FOURTH SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 45211/99 by Wilhelm WOJTKIEWICZ against Poland

The European Court of Human Rights (Fourth Section), sitting on 17 June 2003 as a Chamber composed of

Sir Nicolas Bratza , President , Mrs E. Palm , Mrs V. Strážnická , Mr M. Fischbach , Mr J. Casadevall , Mr R. Maruste , Mr L. Garlicki , judges , and Mr M. O’Boyle , Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 9 September 1998,

Having deliberated, decides as follows:

THE FACTS

The applicant, Wilhelm Wojtkiewicz , is a Polish national, who was born in 1954 and lives in Bochnia , Poland.

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

In March 1991 a certain Mr X filed with the Bochnia District Court ( SÄ…d Rejonowy ) a request that the co-ownership of an estate be dissolved.

The court held hearings on 30 July 1991, 12 May 1992, 9 March 1993, 29 April 1994, 26 April 1995 and 8 May 1996.

On 29 August 1996 the applicant acquired by purchase a share in that estate.

On 6 September 1996 he requested the court to allow him to participate in the proceedings.

On 12 September 1996, as a party to the proceedings, he requested the court to appoint a guardian ad litem for those co-owners whose place of residence was not known and for the heirs of a late co-owner. The applicant further raised a claim for the establishing of the title to the disputed property and eviction of two individuals.

On 16 October 1996 the court granted the applicant leave to participate in the proceedings.

In November 1996 the case was transferred to the Kraków Nowa-Huta District Court.

Hearings were held on 4 February and 26 March 1997.

On 26 March 1997 the court refused to allow the former co-owners of the applicant’s share to participate in the proceedings. On 30 September 1997 the Kraków Regional Court ( Sąd Wojewódzki ) dismissed an appeal against that decision lodged by Mr X.

The District Court held hearings on 11 December 1997, as well as on 5 February and 3 December 1998.

On 28 February 1998 it refused certain co-owners’ request for an interim measure. They appealed and on 21 July 1998 the Regional Court quashed that decision and ordered the re-examination of the request. On 9 and 28 October 1998 the District Court ordered interim measures.

On 20 February 1999 the court stayed the proceedings, considering that it was first necessary to carry on proceedings concerning the distribution of inheritance from a late co-owner in order to establish the identity of the heirs and their shares in the estate. The applicant and certain other co-owners appealed and on 18 June 1999 the Kraków Regional Court quashed that decision. In its decision it also ordered the District Court to exclude from those proceedings the issue of the ownership title to the estate and initiate separate proceedings in this respect. It considered that in the light of a suspicion that Mr X and certain other participants in the proceedings could not be co-owners of the estate it was necessary to establish who had the genuine ownership title to the share allegedly owned by them.

The District Court carried out that order on 5 October 1999. On 11 October 1999 the court stayed the proceedings concerning the dissolution of the co-ownership until the proceedings concerning the establishment of the title to the disputed share were completed.

On 2 December 1999 the Kraków Nowa-Huta District Court declared its lack of jurisdiction over the case and transferred it to the Tarnów Regional Court.

On 7 December 1999 the District Court refused the applicant’s request, lodged on 12 September 1996, to appoint a guardian ad litem . On 17 March 2000 the Kraków Regional Court quashed that decision and ordered the re-examination of the request.

On 22 January 2001 the Kraków Court of Appeal ( Sąd Apelacyjny ), at a request of one of the defendants, excluded the judges of the Tarnów Regional Court from participation in the proceedings concerning the establishment of ownership title. The court found, inter alia , that the applicant used to work as a judge in that circuit and was acquainted with the judges from that court.

On 22 March 2001 the Kraków Regional Court held a hearing, at which it decided to examine the case-file of the proceedings concerning the dissolution of the co-ownership and consider whether the case dealt with by it could be joined to those proceedings.

On 11 June and 11 October 2001 the court held hearings.

On the latter date it gave judgment. The court dismissed the applicant’s claim. He and other plaintiffs appealed.

On 15 March 2002 the Kraków Court of Appeal quashed the judgment of the Regional Court and remitted the case for re-examination.

The proceedings are still pending.

THE LAW

The applicant’s complaint relates to the length of the proceedings, which he joined on 6 September 1996 and are still pending. The examination of his case has therefore already lasted 6 years, 9 months and 11 days.

According to the applicant, the length of the proceedings is in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention. The Government reject the allegation.

The Court considers, in the light of the criteria established in its case-law on the question of “reasonable time” (the complexity of the case, the applicant’s conduct and that of the competent authorities), and having regard to all the information in its possession, that an examination of the merits of this complaint is required.

For these reasons, the Court unanimously

Declares the application admissible, without prejudging the merits of the case.

Michael O’Boyle Nicolas Bratza Registrar President