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You are here: BAILII >> Databases >> European Court of Human Rights >> Waclaw PILCZUK v Poland - 39260/05 [2008] ECHR 1476 (23 September 2008) URL: http://www.bailii.org/eu/cases/ECHR/2008/1476.html Cite as: [2008] ECHR 1476 |
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FOURTH SECTION
DECISION
PILOT-JUDGMENT PROCEDURE
Application no.
39260/05
by Wacław PILCZUK
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 15 April 2005,
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 Wacław Pilczuk, is a Polish national who was born in 1938 and lives in Kłodawa.
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. 39260/05
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 31 January 1991 the Gorzów Wielkopolski Regional Court (Sąd Wojewódzki) gave a declaratory judgment stating that the applicant's father had owned real property in the territories beyond the Bug River.
On an unspecified date the applicant started to make attempts to acquire State property in compensation for the property abandoned in the territories beyond the Bug River. However they 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 7 June 2006 the Lubuski Governor (Wojewoda) issued a decision confirming that the applicant and T.B, S.B. and A.B. had the right to compensation for the property abandoned by his family, valued at 133,300 Polish zlotys (PLN).
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