FIRST SECTION
DECISION
Application no. 3152/18
Andrzej EMILIANOWICZ
against Poland
(see appended table)
The European Court of Human Rights (First Section), sitting on 8 September 2022 as a Committee composed of:
Erik Wennerström, President,
Krzysztof Wojtyczek,
Lorraine Schembri Orland, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 January 2018,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr D. Boruta, a lawyer practising in Szczecin.
The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the applicant’s complaint about the excessive length of the impugned proceedings, which ended on 15 February 2018, is inadmissible.
In particular, the Court notes that the proceedings in question were complex and necessitated admitting extensive expert evidence (from twelve experts, adduced at the request of the applicant). There is also no appearance of any periods of inactivity for which the domestic courts should be held responsible.
In view of the above, the Court finds that the applicant’s complaint under Article 6 § 1 of the Convention is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
Moreover, since the applicant’s complaint under Article 6 § 1 is inadmissible, it follows that he has no “arguable claim” of a violation of his rights under Article 6 § 1 for the purposes of Article 13 of the Convention. Consequently, this complaint is also manifestly ill-founded.
In view of the above, the Court finds that the application is inadmissible and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 29 September 2022.
Viktoriya Maradudina Erik Wennerström
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of civil proceedings and lack of any effective remedy in domestic law)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Domestic decision on complaint under the 2004 Act
Domestic award (in euros)
3152/18
05/01/2018
Andrzej EMILIANOWICZ
1958
Boruta Dominik
Szczecin
16/05/2014
15/02/2018
3 year(s) and 9 month(s)
2 level(s) of jurisdiction
Szczecin Court of Appeal, 12/06/2017,
III S 6/17