Information Note on the Court’s case-law No.
October 1998
Podbielski v. Poland - 27916/95
Judgment 30.10.1998
Article 6
Civil proceedings
Article 6-1
Reasonable time
Length of civil proceedings: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I. ARTICLE 6 § 1 OF THE CONVENTION
A. Period to be taken into consideration
Starting-point: when Poland recognised right of individual petition. End: proceedings still continuing. Total: five years, five months and twenty-nine days so far.
B. Applicable criteria
What was at stake: applicant had strong economic interest at time of rampant inflation in securing final adjudication of his claim within reasonable time.
Complexity of case: subject matter of litigation not particularly complex – any complexity caused by evolving nature of domestic legal system and uncertainty over correct approach to be adopted by courts clarified by Supreme Court on 28 January 1994 – therefore complexity of case cannot justify length of proceedings.
Conduct of applicant: although applicant may have contributed to some extent to delay – this cannot justify length of proceedings.
Conduct of national authorities: delay caused to large extent by legislative changes resulting from transition to free-market system and by complexity of procedures – Article 6 § 1 imposes on Contracting States duty to organise their judicial systems in such a way that their courts can meet each of its requirements – therefore delay in proceedings mainly attributed to national authorities.
Conclusion: violation (unanimously).
II. APPLICATION OF ARTICLE 50 OF THE CONVENTION
A. Pecuniary damage: Claim dismissed.
B. Non-pecuniary damage: Sum awarded.
C. Costs and expenses: Claim dismissed.
Conclusion: respondent State to pay specified sum to applicant in respect of non-pecuniary damage only (unanimously).
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This summary by the Registry does not bind the Court.
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