CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 mai 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s3B53EBCA { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; font-size:7pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .sB4B39BDE { margin-top:0pt; margin-bottom:14pt; page-break-inside:avoid; page-break-after:avoid } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } Published on 10 June 2025   FIRST SECTION Application no. 53611/20 Michał Grzegorz OJCZYK against Poland and 2 other applications (see list appended) communicated on 20 May 2025 SUBJECT MATTER OF THE CASE The applications concern the applicants’ inability to pay the relevant court fees for lodging civil claims, and the domestic courts’ refusal to exempt them from those costs. Consequently, the applicants’ civil claims were not examined on the merits by the domestic courts. In particular, they held that the applicants’ requests for exemption from the court fees were unsubstantiated, and/or that they, or their relatives, should have made necessary savings to secure the payment of the court fees (see the appended table for details). The applicants complain that this resulted in a disproportionate restriction of their right of access to a court as guaranteed by Article 6 § 1 of the Convention. The applicant in application no. 41222/23 further complained under Article 1 of Protocol No. 1 to the Convention that she was unable to pursue her claim relating to a property dispute due to the domestic court’s refusal to exempt her from the court fee.   QUESTION TO THE PARTIES Did the applicants have access to a court for the determination of their civil rights and obligations in accordance with Article   6 §   1 of the Convention (see Mogielnicki v. Poland , no. 42689/09, §§ 61-62, 15 September 2015; Wieczorek v.   Poland , no. 18176/05, §§ 47 ‑ 49, 8 December 2009; and Kreuz v. Poland , no. 28249/95, §§ 66-67, 19 June 2001)?       APPENDIX No. Application no. Case name Lodged on   Applicant Year of Birth Place of Residence Nationality Facts and relevant information, as submitted by the applicants 1. 53611/20 Ojczyk v.   Poland 20/11/2020 Michał Grzegorz OJCZYK 1977 Hrubieszów Polish The applicant was serving a prison sentence. He lodged a civil claim with the domestic court against an insurance company and requested exemption from court fees of 1,000 Polish Zloty (PLN) (approximately 240 euros (EUR)) due to him having no means at his disposal and being unable to find employment in prison. He submitted a required form on his family and financial status, as well as a certificate issued by the prison, indicating that he had no income and no savings. On 18/02/2020 the Łódź District Court refused his request. In order to lodge an interlocutory appeal, he needed to pay a fee of PLN 100 (approximately EUR 25) for the decision’s written reasons. He once again applied for exemption and was again refused by a court clerk ( referendarz sądowy ) on 27/02/2020. He lodged an interlocutory appeal against this decision. On 09/03/2020 the court gave written reasons of its decision of 18/02/2020. The reason for refusal was formulated in one sentence and stated that the applicant had failed to substantiate his claims with any evidence, for instance witness testimonies. After another unsuccessful interlocutory appeal and two requests for exemption from court fees, on 09/06/2020 the court decided to return the claim (that is, refused to open the proceedings). After four unsuccessful requests for written reasons, the claim was finally returned to the applicant on 10/11/2020. 2. 6501/24 Piątkowski v.   Poland 13/12/2023 Karol Sebastian PIĄTKOWSKI 1991 Warszawa Polish The applicant was serving a prison sentence. In 2023 he tried to lodge a claim against the prison authorities. He requested exemption from the court fees and submitted documents stating that he had been refused employment while in prison, and that he had no income and no savings. On 02/10/2023 his request for exemption from PLN 2,750 (approximately EUR 660) court fees was dismissed by the Piotrków Trybunalski District Court. On 23/11/2023 the same court upheld the decision. The domestic courts stated that the applicant’s mother was receiving a monthly pension of PLN 1,000 (approximately EUR 230), and she could make savings for the purpose of covering the fee. 3. 41222/23 Branowitzer v.   Poland 03/11/2023 Marta BRANOWITZER 1951 Kraków Polish On 10/10/2022 the applicant lodged a request for exemption from a court fee for a civil claim relating to property rights. She submitted that her only income was her old-age pension of 1,906 PLN (approximately EUR 455), from which PLN   542.63 she used to cover the costs of utilities, medicine, hygienic products. Each month, she also paid PLN 177.24 as instalments for court fees in another case before the same court. The remaining PLN 1,186.13 she spent on food, which left her with less than PLN   40 (approximately EUR   9) per day. On 14/12/2022 the Kraków District Court exempted her from court fees over PLN 200 (approximately EUR 45). The court reasoned that while the applicant’s income was low, she allegedly had miscalculated the amounts, and she should have been able to save PLN   100 per month, and in any case, she should have been able to find part-time jobs to earn more. On 25/05/2023 the same court upheld this decision. Consequently, on 20/06/2023 the same court gave a decision to return the claim to the applicant (i.e., to refuse to open proceedings).