PROCEDURE

The case originated in an application (no. 39597/98) against the Republic of Poland lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Ewa Biskupska (“the applicant”), on 15 July 1997.

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

The applicant alleged, in particular, that the proceedings in her case had exceeded a reasonable time.

The application was transmitted to the Court on 1 November 1998, when Protocol No. 11 to the Convention came into force (Article 5 § 2 of Protocol No. 11).

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.

On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Fourth Section (Rule 52 § 1).

By a decision of 26 March 2002 the Court declared the application partly admissible.

THE FACTS

The applicant was born in 1952 and lives in Warsaw.

On 13 July 1995 the applicant filed with the Warszawa-Mokotów District Court (Sąd Rejonowy) an action against the Office of the Council of Ministers (Urząd Rady Ministrów) and a housing co-operative K. In her action she requested, inter alia, that a flat be granted to her, submitting that the area of the one allocated to her by co-operative K, on the basis of an agreement between it and the Office of the Council of Ministers, allegedly differed from the area indicated in the decision granting it to her. The applicant also claimed damages for losses allegedly sustained by her as a result of the increase of construction costs.

On 18 July 1995 the District Court declared its lack of jurisdiction over the case and transmitted it to the Warsaw Regional Court (Sąd Wojewódzki).

On 23 September 1995 the court ordered the applicant to indicate the value of her claim (wartość przedmiotu sporu). On 5 October 1995 the court again ordered her to indicate that value, considering that the information provided by her in reply to the previous court order was not satisfactory. In her letter of 16 October 1995 the applicant indicated the value of her claim. On 8 November 1995 she was again ordered to provide certain information concerning the value of the claim. On 23 November 1995 she submitted the relevant information.

On 27 November 1995 the Warsaw Regional Court, having examined the applicant's request, exempted her partially from the court fees. She appealed against that decision. On 27 February 1996 the Warsaw Court of Appeal (Sąd Apelacyjny) dismissed her appeal.

On 13 May 1996 the Warsaw Regional Court refused the applicant's request for free legal assistance, considering that at that stage of the proceedings legal assistance was not necessary. The court noted that neither the circumstances of the case, nor the applicant's financial situation called for granting her a legal-aid lawyer. The applicant appealed against that decision. On 19 July 1996 the Warsaw Court of Appeal dismissed her appeal.

On 9 October 1996 the Warsaw Regional Court held a hearing. On the same day the defendant co-operative lodged a counter-claim against the applicant.

In the pleadings of 15 December 1996 the applicant's lawyer modified her action and raised additional claims, inter alia, for compensation for the allegedly deceitful taking over of her previous flat by the Office of the Council of Ministers.

On 30 July 1997 the applicant requested an interim measure. On 13 August 1997 the court dismissed her request.

On 19 January 1998 the applicant filed another request for an interim measure. On 23 January 1998 the court dismissed it. The applicant appealed against that decision and requested exemption from the court fees relating to that appeal.

On 24 March 1998 the court held a hearing.

On 3 August 1998 the defendant co-operative's lawyer requested the court not to fix hearings between 15 September and 15 October 1998 because of his vacation plans.

On 30 September 1998 the Warsaw Court of Appeal dismissed the applicant's appeal against the decision of 23 January 1998.

On 17 February 1999 the applicant submitted a request for legal assistance, stating that she had not been able to contact a lawyer chosen by her.

At the hearing held on 9 June 1999 the court ordered an expert opinion concerning the construction costs.

On 2 July 1999 it requested the Office of the President of the Council of Ministers to submit documentation concerning the financing of the construction of the applicant's house. On 29 December 1999 the court repeated its request.

On 14 January 2000 the Office informed the court that it did not possess any such documentation.

On 19 January and 3 April 2001 the court held hearings.

On 22 February 2001, in reply to the applicant's complaint, the Ministry of Justice admitted that the proceedings were lengthy and informed her that they had been taken under the President of the Regional Court's administrative supervision.

On 10 April 2001 the applicant modified her claim and requested exemption from court fees.

On 18 June 2001 the court refused her request. On 30 August 2001 the Warsaw Court of Appeal dismissed the applicant's appeal against that decision.

On 6 December 2001 the Regional Court summoned the applicant to pay a fee relating to her extended claim.

On 24 January 2002 it declined her request for an interim order.

On 18 June 2002 the court stayed the proceedings. On 9 December 2002 the Court of Appeal quashed that decision.

On 27 January 2003 the Regional Court rejected the applicant's additional claim of 10 April 2002, since she had not paid the due fee. On the same day it ordered an expert opinion.

On 10 April 2003 the court granted the applicant partial exemption from court costs.

The proceedings are still pending.
NOT_CONFIDENTIAL
check
001-61245_a4_e1
001-61245_a4_em1
CODE
DIRECT
39597/98
NOT_CONFIDENTIAL
check
001-61245_a4_e2
001-61245_a4_em2
ORG
NO_MASK
Republic of Poland
ETHNIC
insert
001-61245_a4_e3
001-61245_a4_em3
DEM
NO_MASK
Polish national
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check
001-61245_a4_e4
001-61245_a4_em4
PERSON
DIRECT
Ewa Biskupska
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check
001-61245_a4_e5
001-61245_a4_em5
DATETIME
QUASI
15 July 1997
NOT_CONFIDENTIAL
insert
001-61245_a4_e6
001-61245_a4_em6
ORG
NO_MASK
Polish Government
NOT_CONFIDENTIAL
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001-61245_a4_e7
001-61245_a4_em7
PERSON
NO_MASK
Mr K. Drzewicki
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001-61245_a4_em8
ORG
NO_MASK
Ministry of Foreign Affairs
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001-61245_a4_e9
001-61245_a4_em9
DATETIME
NO_MASK
1 November 1998
NOT_CONFIDENTIAL
insert
001-61245_a4_e10
001-61245_a4_em10
DATETIME
NO_MASK
1 November 2001
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001-61245_a4_e11
001-61245_a4_em11
DATETIME
QUASI
26 March 2002
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001-61245_a4_e12
001-61245_a4_em12
DATETIME
QUASI
1952
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LOC
QUASI
Warsaw
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001-61245_a4_em14
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QUASI
13 July 1995
NOT_CONFIDENTIAL
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Warszawa-Mokotów District Court (Sąd Rejonowy)
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ORG
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Office of the Council of Ministers (Urząd Rady Ministrów)
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001-61245_a4_e17
001-61245_a4_em17
PERSON
QUASI
K.
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correct
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K
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001-61245_a4_e19
001-61245_a4_em19
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18 July 1995
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NO_MASK
District Court
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001-61245_a4_em21
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Warsaw Regional Court (Sąd Wojewódzki)
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QUASI
23 September 1995
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DATETIME
QUASI
5 October 1995
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DATETIME
QUASI
16 October 1995
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DATETIME
QUASI
8 November 1995
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001-61245_a4_em26
DATETIME
QUASI
23 November 1995
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001-61245_a4_em27
DATETIME
QUASI
27 November 1995
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Warsaw Regional Court
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27 February 1996
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Warsaw Court of Appeal (Sąd Apelacyjny)
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001-61245_a4_e31
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13 May 1996
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NO_MASK
Warsaw Regional Court
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19 July 1996
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NO_MASK
Warsaw Court of Appeal
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9 October 1996
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001-61245_a4_em36
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NO_MASK
Warsaw Regional Court
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QUASI
15 December 1996
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001-61245_a4_em38
DATETIME
QUASI
30 July 1997
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QUASI
13 August 1997
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QUASI
19 January 1998
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QUASI
23 January 1998
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QUASI
24 March 1998
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001-61245_a4_em43
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3 August 1998
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001-61245_a4_em44
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between 15 September and 15 October 1998
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001-61245_a4_em45
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QUASI
30 September 1998
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NO_MASK
Warsaw Court of Appeal
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QUASI
23 January 1998
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QUASI
17 February 1999
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QUASI
9 June 1999
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001-61245_a4_em50
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QUASI
2 July 1999
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NO_MASK
Office of the President of the Council of Ministers
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001-61245_a4_em52
DATETIME
QUASI
29 December 1999
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DATETIME
QUASI
14 January 2000
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001-61245_a4_em54
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NO_MASK
Office
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001-61245_a4_em55
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QUASI
19 January and 3 April 2001
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001-61245_a4_em56
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QUASI
22 February 2001
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001-61245_a4_e53
001-61245_a4_em57
DEM
NO_MASK
Ministry of Justice
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001-61245_a4_em58
ORG
NO_MASK
Regional Court's
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001-61245_a4_em59
DATETIME
QUASI
10 April 2001
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DATETIME
QUASI
18 June 2001
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QUASI
30 August 2001
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001-61245_a4_em62
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NO_MASK
Warsaw Court of Appeal
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001-61245_a4_e58
001-61245_a4_em63
DATETIME
QUASI
6 December 2001
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001-61245_a4_em64
ORG
NO_MASK
Regional Court
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001-61245_a4_em65
DATETIME
QUASI
24 January 2002
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18 June 2002
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DATETIME
QUASI
9 December 2002
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001-61245_a4_e63
001-61245_a4_em68
ORG
NO_MASK
Court of Appeal
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001-61245_a4_e64
001-61245_a4_em69
DATETIME
QUASI
27 January 2003
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001-61245_a4_e59
001-61245_a4_em70
ORG
NO_MASK
Regional Court
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001-61245_a4_em71
DATETIME
QUASI
10 April 2002
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001-61245_a4_e66
001-61245_a4_em72
DATETIME
QUASI
10 April 2003
Ewa Biskupska
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Ewa Biskupska