The European Court of Human Rights (Fourth Section), sitting on 5 December 2006 as a Chamber composed of: Sir Nicolas BRATZA, President, Mr J. CASADEVALL, Mr G. BONELLO, Mr K. TRAJA, Mr S. PAVLOVSCHI, Mr L. GARLICKI, Ms L. MIJOVIĆ, judges, and Mrs F. ELENS-PASSOS, Deputy Section Registrar, Having regard to the above application lodged on 26 June 2002, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together, Having regard to the partial decision of 5 January 2006, in which the complaint of the second applicant, Ms Jadwiga Widawska, was declared inadmissible, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS The applicant, Ms Katarzyna Widawska is a Polish national who was...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS FOURTH SECTION FINAL DECISION AS TO THE ADMISSIBILITY OF Application no. 26250/02 by Katarzyna WIDAWSKA against Poland The European Court of Human Rights (Fourth Section), sitting on 5 December 2006 as a Chamber composed of: Sir Nicolas BRATZA, President, Mr J. CASADEVALL, Mr G. BONELLO, Mr K. TRAJA, Mr S. PAVLOVSCHI, Mr L. GARLICKI, Ms L. MIJOVIĆ, judges, and Mrs F. ELENS-PASSOS, Deputy Section Registrar, Having regard to the above application lodged on 26 June 2002, Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together, Having regard to the partial decision of 5 January 2006, in which the complaint of the second applicant, Ms Jadwiga Widawska, was declared inadmissible, Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants, Having deliberated, decides as follows: THE FACTS The applicant, Ms Katarzyna Widawska is a Polish national who was born in 1980 and lives in Warsaw. The Polish Government (“the
2 WIDAWSKA v. POLAND DECISION Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs. The facts of the case, as submitted by the parties, may be summarised as follows. 1. The proceedings initiated upon the applicant’s motion On 27 July 1999 the applicant lodged an action against her father with the Warsaw District Court. She sought an increase of the amount of maintenance to be paid by her father, who was partially incapacitated. On 18 August 1999 the first hearing was held. On an unknown date the court requested the case file of the proceedings for annulment of the marriage of the applicant’s parents. On 25 August 1999 the applicant supplemented her action by seeking maintenance also from her grandfather. On 25 October 1999 the court was informed by the Warsaw Court of Appeal that in the proceedings for annulment of the applicant’s parents’ marriage the court had not ruled on the issue of the applicant’s maintenance. On 20 July 2000 the applicant amended her claim as she no longer wished to claim maintenance from her grandfather and changed the amount of maintenance claimed from her father. On 29 September 2000 the Warsaw District Court gave a judgment. The applicant’s father was ordered to pay the applicant monthly maintenance in the amount of 200 PLN in place of the previous amount of 80 PLN per month. The court made the judgment immediately enforceable. On 10 October 2000 the applicant’s father lodged an appeal. On 13 October 2000 the court requested the guardian of the applicant’s father to confirm his appeal as the applicant’s father was partially incapacitated. In a letter of 22 October 2000 the legal representative of the applicant’s father stated that he did not support the appeal. On 22 January 2001 the Warsaw Regi...