PROCEDURE

The case originated in an application (no. 35431/05) 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 four Polish nationals, Mr Marian Piaskowski, Mrs Jolanta Piaskowska, Mr Jan Łuczyński and Mrs Anna Łuczyńska (“the applicants”), on 15 September 2005.

The applicants were represented by Mr M. Widawski, a lawyer practising in Pabianice. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 13 July 2007 the President of the Fourth Section decided to give notice of the application to the Government. Applying Article 29 § 3 of the Convention, it was decided to rule on the admissibility and merits of the application at the same time.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1947, 1953, 1953 and 1953 respectively and live in Łódź.

A. Main proceedings

On 7 December 2001 the Consumer Protection Association (Związek Obrony Konsumentów) acting on behalf of the applicants lodged a claim for payment with the Warszawa Regional Court (Sąd Okręgowy).

In a letter of 22 May 2003 the applicants’ legal adviser complained about the delay in the proceedings and asked for a hearing date to be fixed.

On 15 December 2003 the court held the first hearing.

From January to March 2003 the court held 2 hearings.

On 10 February 2004 the Warszawa District Court (Sąd Rejonowy) declared the defendant insolvent. Consequently, at a hearing held on 4 March 2004 the trial court stayed the proceedings ex lege.

The proceedings were resumed on 9 May 2007.

On 11 May 2007 the Warszawa Regional Court discontinued the proceedings in the case.

B. Proceedings under the 2004 Act

On 4 February 2005 the Consumer Protection Association acting on behalf of the applicants lodged a complaint with the Warszawa Court of Appeal (Sąd Apelacyjny) under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”).

The applicants sought a ruling declaring that the length of the proceedings before the Warszawa Regional Court had been excessive. They asked for an award of just satisfaction in the amount of 10,000 Polish zlotys (PLN) (approx. EUR 2,500).

On 15 March 2005 the Warszawa Court of Appeal dismissed the complaint. The court found that the 2004 Act produced legal effects as from the date of entry into force (17 September 2004), its provisions applied retroactively to all proceedings in which delays had occurred before that date and had not yet been remedied. It acknowledged that there had been a delay at the initial stage of the proceedings but found that this situation had ceased to exist when the 2004 Act entered into force.