DISSENTING OPINION OF MR B. MARXER AND MS M. HION

We cannot agree with the majority of the Commission that there has been no violation of Article 6 para. 1 of the Convention in the present case.

We have come to the conclusion that there has been a violation of Article 6 para. 1 on account of the length of proceedings for the reasons given in the dissenting opinion of Mr M. A. Nowicki .

As to Article 13 of the Convention, we did not vote with the majority, which found that there had been a violation. We are of the opinion that as we have found the violation of Article para. 1 in that the proceedings exceeded a reasonable time, it is not necessary also to examine the case under Article 13 (Eur. Court HR, the Pizzetti v. Itlay judgment of 26 February 1993, Series A no. 257 - C, p. 37, para. 21). Therefore we voted in favour of finding no violation.

(Or. English)