PROCEDURE

The case originated in an application (no. 13146/02) 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, Ms Janina Rafińska (“the applicant”), on 1 December 2001.

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

The applicant complained that the length of civil proceedings in her case had exceeded reasonable time.

On 20 June 2006 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the length of proceedings. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, Ms Janina Rafińska, is a Polish national, who was born in 1937 and lives in Ostrowite.

The applicant and her husband divorced. On 8 July 1994 L. R. (the applicant's husband) lodged a motion with the Rypin District Court for the division of their marital property. He further asked the court to exempt him from court fees.

On 29 July 1994 the court decided to examine the case together with a case concerning the dissolution of the co-ownership of a farm belonging to the applicant, L. R., K. R. (their son) and K. K. Subsequently, on 8 March 1999 the court decided to examine in separate proceedings the case concerning the division of the marital property.

On 7 April 1999 the first hearing in the case was scheduled for 27 April 1999. On the latter date the hearing was adjourned and the parties were requested to submit their requests regarding the evidence to be taken.

On 30 April 1999 the applicant challenged a judge sitting in the case. The challenge was dismissed on 8 June 1999.

The hearing that was to be held on 14 October 1999 was adjourned and the parties were obliged to submit again their requests as to the evidence to be taken.

On 14 October 1999 the following hearing was scheduled for 27 January 2000. However, on the latter date the hearing was adjourned until 17 February 2000 in order to hear the testimonies of the parties. During the court's hearing of 17 January 2000, the parties were heard. None of them submitted any additional requests for evidence to be taken. The proceedings were completed and the judgment was scheduled to be delivered on 2 March 2000.

However, on 2 March 2000 the trial was resumed and the hearing was adjourned until 21 March 2000 in order to admit additional witness evidence. On 21 March 2000 the parties were heard and the trial was terminated. The court decided to deliver the judgment on 4 April 2000. However, on the latter date the trial was resumed once again in order to admit an opinion of an expert on the composition of the property. On 6 April 2000 the applicant appealed against the decision to admit the expert's opinion. This appeal was dismissed on 10 May 2000.

On 8 August 2000 the expert submitted his opinion to the court.

On 19 December 2000 the court admitted the opinion and the parties' observations on it.

On 5 January 2001 the Rypin District Court delivered its judgment on the division of the property.

On 8 March 2001 the applicant lodged an appeal against the judgment. The court requested her to pay court fees.

On 6 April 2001 the applicant requested the court to exempt her from court fees. Her motion was allowed on 10 May 2001.

On 10 May 2001 the Włocławek Regional Court dismissed the appeal.