PROCEDURE

The case originated in an application (no. 53029/99) 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, Mr Jerzy Pachnik (“the applicant”), on 13 November 1998.

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

On 3 July 2001 the Court decided to communicate the complaint concerning the length of the proceedings 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.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

THE FACTS

The applicant was born in 1934 and lives in Warsaw, Poland.

A. Facts prior to 1 May 1993

In 1989 the applicant, a lorry driver, was involved in a traffic accident. As a result of that accident he sustained serious head injuries. Subsequently, he was granted a disability pension.

In 1991 a criminal court acquitted the applicant of breaching traffic regulations and established that the accident had been caused by a defective road surface.

On 15 May 1992 the applicant lodged with the Warsaw Regional Court (Sąd Wojewódzki) an action for damages against the State Treasury – the Kielce Regional Directorate of State Roads (Dyrekcja Okręgowa Dróg Publicznych) and the State Insurance Company (PZU S.A).

On 29 September 1992 the court decided to transfer the case to the Kielce Regional Court. On 30 October 1992, upon the applicant’s appeal, the Warsaw Regional Court quashed the decision of 29 September 1992.

A hearing listed for 16 April 1993 was adjourned.

B. Facts after 30 April 1993

A hearing scheduled for 18 June 1993 was adjourned at the request of the defendants.

Subsequently, on 28 September 1993 the court held a hearing at which it heard the applicant.

On 23 November 1993 the Busko-Zdrój District Court, at the trial court’s request, heard certain witnesses.

On 11 February 1994 the trial court held a hearing at which the parties applied to adduce new evidence. Upon the defendants’ application the court adjourned the hearing sine die.

On 14 February 1995 the court ordered an expert opinion. In June 1995 the opinion was submitted to the court.

Between 12 February 1994 and 4 February 1996 no hearings were held.

Subsequently, hearings were held on 5 February 1996, 13 May 1997 and 5 January 1998 at which the court heard expert witnesses and ordered new expert opinions.

At the hearing held on 3 April 1998 the court joined as co-defendant a certain road works company.

On 8 June, 10 September and 15 December 1998 the court held hearings. All of them were adjourned at the request of the defendants or because of the absence of witnesses.

On 14 January 1999, at the trial court’s request, the Kielce District Court heard a witness.

Subsequently, the trial court held hearings on 8 February and 1 April 1999.

On 23 September 1999 the Warsaw Regional Court gave judgment. It awarded the applicant non-pecuniary damages and a monthly allowance to be paid by the State Treasury – the Regional Directorate of State Roads. The court dismissed the applicant’s claims in respect of two other co-defendants.

On 3 March 2000 the State Treasury lodged an appeal against the judgment.

On 31 July 2000 the Warsaw Court of Appeal (Sąd Apelacyjny) quashed the impugned judgment in respect of the monthly allowance awarded to the applicant and remitted it to the first-instance court. It upheld the remaining part of the judgment.

In February and March 2001 the applicant applied to adduce new evidence and asked the court to speed up the proceedings.

The trial court held the first hearing on 20 September 2001.

In 2002 the court held four hearings.

On 19 January 2004 the Warsaw Regional Court held a hearing and on 22 February 2004 it gave a partial judgment (wyrok częściowy). The proceedings in respect of the remainder of the claim are pending before the Warsaw Regional Court.