PROCEDURE

The case originated in an application (no. 57468/00) 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 Dańczak (“the applicant”), on 24 May 1999.

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 4 May 2004 the Court declared the application admissible.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1954 and lives in Sapy, Poland.

A. Facts prior to 1 May 1993

On 17 July 1992 the applicant lodged with the Skierniewice Regional Court (Sąd Wojewódzki) an action for damages against his neighbours. He claimed that the defendants had caused damage to his barn by improperly storing silage and animal waste.

In 1992 two hearings were adjourned.

On 16 February 1993 the court held a hearing at which it heard the parties and witnesses and ordered an expert opinion.

B. Facts after 30 April 1993

On 3 August 1993 an expert submitted his opinion to the court. The defendants' lawyer contested the expert's opinion.

A hearing scheduled for 17 September 1993 was adjourned due to the absence of the defendants' lawyer.

On 14 October 1993 the court held a hearing and heard an expert witness.

On an unknown later date, at the applicant's lawyer's request, the court ordered another expert opinion. In January 1994 the opinion was submitted to the court. Subsequently, the defendants' lawyer requested the court to order a supplementary expert opinion.

On 29 March 1994 the court held a hearing. It heard two witnesses and an expert witness.

Subsequently, the defendants' lawyer requested the court to order yet another expert opinion.

In August 1994 the applicant's and the defendants' lawyers requested the court not to schedule any hearings until 30 September 1994 because of their respective holidays.

On 8 December 1994 the court dismissed the defendants' request for exemption from the court fees. They lodged an appeal but on 9 January 1995 the Łódź Court of Appeal dismissed it.

In May 1995 the trial court asked the defendants to indicate an expert who would prepare an opinion.

Two subsequent hearings scheduled for 31 January and 23 February 1996 were adjourned due to the illness of the defendants and their lawyer.

On 10 July 1996 the court, sitting in camera, ordered another expert opinion.

On 6 August 1996 the defendant's lawyer requested the court to appoint two other experts indicated by him. On 15 November 1996 the trial court dismissed this application.

On 17 March 1997 an expert opinion was submitted to the court.

In June 1997 the case was assigned to another judge.

Subsequently, the applicant's lawyer requested the court not to schedule any hearings until 30 August 1997 because of his holidays.

On 8 September 1997 the court stayed the proceedings because one of the defendants had died. Later, his heirs joined the proceedings.

On 21 January 1998 the trial court resumed the proceedings and sent the case‑file to an expert in order to obtain an opinion.

On 20 March 1998 the expert submitted his opinion to the court.

Between 30 March 1994 and 5 May 1998 no hearings were held.

On 6 May 1998 the court held a hearing.

On 15 July 1998 the applicant's lawyer again requested the court not to schedule hearings during his holidays.

A hearing scheduled for 30 October 1998 was adjourned due to the absence of the defendants' lawyer.

In December 1998 the defendants' lawyer requested the court not to schedule any hearings between 1 December and 20 December 1998, and subsequently, until 1 February 1999.

A hearing scheduled for 8 February 1999 was adjourned because of the absence of the defendants' lawyer.

Between 7 May 1998 and 17 March 1999 no hearings were held.

On 18 March 1999 the court held a hearing.

On 31 March 1999 the Regional Court gave judgment in which it dismissed the applicant's claim.

The applicant lodged an appeal against the judgment.

On 21 October 1999 the Łódź Court of Appeal (Sąd Apelacyjny) dismissed his appeal and upheld the first-instance judgment.
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CODE
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57468/00
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correct
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ORG
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Republic of Poland
ETHNIC
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DEM
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Polish national
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PERSON
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Mr Jan Dańczak
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24 May 1999
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Polish Government
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Mr K. Drzewicki
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Mr. J. Wołąsiewicz
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Ministry of Foreign Affairs
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4 May 2004
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DATETIME
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1954
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LOC
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Sapy, Poland
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1 May 1993
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17 July 1992
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Skierniewice Regional Court (Sąd Wojewódzki)
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1992
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16 February 1993
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30 April 1993
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3 August 1993
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17 September 1993
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14 October 1993
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January 1994
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29 March 1994
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August 1994
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30 September 1994
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8 December 1994
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9 January 1995
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Łódź Court of Appeal
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May 1995
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31 January
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23 February 1996
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10 July 1996
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6 August 1996
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15 November 1996
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17 March 1997
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June 1997
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30 August 1997
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8 September 1997
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21 January 1998
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20 March 1998
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30 March 1994
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5 May 1998
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6 May 1998
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15 July 1998
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30 October 1998
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December 1998
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between 1 December and 20 December 1998
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1 February 1999
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7 May 1998
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18 March 1999
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31 March 1999
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Regional Court
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21 October 1999
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Łódź Court of Appeal (Sąd Apelacyjny)
Jan Dańczak
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Jan Dańczak