PROCEDURE

The case originated in an application (no. 65017/01) 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, Mr Mieczysław Król (“the applicant”), on 3 May 2000.

The applicant was represented by Mr L. Lachowicz, a lawyer practising in Komorów, Poland. The Polish Government (“the Government”) were represented by their Agents, Mr K. Drzewicki and Mr. J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 12 March 2002 the Court decided to communicate 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.

THE FACTS

The applicant was born in 1948 and lives in Warsaw, Poland.

On 21 February 1994 the applicant sued a certain E.K. (“the defendant”) in the Warsaw Regional Court (Sąd Okręgowy), seeking payment for works which he had carried out for her. On 17 March 1994 the applicant was partly exempted from the payment of court fees.

The first hearing was fixed for 26 January 1995, but was eventually adjourned since the defendant was ill.

On 22 February 1995 the defendant lodged a counterclaim. The trial court held hearings on: 2 March, 18 April, 6 June and 3 October 1995 and on 16 January and 16 April 1996. The court heard evidence from several witnesses and from the defendant.

On 16 April 1996 the court ordered that expert evidence be obtained. On 10 May 1996 the expert submitted his opinion to the court. On 24 September 1996 the court held a hearing and heard evidence from the expert. The applicant requested the court to take new expert evidence.

During the hearing held on 24 April 1997 the court heard several witnesses. The applicant asked the court to appoint another expert. On 16 June 1997 the applicant applied for an exemption from the costs involved in obtaining an expert opinion. His request was granted on 28 October 1997. On 28 October 1997 another expert submitted his opinion to the trial court.

On 17 July 1998 the applicant asked the court to set a date for a hearing. He stressed that the court had only held two hearings per year. The next hearing was fixed for 9 November 1998, but was adjourned at the parties' request.

On 16 April 1999 the applicant again asked the court to obtain new expert evidence and set a date for a hearing as soon as possible. He submitted that he had been suffering from various ailments and for that reason the court should give priority to his case.

On 8 October 1999 the court, sitting in camera, decided to obtain an opinion from another expert. On 14 December 1999 the expert submitted his opinion to the court.

On an unspecified later date the applicant complained to the Ombudsman about the length of the proceedings. On 22 October 1999 the Ombudsman informed the applicant that his complaint had been referred to the President of the Warsaw Regional Court.

During the hearing held on 15 March 2000 the court heard an expert and ordered the parties to state their position within two weeks. The applicant submitted his pleadings on 27 March 2000.

On 25 August 2000 the applicant complained to the Minister of Justice, maintaining that the court was particularly slow in dealing with the case. In a letter to the applicant of 29 September 2000 the Minister of Justice conceded that the length of the proceedings was excessive.

On 11 October 2000 the Regional Court held a hearing. On 7 November 2000 the court held a viewing of the site. On 8 January 2001 and 12 March 2002 the court held further hearings.

On an unknown later date the Regional Court and the Court of Appeal gave judgments. Upon the applicant's subsequent cassation appeal, the proceedings are pending before the Supreme Court.