PROCEDURE

The case originated in an application (no. 18036/03) 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 Bożena Cichla (“the applicant”), on 20 May 2003.

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

On 1 September 2005 the President of the Fourth Section decided to communicate the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1962 and lives in Wieluń, Poland.

On 1 September 1994 the applicant’s husband died in a road accident. He worked as a driver and was killed when a truck in front of him, carrying an inflammable substance, exploded.

On 27 February 1996 the applicant, on behalf of herself and her three children, lodged a civil action with the Kalisz Regional Court (Sąd Wojewódzki). She claimed compensation for her husband’s death and directed her action, inter alia, against the company that owned the truck and the “Warta” Insurance Company.

On 9 October 1996 the trial court held the first hearing.

Subsequently, hearings were held once a year on 8 December 1997, 27 September 1998 and 26 November 1999. In 2000 no hearings were held.

On 19 December 2001 and 13 February 2002 the trial court held hearings. On the latter date the court stayed the proceedings. They were resumed on 18 August 2003. Subsequently, the court ordered that an expert opinion be prepared. The court scheduled two hearings but they were adjourned.

On 24 October 2004 the applicant lodged with the Łódź Court of Appeal (Sąd Apelacyjny) a complaint about a breach of the right to have her case heard within a reasonable time. She relied on the 2004 Act. On 22 December 2004 the Court of Appeal dismissed her complaint. The court examined the course of the impugned proceedings and held that there were no delays for which the Regional Court could be held responsible. Some delays were caused by the actions of the defendant. The court finally held that the case was complex and required the taking of expert evidence.

In May and June 2005 the experts submitted their opinions to the court.

On 20 September 2005 the Kalisz Regional Court gave judgment. It allowed the action and granted the applicant compensation. The defendant lodged an appeal against the judgment.

On 19 June 2006 the Łódź Court of Appeal held a hearing at which it dismissed the appeal. The judgment is final.