[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> Krystyna MIKOLAJCZYK v Poland - 36641/07 [2008] ECHR 1484 (23 September 2008) URL: http://www.bailii.org/eu/cases/ECHR/2008/1484.html Cite as: [2008] ECHR 1484

[New search] [Contents list] [Printable RTF version] [Help]

FOURTH SECTION

DECISION

PILOT-JUDGMENT PROCEDURE

Application no. 36641/07
by Krystyna MIKOŁAJCZYK
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 July 2007,

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 Krystyna Mikołajczyk, is a Polish national who was born in 1938 and lives in Sochaczew.

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. 36641/07

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

On 21 October 2003 the Mayor of Sochaczew (Starosta) issued a decision confirming that the applicant had the right to compensation for the property abandoned by her family in the territories beyond the Bug River, valued at 420,800 Polish zlotys (PLN).

The applicant’s 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 20 July 2005 the applicant addressed a request to mayors of different towns to enable her to acquire State property in compensation for the property abandoned by her family in the territories beyond the Bug River. The authorities informed her that they had no State land designated for the realisation of her claim.

On 29 August 2005 the applicant lodged a claim for compensation for the Bug River property against the State Treasury. The applicant sought full compensation for the original property. The action was unsuccessful.

It is unclear whether the applicant 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