CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 mai 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 3 June 2024   FIRST SECTION Application no. 17004/22 Maciej KRAJ against Poland lodged on 19 April 2022 communicated on 15 May 2024 SUBJECT MATTER OF THE CASE The case concerns the applicant’s failure to pay the relevant court fees leading to his action in civil proceedings being returned and thus not examined on the merits. In December 2020 the applicant lodged a statement of claim against the State Treasury with the Zamość District Court, claiming 65,200 Polish zlotys (PLN) (approximately 16,000 euros (EUR)) in compensation for the allegedly degrading conditions of his detention. The court fees were set at PLN   3,260 (approximately EUR 800) and the applicant was granted an exemption from the fees exceeding PLN 500 (approximately EUR 125). The court held that the applicant’s request for full exemption was unfounded. It noted that while the applicant’s financial situation was difficult (he had no savings and worked as a barber in prison, earning approximately PLN 100 (EUR 25) monthly), he was able to pay PLN 500 without detriment to his essential needs. In October 2021 the statement of claim was returned as unpaid. The applicant asked to be served with the reasoning of this decision, in order to lodge an interlocutory appeal. He asked for exemption from the court fees also in this regard (PLN 100), which was refused. Subsequently, the request for the reasoning to be drafted was rejected as unpaid on 15 December 2021 and the statement of claim was returned to the applicant on 18 January 2022. The applicant complains that the refusal to grant him an exemption from the court fees resulted in a disproportionate restriction of his right of access to a court as guaranteed by Article 6 §   1 of the Convention. QUESTION TO THE PARTIES Did the applicant have access to a court for the determination of his civil rights and obligations, in accordance with Article   6 §   1 of the Convention (see Kreuz v. Poland , no. 28249/95, §§ 66-67, 19 June 2001, and Wieczorek v.   Poland , no. 18176/05, §§ 47 ‑ 49, 8 December 2009)?