Information Note on the Court’s case-law 57

October 2003

D.M. v. Poland - 13557/02

Judgment 14.10.2003 [Section IV]

Article 13

Effective remedy

Availability of a remedy in respect of the length of civil proceedings: violation

Facts : In 1994 the applicant initiated civil proceedings against the State Treasury alleging medical malpractice. The proceedings ended in February 2002.

Law : Article 6 § 1 ─ The overall length of the proceedings, which lasted eight years and five days, was excessive.

Conclusion : violation (unanimously).

Article 13 ─ The requirement for States to guarantee an effective remedy in respect of the excessive length of court procee dings applies equally to criminal and civil proceedings. No remedy was available at the time of lodging the application with the Court, and it had not been shown that the new remedy referred to by the Government would have been effective.

Article 41 ─ The Court awarded the applicant 5,000 euros in respect of non-pecuniary damage.

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

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