PROCEDURE

The case originated in an application (no. 7530/02) 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 Maria Iżykowska (“the applicant”), on 5 August 2001.

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

On 8 July 2003 the President of the Fourth Section 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 was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

The applicant was born in 1950 and lives in Warszawa.

On 15 October 1993 the Warsaw District Court (Sąd Rejonowy) declared that the heirs to the applicant late mother's estate were the applicant, her father, and her sister. The estate consisted of a house and a plot of land located in Warsaw.

On 14 November 1994 the applicant's sister (“the petitioner”) instituted non-contentious proceedings (postępowanie nieprocesowe) before the Warsaw District Court (Sąd Rejonowy w Warszawie) in which she requested that the co-ownership of the house and the land be dissolved.

On 22 March 1995 the court held the first hearing.

Subsequently, hearings were held on 1 February, 7 March and 15 October 1996.

On 6 January 1997 the court, sitting in camera, decided to obtain an expert opinion. On 15 February 1997 an expert prepared the opinion. On 21 February 1997 the District Court, sitting in camera, gave a decision regarding the fee for the expert.

Between 16 October 1996 and 28 October 1997 no hearings were held.

The hearings scheduled for 29 October and 16 December 1997 were adjourned because of the absence of the petitioner.

Subsequently, hearings were held on 4 February, 19 June and 31 July 1998.

On 22 October 1998 the court ordered a second expert opinion. The opinion was submitted to the court on 20 January 1999.

Between 1 August 1998 and 15 April 1999 no hearings were held.

Hearings scheduled for 16 April, 2 June, and 9 September 1999 were adjourned because of the absence of the petitioner and expert witnesses.

On 22 November 1999 the District Court held the next hearing at which it ordered that a fourth expert opinion be prepared.

Between 23 November 1999 and 8 November 2001 no hearings were held.

Subsequently, the court held hearings on 9 November and 5 December 2001 as well as 21 February 2002.

On 24 January and 7 April 2003 the Warsaw District Court held hearings.

The proceedings are pending.