European Court of Human Rights

FOURTH SECTION

DECISION

PILOT-JUDGMENT PROCEDURE

Application no. 19027/08
by Deonizy MAGADZIO
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 1 April 2008,

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 Deonizy Magadzio, is a Polish national who was born in 1930 and lives in Warsaw. He was represented before the Court by Mr R. Nowosielski, a lawyer practising in Gdańsk.

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. 19027/08

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

On 14 July 2000 the Mayor of the Warsaw District (Starosta) issued a decision confirming that the applicant had the right to compensation for the property abandoned by his family in the territories beyond the Bug River, valued at 303,370 Polish zlotys (PLN) as of April 2000.

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).

On 6 October 2005 the applicant lodged a claim for compensation for the Bug River property against the State Treasury. On 27 February 2007 the Warsaw Regional Court (Sąd Okręgowy) dismissed the action as unsubstantiated. On 2 April 2007 the applicant lodged an appeal. On 18 October 2007 the Warsaw Court of Appeal (Sąd Apelacyjny) upheld the first-instance judgment.

The applicant did not inform the Court whether he 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