Information Note on the Court’s case-law 58

November 2003

Łobarzewski v. Poland - 77757/01

Judgment 25.11.2003 [Section IV]

Article 6

Civil proceedings

Article 6-1

Reasonable time

Effect on length of proceedings of modification of claim to take account of inflation

Extract:“The Court observes that, while an applicant is entitled to make use of his procedural right to extend his claim in a civil case, he must be a ware that it may lead to delays the consequences of which he would have to bear. It is particularly true in a situation were modification of the claim results in the transfer of the case to a higher court and possibly in the repetition of some of the trial court's proceedings. The Court is of the opinion that when such extension of the claim takes place in the course of judicial proceedings which are diligently and promptly conducted, the Government cannot be held responsible for the resulting delays. On th e other hand, if the proceedings have already been affected by clear delays, the extension of the claim may be regarded as the only way for the plaintiff to cope with inflation and to adjust his claim to the changing economic context. In such a situation, the applicant cannot be reasonably expected to bear the consequences of further delays resulting from his action, unless the Government proves that there was no link between the extension of the claim and the delays which have already occurred in the cours e of the proceedings.

The Court notes that, in the case under consideration, the applicant extended his claim after his case had already been pending before the first instance court for over thirteen years and that the proceedings had already been affected by unreasonable delays. Therefore, the Court sees no reason to find that the applicant contributed to the prolongation of the proceedings.”

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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