PROCEDURE

The case originated in an application (no. 51768/99) 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 Jan Młynarczyk (“the applicant”), on 9 April 1999.

The applicant was represented by Ms B. Słupska-Uczkiewicz, a lawyer practising in Wrocław.

The Polish Government (“the Government”) were represented by their Agents, Mr K. Drzewicki, and subsequently, Mr. J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant alleged, in particular, that the length of civil proceedings in his case had been excessive.

The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

By a decision of 3 February 2004 the Court declared the application admissible.

THE FACTS

The applicant was born in 1950 and lives in Wrocław, Poland.

A. Facts prior to 1 May 1993

The applicant, who is a trombone player and since 1969 has been playing with the jazz band “Sami Swoi”, became its leader after a split in 1990. Mr Z.C. who had left the band in the same year, started playing with a new band using the name “The New Sami Swoi Orchestra”.

On 30 October 1990 the applicant lodged with the Wrocław Regional Court (Sąd Wojewódzki) an action for protection of his personal rights against Z.C. The applicant contended that the defendant had infringed his personal rights by having used the name “Sami Swoi” without his consent. He requested the court, inter alia, to order the defendant not to use that name in the future.

On 17 July 1992 the trial court dismissed his action.

The applicant appealed against that judgment.

B. Facts after 30 April 1993

On 9 December 1993 the Wrocław Court of Appeal (Sąd Apelacyjny) quashed the first-instance judgment and remitted the case to the trial court.

On 12 June and 5 September 1995 the court held hearings. Both parties applied for an expert opinion. The applicant made a friendly settlement proposal but the defendant did not agree to it.

On 13 February 1996 the applicant requested the court not to order an expert opinion and argued that such opinion would be unnecessary.

On 15 February 1996 the trial court, sitting in camera, ordered preparation of an expert opinion.

In March 1996 the applicant asked for exemption from the costs of the expert opinion and appealed against the decision of 15 February 1996. On 1 April and 23 May 1996 the court dismissed his applications.

In August 1996 the court-appointed expert refused to prepare his opinion. Subsequently, the trial court twice requested the Katowice University Musical Academy to indicate an expert.

On 12 March 1997 the court ordered a new expert, Mr A.Z., to prepare an opinion. However, that expert failed to prepare the requested opinion.

In June 1997 the court appointed another expert, Mr K.K., to write an opinion in the case. However, due to his illness, the expert failed to prepare the opinion.

On 9 March 1998 the trial court ordered Mr H.M. to prepare an expert opinion. The expert did not prepare the opinion and in December 1998 he returned the case-file to the court.

On 6 January 1999 the trial court fined the expert for non‑compliance with the court's order.

On 15 February 1999 the court ordered another expert, Mr T.T., to prepare an opinion.

On 2 July 1999 the expert submitted his opinion to the court.

Between 6 September 1995 and 24 November 1999 no hearings were held.

Subsequently, the trial court held hearings on 25 November and 17 December 1999.

On 14 January 2000 the Chorzów District Court heard a witness.

The next hearings were held on 23 May, 13 July, 18 September, 3 November and 17 November 2000.

On 1 December 2000 the Wrocław Regional Court gave judgment and ordered the defendant to publish a press statement that the applicant was solely entitled to use the name “Sami Swoi” for his band. It dismissed the remainder of the applicant's action.

The defendant appealed against that judgment to the Wrocław Court of Appeal.

On 18 May 2001 the Wrocław Court of Appeal gave judgment in which it dismissed the defendant's appeal.