PROCEDURE

The case originated in an application (no. 74168/01) 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 Benedykt Wilkowicz (“the applicant”), on 17 May 2001.

The applicant, who had been granted legal aid, was represented by Mr P. Sołhaj, a lawyer practising in Kraków. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, of the Ministry of Foreign Affairs.

The applicant alleged, relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, that his right to a fair hearing and his right to the peaceful enjoyment of his possessions had been breached because of delays in the enforcement of a judgment given by a civil court and of a final administrative decision granting him certain social insurance rights.

On 6 January 2008 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

By a decision of 25 August 1995 the Social Insurance Authority in Kraków awarded a pension to the applicant. It was to be paid to him for a period beginning on 1 May 1993.

Under the applicable provisions of domestic law, the Military Pensions Office was competent to make payments to the applicant, but it failed to do so. In a letter to the Office dated 16 October 1995, the Director of the Social Insurance Authority confirmed the applicant’s entitlement to a military pension.

As the Military Pensions Office still refused to make payments, apparently considering that the 1995 decision was not in conformity with the law, the applicant lodged an action with the Kraków Regional Court on 8 November 1995, complaining about the Office’s failure to pay. In its pleadings, the Office argued that the decision had been given in breach of substantive provisions of the applicable social insurance laws. It further indicated that it had informed the Social Insurance Authority about its doubts as to the lawfulness of the decision. Subsequently, the Authority had summoned the applicant to undergo an additional medical examination. As the applicant had failed to comply with the summons, payment of a part of his pension had been stayed with effect from 1 May 1996.

By a judgment of 4 March 1999 the court allowed the applicant’s action. It ordered the Military Pensions Office to pay the amount of pension due for the period from 1 May 1993 to 1 May 1996. It noted the decision staying payment of the applicant’s pension. However, it stressed that the decision given on 25 August 1995 had not been appealed against and, as a result, had become final. The Office was therefore bound by it. There were no grounds for not paying the applicant the amounts due for the years 1993‑1996. The court was not competent to re‑examine the lawfulness of the 1995 decision in the proceedings before it.

The Military Pensions Office appealed. It reiterated that, in its view, the 1995 decision had not been in compliance with the substantive law.

On 28 November 2000 the Kraków Court of Appeal upheld the judgment, finding that the first-instance court had correctly found that it had not been empowered to re-examine the lawfulness of the 1995 decision. It further reiterated that this decision had to be complied with by the Office.

On 29 November 2000 the applicant reiterated his request to have the amounts due paid to him, but to no avail. Subsequently, the Military Pensions Office lodged a cassation appeal against this judgment with the Supreme Court.

On 1 and 22 March 2001 the applicant complained to the Ministry of Defence and to the Prime Minister about the Office’s failure to pay him the pension.

By a decision of 16 May 2002 the Supreme Court dismissed the appeal lodged by the Office, finding that it had failed to comply with the relevant procedural requirements.

In December 2002 the Military Pensions Office paid the applicant the amounts in arrears together with statutory interest.
NOT_CONFIDENTIAL
check
001-89271_a6_e1
001-89271_a6_em1
CODE
DIRECT
74168/01
NOT_CONFIDENTIAL
correct
001-89271_a6_e2
001-89271_a6_em2
ORG
NO_MASK
Republic of Poland
NOT_CONFIDENTIAL
check
001-89271_a6_e2
001-89271_a6_em3
DEM
QUASI
Polish
NOT_CONFIDENTIAL
check
001-89271_a6_e3
001-89271_a6_em4
PERSON
DIRECT
Mr Benedykt Wilkowicz
NOT_CONFIDENTIAL
check
001-89271_a6_e4
001-89271_a6_em5
DATETIME
QUASI
17 May 2001
NOT_CONFIDENTIAL
check
001-89271_a6_e5
001-89271_a6_em6
PERSON
QUASI
Mr P. Sołhaj
NOT_CONFIDENTIAL
check
001-89271_a6_e6
001-89271_a6_em7
LOC
QUASI
Kraków
NOT_CONFIDENTIAL
correct
001-89271_a6_e2
001-89271_a6_em8
ORG
NO_MASK
001-89271_a6_em2
Polish
NOT_CONFIDENTIAL
check
001-89271_a6_e7
001-89271_a6_em9
PERSON
QUASI
Mr J. Wołąsiewicz
NOT_CONFIDENTIAL
check
001-89271_a6_e8
001-89271_a6_em10
DATETIME
QUASI
6 January 2008
NOT_CONFIDENTIAL
check
001-89271_a6_e9
001-89271_a6_em11
DATETIME
QUASI
25 August 1995
NOT_CONFIDENTIAL
check
001-89271_a6_e10
001-89271_a6_em12
ORG
NO_MASK
Social Insurance Authority
NOT_CONFIDENTIAL
correct
001-89271_a6_e6
001-89271_a6_em13
LOC
QUASI
Kraków
NOT_CONFIDENTIAL
check
001-89271_a6_e11
001-89271_a6_em14
DATETIME
QUASI
1 May 1993
NOT_CONFIDENTIAL
check
001-89271_a6_e12
001-89271_a6_em15
ORG
NO_MASK
Military Pensions Office
NOT_CONFIDENTIAL
check
001-89271_a6_e13
001-89271_a6_em16
DATETIME
QUASI
16 October 1995
NOT_CONFIDENTIAL
check
001-89271_a6_e10
001-89271_a6_em17
ORG
NO_MASK
Social Insurance Authority
NOT_CONFIDENTIAL
check
001-89271_a6_e12
001-89271_a6_em18
ORG
NO_MASK
Military Pensions Office
NOT_CONFIDENTIAL
check
001-89271_a6_e14
001-89271_a6_em19
DATETIME
QUASI
1995
NOT_CONFIDENTIAL
check
001-89271_a6_e15
001-89271_a6_em20
ORG
QUASI
Kraków Regional Court
NOT_CONFIDENTIAL
check
001-89271_a6_e16
001-89271_a6_em21
DATETIME
QUASI
8 November 1995
NOT_CONFIDENTIAL
check
001-89271_a6_e10
001-89271_a6_em22
ORG
NO_MASK
Social Insurance Authority
NOT_CONFIDENTIAL
check
001-89271_a6_e10
001-89271_a6_em23
ORG
QUASI
001-89271_a6_em22
Authority
NOT_CONFIDENTIAL
check
001-89271_a6_e17
001-89271_a6_em24
DATETIME
QUASI
1 May 1996
NOT_CONFIDENTIAL
check
001-89271_a6_e18
001-89271_a6_em25
DATETIME
QUASI
4 March 1999
NOT_CONFIDENTIAL
check
001-89271_a6_e12
001-89271_a6_em26
ORG
NO_MASK
Military Pensions Office
NOT_CONFIDENTIAL
check
001-89271_a6_e11
001-89271_a6_em27
DATETIME
QUASI
1 May 1993
NOT_CONFIDENTIAL
check
001-89271_a6_e17
001-89271_a6_em28
DATETIME
QUASI
1 May 1996
NOT_CONFIDENTIAL
check
001-89271_a6_e9
001-89271_a6_em29
DATETIME
QUASI
25 August 1995
NOT_CONFIDENTIAL
insert
001-89271_a6_e19
001-89271_a6_em30
DATETIME
QUASI
1993‑1996
NOT_CONFIDENTIAL
check
001-89271_a6_e14
001-89271_a6_em31
DATETIME
QUASI
1995
NOT_CONFIDENTIAL
check
001-89271_a6_e12
001-89271_a6_em32
ORG
NO_MASK
Military Pensions Office
NOT_CONFIDENTIAL
check
001-89271_a6_e14
001-89271_a6_em33
DATETIME
QUASI
1995
NOT_CONFIDENTIAL
check
001-89271_a6_e20
001-89271_a6_em34
DATETIME
QUASI
28 November 2000
NOT_CONFIDENTIAL
check
001-89271_a6_e21
001-89271_a6_em35
ORG
NO_MASK
Kraków Court of Appeal
NOT_CONFIDENTIAL
check
001-89271_a6_e14
001-89271_a6_em36
DATETIME
QUASI
1995
NOT_CONFIDENTIAL
check
001-89271_a6_e22
001-89271_a6_em37
DATETIME
QUASI
29 November 2000
NOT_CONFIDENTIAL
check
001-89271_a6_e12
001-89271_a6_em38
ORG
NO_MASK
Military Pensions Office
NOT_CONFIDENTIAL
check
001-89271_a6_e23
001-89271_a6_em39
ORG
NO_MASK
Supreme Court
NOT_CONFIDENTIAL
check
001-89271_a6_e24
001-89271_a6_em40
DATETIME
QUASI
22 March 2001
NOT_CONFIDENTIAL
check
001-89271_a6_e25
001-89271_a6_em41
ORG
NO_MASK
Ministry of Defence
NOT_CONFIDENTIAL
check
001-89271_a6_e26
001-89271_a6_em42
DATETIME
QUASI
16 May 2002
NOT_CONFIDENTIAL
check
001-89271_a6_e23
001-89271_a6_em43
ORG
NO_MASK
Supreme Court
NOT_CONFIDENTIAL
check
001-89271_a6_e27
001-89271_a6_em44
DATETIME
QUASI
December 2002
NOT_CONFIDENTIAL
check
001-89271_a6_e12
001-89271_a6_em45
ORG
NO_MASK
Military Pensions Office
Benedykt Wilkowicz
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Benedykt Wilkowicz