CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 25 novembre 2003

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Pellonpää ,   Mrs   V. Strážnická ,   Mr   R. Maruste ,   Mr   S. Pavlovschi ,   Mr   L. Garlicki ,   Mr   J. Borrego Borrego, judges , and   Mr   M. O’Boyle , Section Registrar , Having regard to the above application lodged with the European Commission of Human Rights on 9 February 1998, Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court, Having regard to the Court’s partial decision of 14   June   2001, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant, Having deliberated, decides as follows: THE FACTS The applicant, Henryk Kolasiński, is a Polish national who was born in 1927 and lives in Koszalin, Poland. The facts of the case, as submitted by the parties, may be summarised as follows. 1.     Facts prior to 1 May 1993 The applicant’s wife died on 15   May   1990. On 2   October   1990 the Koszalin District Court ( Sąd Rejonowy ) declared that the applicant, his stepdaughter - J.K. and her two grandsons were to inherit the estate. On 28   December   1990 M.F., one of the grandsons, filed an application for distribution of the estate of the applicant’s wife with the Koszalin District Court. He also applied to the court for dissolution of the joint matrimonial property of the applicant and his late wife. On 4   December   1992 the court held the first hearing. 2.     Facts after 30 April 1993 In a letter of 5   May   1993 the applicant requested the President of the Civil Division of the Koszalin District Court to expedite the proceedings. On 5   November   1993 and 20 January 1994 the trial court held hearings. On 17   February   1994 the District Court gave a final decision. The applicant appealed. On 5   July   1994 the Koszalin Regional Court ( Sąd Wojewódzki ) set aside the first-instance decision and remitted the case. On 9   March and 18   May   1995 the court held hearings. At a hearing held on 29   June   1995 the court ordered that expert evidence be obtained. On 24   November   1995 the applicant complained to the President of the Koszalin District Court about the slow conduct of the proceedings. On 21   February   1996 the President of the Koszalin Regional Court informed the applicant that his complaint about the delays in the proceedings was justified. On 10   June   1996 the court held a hearing. On 22   August   1996 the District Court gave a decision. On 30   September   1996 the applicant lodged an appeal with the Koszalin Regional Court. On 11   February and 25   March   1997 the Regional Court held hearings. On 22   April   1997 the Koszalin Regional Court set aside the impugned decision and remitted the case. On 11   September   1997 the court held a hearing. On 22   October   1997 the applicant again requested the President of the Koszalin District Court to expedite the proceedings. At the hearing held on 4   December   1997 the parties settled their claims in respect of a number of movables. Subsequently, the court discontinued the proceedings in that respect. On 19   February   1998 the applicant complained about the length of the proceedings to the Minister of Justice. On 10   April   1998 the court held a hearing and ordered that expert evidence be obtained. On 24   April   1998 the District Court gave a partial decision ( postanowienie częściowe ). On 24   May   1998 the District Court held a hearing. On 25   May   1998 the Minister of Justice informed the applicant that the President of the Koszalin Regional Court would supervise the proceedings. The District Court held further hearings on 3   July, 7   and 28   August   1998. On 1   October   1998 an expert submitted his report to the court. At the hearing held on 20   November   1998 the District Court gave a decision. On 15   January   1999 the applicant lodged an appeal with the Koszalin Regional Court. On 27   April   1999 the applicant complained to the Minister of Justice about a delay in the proceedings and the fact that his appeal of 15   January   1999 had not been transmitted to the Regional Court. On 28   September   1999 the Regional Court held a hearing. The hearings listed for 12 and 26   October   1999 were adjourned. On 4   November   1999 the Regional Court upheld the first -instance decision. On 15   March   2000 the applicant lodged a cassation appeal with the Supreme Court ( Sąd Najwyższy ). The proceedings were terminated by a decision of the Supreme Court of 23   April   2001. THE LAW The applicant’s complaint relates to the length of the proceedings, which began on 28   December   1990 and ended on 23   April   2001. They therefore lasted 10 years and 4 months, of which the period of nearly 8 years falls within the Court’s jurisdiction ratione temporis . 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 remainder of the application admissible, without prejudging the merits of the case.   Michael O’Boyle   Nicolas Bratza   Registrar   President