Information Note on the Court’s case-law 22

September 2000

Wojnowicz v. Poland - 33082/96

Judgment 21.9.2000 [Section IV]

Article 6

Civil proceedings

Article 6-1

Reasonable time

Length of civil proceedings: violation

Facts : The application concerns the length of civil proceedings which began in 1987. In 1995 an appellate court divided the proceedings into two separate sets, both of which are still pending.

Law : Article 6 § 1 – The Court is not competent to examine the period prior to 1 May 1993, when Poland’s recognition of the right of petition took effect, but it may take into account the stage reached in the proceedings at that date. In that respect, the Mini stry of Justice had acknowledged as early as 1989 that the length had exceeded a reasonable time. The period to be examined is 7 years 4 months. The case was not of such complexity as to justify this length and the applicant bears no responsibility for the length. There were, however, periods of inactivity attributable to the judicial authorities, for which no convincing explanation has been given.

Conclusion : violation (unanimously).

Article 41 – The Court dismissed the applicant’s claim in respect of pecu niary damage as speculative. It awarded him PLN 25,000 in respect of costs.

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

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