepare an opinion. On 31 May 1996 and 2 July 1996 the court held further hearings. On 6 June 1996 the expert submitted his opinion to the court.

On 4 September 1996 the court ordered yet another expert to prepare an opinion. It was submitted to the court on 6 May 1997.

On 6 June 1997 the court held a hearing. On 9 June 1997 the case was transferred to the Gdańsk Regional Court as that court had become competent to consider it. On 30 September 1997 the Gdańsk Regional Court gave judgment.

Upon the applicant’s further appeal, the Gdańsk Court of Appeal gave judgment on 21 April 1998.

The defendant lodged a cassation appeal with the Supreme Court (Sąd Najwyższy). On 25 May 1999 the Supreme Court gave judgment and remitted the case to the Gdańsk Court of Appeal.

On 29 October 1999 the Gdańsk Court of Appeal held a hearing and ordered an expert to prepare an opinion. It was submitted to the court on 13 January 2000.

On 11 May 2000 the Gdańsk Court of Appeal held a hearing and gave judgment. The applicant’s legal aid lawyer did not file a cassation appeal. On 9 October 2000 the applicant asked to be granted leave to file an appeal out of time and to be assigned another legal aid lawyer. On 14 November 2000 the Gdańsk Court of Appeal rejected her application. The court considered that in view of the value of the claim, a cassation appeal in the applicant’s case was inadmissible in law.