FOURTH SECTION

DECISION

PILOT-JUDGMENT PROCEDURE

Application no. 4330/07 by Tadeusz JANCZAK against Poland

The European Court of Human Rights (Fourth Section), sitting on 23 September 2008 as a Chamber composed of:

Nicolas Bratza , President, Lech Garlicki , Giovanni Bonello , Ljiljana Mijović , David Thór Björgvinsson , Ján Šikuta , Päivi Hirvelä , judges, and Lawrence Early , Section Registrar ,

Having regard to the above application lodged on 27 October 2006 ,

Having regard to the decision to apply the pilot-judgment procedure and to adjourn its consideration of applications deriving from the same systemic problem identified in the case of Broniowski v. Poland (no. 31443/96),

Having regard to the decisions to strike the applications Wolkenberg and Others v. Poland (no. 50003/99) and Witkowska-Toboła v. Poland (no. 11208/02) out of the Court ’ s list of cases,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Tadeusz Janczak , is a Polish national who was born in 1929 and lives in Dobrocin .

A. Historical background to Bug River cases before the Court

(See E.G. v. Poland , no. 50425/99, §§ 2-5) .

B . Particular circumstances of case no. 4330/07

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 29 December 1987 the Ostróda District Court ( Sąd Rejonowy ) gave a decision declaring that the applicant and his father had inherited the entire estate left by his mother.

On 14 January 1982 the Mława District Court ( Sąd Rejonowy ) gave a decision declaring that the applicant had acquired his late father ’ s estate.

On 6 March 1996 the applicant obtained a certificate issued by the Head of the Morąg District Office ( Kierownik Urzędu Rejonowego ) confirming that he had the right to compensation for the property abandoned in the territories beyond the Bug River .

On 15 October 1996 the applicant acquired a plot of land in compensation for the property abandoned in the territories beyond the Bug River .

On 6 October 1997 the applicant acquired further compensatory plots of land.

The applicant estimated that the value of the acquired property amounted to 13.08 % of the value of the abandoned property.

The applicant made further attempts to recover the remainder of the compensation. On 11 April 2006 the Warsaw Admistrative Regional Court ( Wojewódzki Sąd Administracyjny ) dismissed the applicant ’ s complaint against the decision of the Warminsko-Mazurski Governor ( Wojewoda ) issued on 20 July 2004 refusing to confirm the applicant ’ s right to compensation for the property abandoned in the territories beyond the Bug River because he had not paid court fees.

C . Relevant domestic law and practice in respect of Bug River claims

(See E.G. v. Poland , no. 50425 /99, §§ 16-17 ) .

COMPLAINT

(See E.G. v. Poland , no. 50425 /99, § 18 ) .

THE LAW

(See E.G. v. Poland , no. 50425 /99, §§ 19-29 ) .

For these reasons, the Cour t unanimously

1. Decides to strike the application out of its list of cases;

2. Decides to close the pilot-judgment procedure applied in respect of the Bug River applications in the case of Broniowski v. Poland (no. 31443/96).

Lawrence Early Nicolas Bratza Registrar President