European Court of Human Rights

FOURTH SECTION

DECISION

PILOT-JUDGMENT PROCEDURE

Application no. 4330/07
by Tadeusz JANCZAK
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 27 October 2006,

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, Mr Tadeusz Janczak, is a Polish national who was born in 1929 and lives in Dobrocin.

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. 4330/07

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

On 29 December 1987 the Ostróda District Court (Sąd Rejonowy) gave a decision declaring that the applicant and his father had inherited the entire estate left by his mother.

On 14 January 1982 the Mława District Court (Sąd Rejonowy) gave a decision declaring that the applicant had acquired his late father’s estate.

On 6 March 1996 the applicant obtained a certificate issued by the Head of the Morąg District Office (Kierownik Urzędu Rejonowego) confirming that he had the right to compensation for the property abandoned in the territories beyond the Bug River.

On 15 October 1996 the applicant acquired a plot of land in compensation for the property abandoned in the territories beyond the Bug River.

On 6 October 1997 the applicant acquired further compensatory plots of land.

The applicant estimated that the value of the acquired property amounted to 13.08 % of the value of the abandoned property.

The applicant made further attempts to recover the remainder of the compensation. On 11 April 2006 the Warsaw Admistrative Regional Court (Wojewódzki Sąd Administracyjny) dismissed the applicant’s complaint against the decision of the Warminsko-Mazurski Governor (Wojewoda) issued on 20 July 2004 refusing to confirm the applicant’s right to compensation for the property abandoned in the territories beyond the Bug River because he had not paid court fees.

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