PROCEDURE

The case originated in an application (no. 1524/02) 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, Mr Zbigniew Majchrzak (“the applicant”), on 23 June 2001.

The Polish Government (“the 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. 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 1943 and lives in Poznań, Poland.

1. The facts prior to 1 May 1993

W.M., the applicant’s father died intestate in 1988. In November 1990, P.M., the applicant’s mother, requested the Poznań District Court to declare that she and her three children, including the applicant, were entitled to inherit from W.M.

In the course of those proceedings, the applicant’s mother, who had made three different wills, died in 1992. Consequently, on 9 March 1992 the applicant requested to join the case concerning the persons entitled to inherit from his mother to the original proceedings.

The District Court held 6 hearings in 1992.

2. The facts after 1 May 1993

The District Court held 4 hearings on the following dates: 27 September 1993; 4 August and 28 October 1994; and 2 October 1995.

On 11 February 1994 the court ordered that evidence from an expert be obtained. The expert report was served on the parties on 18 March 1994. On 28 October 1994 the court ordered that evidence from a handwriting expert be obtained. The expert report was submitted to the court on 7 June 1995.

On 16 October 1995 the Poznań District Court gave its decision (postanowienie). It ruled that the estate of W.M. should pass, according to the relevant statute, to the applicant’s mother, the applicant, his sister (B.K.) and W.M.’s granddaughter. In respect of the persons entitled to inherit from the applicant’s mother, the District Court held that her entire estate should pass to the applicant’s sister on the basis of the will made in 1990. The applicant appealed against the District Court’s decision.

On 27 February 1996 the Poznań Regional Court quashed the District Court’s decision on the persons entitled to inherit from the applicant’s mother and accordingly, remitted the case in part. It found that the first-instance proceedings in that respect had been null and void on the ground that M.M. (the applicant’s daughter), who had a legal interest in the case, had not been summoned to participate in the proceedings. The Regional Court upheld the remainder of the first-instance decision.

In the subsequent proceedings the District Court held 8 hearings on the following dates: 7 January, 26 September and 28 November 1997; 12 May, 21 August and 22 December 1998; and 8 and 22 February 1999.

On 18 March 1999 the Poznań District Court ruled that B.K. (the applicant’s sister) was the only person entitled to inherit from the applicant’s mother in accordance with the 1990 will. The applicant appealed against the District Court’s decision.

The Poznań Regional Court held a hearing on 9 November 1999. On 26 November 1999 it quashed the decision and remitted the case.

On 2 January 2001 the Poznan District Court held the first and the only hearing. On the same day it held in a decision that the only person entitled to inherit from P.M., the applicant’s mother, was M.M. (the applicant’s daughter) in accordance with the will made in 1988. It appears that none of the parties appealed against that decision.