CEDH · PRESS;GENERAL;ENG — 10 octobre 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .s4598CDF { width:70.9pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     700   10.10.2000   Press release issued by the Registrar   HEARING IN THE CASE OF KREUZ v. POLAND   10 October 2000 at 9.30 a.m.   The applicant   The case concerns an application brought by Henryk Kreuz, who was born in 1955 and has dual Polish and Austrian nationality.   He lives in Austria.   Summary of the facts   On 9 May 1994 the applicant sued the Płock Municipality in the Płock Regional Court, seeking damages for the defendant’s failure to issue an administrative decision (planning permission to build a car-wash).   He claimed that the delay had cost him money and his potential business partners.   Under Polish law a party to civil proceedings must pay court fees for lodging a claim with a civil court and, as the case proceeds, for lodging any appeal – the initial fee usually amounting to 6 - 8% of the value of the claim in question.   Public authorities, however, are exempt.   Mr Kreuz applied for an exemption from paying court fees, submitting that he was unemployed and that he had put all his savings into the preparation of his investment in Poland, but his applications were refused, although the amount due was reduced.   Ultimately he was required to pay court fees of 100,000,000 (old) Polish zlotys, an amount equal to the average annual net salary in Poland at the time. As he failed to pay the fees due, Płock Regional Court discontinued the proceedings.     Complaint   The applicant claims, under Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights, that his right of access to a court was violated as the level of the court fees he was required to pay forced him to drop his claim.   Procedure   The application was lodged with the European Commission of Human Rights on 10 May 1995. Having declared the application partly admissible, the Commission adopted a report on 26 October 1999 in which it expressed the opinion that there had been a violation of Article   6   §   1 of the Convention (by seventeen votes to seven).   It referred the case to the Court on 30 October 1999. Composition of the Court   The case will be heard by a Chamber composed as follows:   Elisabeth Palm (Swedish), President , Luigi Ferrari Bravo [1] (Italian), Jerzy Makarczyk (Polish), Riza Türmen (Turkish), Boštjan Zupančič (Slovenian), Tudor Panţîru (Moldovan), Rait Maruste (Estonian), judges , Wilhelmina Thomassen (Dutch), Josep Casadevall (Andorran), substitute judges ,   and also Michael O’Boyle , Section Registrar .   Representatives of the parties   Government:   Krzysztof Drzewicki , Agent , Renata Kowalska   and Andrzej Kaliński , Counsel , Andrzej Daczyński , Adviser ;   Applicant:   Piotr Sendecki , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] Judge elected in respect of San Marino.