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You are here: BAILII >> Databases >> European Court of Human Rights >> Andrzej LEDWOLD v Poland - 10645/03 [2008] ECHR 1405 (23 September 2008) URL: http://www.bailii.org/eu/cases/ECHR/2008/1405.html Cite as: [2008] ECHR 1405 |
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FOURTH SECTION
DECISION
PILOT-JUDGMENT PROCEDURE
Application no.
10645/03
by Andrzej LEDWOLD
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 20 February 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, Mr Andrzej Ledwold, is a Polish national who was born in 1953 and lives in Prudnik.
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. 10645/03
The facts of the case, as submitted by the applicant, may be summarised as follows.
On an unspecified date the applicant asked the authorities to enable him to acquire State property in compensation for the Bug River property.
On 17 December 1990 the authorities informed him that his claim had been entered in the relevant register as claim no. 61 but its realisation was not possible at that time.
It emerges from the valuation report submitted by the applicant on 16 May 1991 to the Nysa District Office (Urząd Rejonowy) that the value of the original property amounted to 102,216,600 Polish zlotys (PLN) as of April 1991.
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).
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