European Court of Human Rights

FOURTH SECTION

DECISION

PILOT-JUDGMENT PROCEDURE

Application no. 621/04
by Stanisława ŻELAŚKIEWICZ
against Poland

The European Court of Human Rights (Fourth Section), sitting on 23 September 2008 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä, judges,
and Lawrence Early, Section Registrar,

Having regard to the above application lodged on 31 December 2003,

Having regard to the decision to apply the pilot-judgment procedure and to adjourn its consideration of applications deriving from the same systemic problem identified in the case of Broniowski v. Poland (no. 31443/96),

Having regard to the decisions to strike the applications Wolkenberg and Others v. Poland (no. 50003/99) and Witkowska-Toboła v. Poland (no. 11208/02) out of the Court’s list of cases,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Stanisława Żelaśkiewicz, is a Polish national who was born in 1930 and lives in Jelenia Góra.

A.  Historical background to Bug River cases before the Court

(See E.G. v. Poland, no. 50425/99, §§ 2-5).

B.  Particular circumstances of case no. 621/04

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 6 November 1975 the Jelenia Góra District Court (Sąd Rejonowy) gave a decision declaring that the applicant and her brother had acquired her late parents’ estate and that they were entitled to receive one half each.

On 1 April 1982 the applicant acquired some compensatory property from the State.

On 30 December 1998 the applicant obtained a certificate issued by the Head of the Jelenia Góra District Office (Kierownik Urzędu Rejonowego) confirming that she had the right to compensation for the property abandoned by her family in the territories beyond the Bug River, valued at 57,121.67 Polish zlotys (PLN). The sum corresponded to the difference between the current value of the original property (PLN 77,414.40) and the current value of the compensatory property (PLN 20,292.73).

The applicant’s subsequent attempts to acquire State property were unsuccessful. The only possibility of enforcing the claim was to participate in competitive bids for the sale of State property. However, the State authorities throughout Poland officially acknowledged the acute shortage of State-owned land designated for the realisation of the Bug River claims.

This fact and the fact that at the material time it was the authorities’ common practice to desist from organising auctions for Bug River claimants or to openly deny them the opportunity to enforce their entitlement through the statutory bidding procedure was established by the Court in the Broniowski judgment (see Broniowski, cited above, §§ 48-61, 69-87 and 168-176).

According to an expert opinion of 23 September 2004, the value of the compensatory property amounted to 26.21% of the original property.

The applicant did not inform the Court whether she had initiated proceedings under the Law on the realisation of the right to compensation for property left beyond the present borders of the Polish State (Ustawa o realizacji prawa do rekompensaty z tytułu pozostawienia nieruchomości poza obecnymi granicami państwa polskiego) (“the July 2005 Act”) in order to obtain compensation for the Bug River property.

C.  Relevant domestic law and practice in respect of Bug River claims

(See E.G. v. Poland, no. 50425/99, §§ 16-17).

COMPLAINT

(See E.G. v. Poland, no. 50425/99, § 18).

THE LAW

(See E.G. v. Poland, no. 50425/99, §§ 19-29).

For these reasons, the Court unanimously

Lawrence Early Nicolas Bratza
Registrar President