PROCEDURE

The case originated in an application (no. 57672/00) 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 two Polish nationals, Mrs Maria Korbel (“the first applicant”) and Mr Andrzej Korbel (“the second applicant”), on 7 July 1999.

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

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

On 26 November 2002 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 applicants were born in 1954 and 1956 respectively and live in Bełchatów, Poland.

The applicants bought a second-hand car on 19 July 1992.

Their car was seized by the German Border Guard on 13 April 1993, as it appeared that it had been stolen.

On 15 April 1993, at the second applicants' request, the Radom District Police instituted criminal proceedings against R.G., a car dealer from whom the applicants had bought the car.

On 14 July 1993 the second applicant informed the Radom District Prosecutor (Prokurator Rejonowy) that he wished to join the proceedings as a civil party and asked the prosecution to forward his civil claim to the court together with the bill of indictment.

The Radom District Court (Sąd Rejonowy) convicted the accused on 19 August 1993.

The Radom District Prosecutor forwarded the applicant's claim to the Radom District Court on 27 August 1993. Since the criminal proceeding had already been terminated, the criminal court could not deal with the claim. Accordingly, it referred the claim to the Civil Division of the Radom District Court on 17 June 1994.

On 15 November 1994 the President of the Radom District Court informed the applicant that his statement of claim and accompanying documentary evidence had been lost. He asked the applicant to provide copies of documents in order to reconstruct the case-file.

On 7 December 1994 the District Court found that it was not competent to deal with the claim and referred the case to the Radom Regional Court (Sąd Wojewódzki).

On 16 January 1995 the second applicant asked the court to exempt them from payment of the court fees. The court partly granted his request on 2 February 1995.

On 27 February 1995, at the applicant's request, the court issued an interim order to secure his claim.

On an unspecified date the second applicant appointed the first applicant as his representative. From then on she took part in the proceedings.

The first hearing before the Regional Court was set down for 17 May 1995.

The court held hearings on 28 June and 13 September 1995. They were adjourned because witnesses, J.N. and J.M., had failed to appear.

At the hearing on 30 October 1995 the court imposed fines on J.N. and J.M.

The court held hearings on 4 December 1995, 27 March and 12 April 1996.

A hearing scheduled for 3 July 1996 was adjourned due to the defendant's absence.

On 21 August 1996 the court held a hearing.

The proceedings were stayed on 27 November 1996 because the criminal proceedings against J.N. and J.M had been instituted in the meantime.

On 21 March 1997 the court, at the applicants' request, called J.N. as a co-defendant.

On 18 September 1997 the court stayed the proceedings for the same reasons as above. They were resumed on 15 October 1998.

A hearing scheduled for 1 December 1998 was adjourned because both parties had failed to appear.

At the hearing on 18 December 1998 the court ordered that an expert report on the value of the disputed car be obtained. The report was submitted to the court on 27 January 1999.

The next hearing took place on 15 February 1999.

On 18 February 1999 the Radom Regional Court allowed the applicants' claim.