Last Updated on April 24, 2019 by LawEuro
Communicated on 11 March 2019
FIRST SECTION
Application no. 77486/17
Michał Grzegorz OJCZYK
against Poland
lodged on 9 October 2017
STATEMENT OF FACTS
The applicant, Mr Michał Grzegorz Ojczyk, is a Polish national who was born in 1977 and is detained in Łódź.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
At the material time, the applicant was detained in the Łódź Remand Centre. On 27 March 2017 he lodged a civil action for compensation against a third party, seeking 20,000 Polish zlotys (PLN – approximately 5,000 euros (EUR)) of compensation for the allegedly unlawful use of his personal data. The applicant also asked for an exemption from paying court fees. He submitted his declaration of means in which he indicated that he had no income, no savings and was imprisoned.
On 29 May 2017 the Łódź District Court dismissed the application to exempt the applicant from paying court fees which amounted to PLN 1,000 (EUR 250). It stated that any plaintiff should secure funds for his or her future litigation. The domestic court referred to the fact that the applicant had obtained just satisfaction in the amount of PLN 4,000 as a result of his two successful actions concerning the excessive length of the domestic proceedings. Therefore, it considered that he had the means to pay the court fee in full.
The applicant appealed, arguing that the relevant sum of PLN 4,000 had been transferred to the mother of his children in order to pay their maintenance. He indicated that he had 3 children and had been obliged to pay PLN 500 (EUR 125) monthly for each of them. The applicant attached the mother’s declaration that she had received PLN 4,000 from the applicant in respect of their children’s maintenance.
On 31 July 2017 the Łódź Regional Court dismissed the applicant’s interlocutory appeal. The domestic court stated that the applicant should have secured the means in order to lodge his civil action. It also considered that the mother’s declaration was not credible.
On 8 August 2017 the Łódź District Court ordered the applicant to pay PLN 1,000 in court fees on pain of having his claim returned.
As the applicant did not comply, on 25 September 2017 the Łódź District Court decided to return his civil action. His action was thus of no legal effect and the relevant proceedings were, for all legal and practical purposes, regarded as never having been lodged with the court.
B. Relevant domestic law and practice
The legal provisions applicable at the material time and questions of practice are set out in paragraphs 23‑33 of the judgment delivered by the Court on 19 June 2001 in the case of Kreuz v. Poland (no. 28249/95, ECHR 2001‑VI; see also Jedamski and Jedamska v. Poland, no. 73547/01, 26 July 2005, §§ 29‑39).
COMPLAINT
The applicant complains under Article 6 § 1 of the Convention that the court fees imposed on him for lodging his action deprived him of his right of access to a court.
QUESTION TO THE PARTIES
Given the amount of court fees required from the applicant to bring proceedings concerning his action, was his right of “access to a court”, as secured by Article 6 § 1, respected?
Leave a Reply