PROCEDURE

The case originated in an application (no. 32971/03) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Mr Mirosław Palewski (“the applicant”).

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant alleged that he had been deprived of his right of access to a court.

On 5 September 2006 the President of the Fourth Section decided to give notice of the application to the Government. Under the provisions of Article 29 § 3 of the Convention, it was decided to examine the merits of the application at the same time as its admissibility.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant, Mr Mirosław Palewski, was born in 1957 and lives in Koszalin, Poland.

On 1 August 2000 and 13 February 2002 there was a fire at Morska Street in Koszalin, where the applicant’s business was located.

On 15 November 2002 he sued the insurance company Warta S.A. before the Koszalin Regional Court (Sąd Okręgowy) for compensation of 545,918.65 zlotys (PLN) (approx. 136,500 euros (EUR)). At the same time, he also asked to be exempted from court fees.

On 9 December 2002 the court ordered the applicant to pay PLN 28,896 (approx. EUR 7,228) in court fees.

On 22 January 2003 the Koszalin Regional Court refused to exempt the applicant from court fees. The court’s reasons for this decision read, in so far as relevant, as follows: “... Despite the court’s request, the applicant has failed to provide information concerning his business activities. The documents submitted concern the SEDNO Manufacturing and Servicing Company (Zakład produkcyjno-uslugowy) located at Morska Street in Koszalin. However, from the insurance policies submitted, it appears that the applicant insured two companies, both located at Morska Street in Koszalin: SEDNO Manufacturing and Servicing Company and the Private Car Transport Company (Przedsiębiorswto Prywatnej Komunikacji Samochodowej). ... It is therefore not clear what type of business activities the applicant is involved in at Morska Street in Koszalin (...). The documents submitted by the applicant show that he has already received PLN 360,572.68 [approx. EUR 90,142] as partial compensation from Warta S.A. According to the applicant, this amount did not compensate him for the damage actually incurred. However, there are no reasons to believe that the applicant’s business collapsed because he received only partial compensation. It further appears from the submitted tax return forms concerning SEDNO’s business for January to October 2002 that the applicant made an eight-digit gross profit and a seven-digit net profit in that period. This leads the court to the conclusion that the applicant can afford to pay the court fees because he has sufficient funds. However, lack of information concerning all his assets prevents the court from making an objective assessment of his financial situation.”

On 3 February 2003 the applicant filed an interlocutory appeal (zażalenie) against this decision. He claimed that his net profit for the period of ten months in 2002 had been PLN 15,288 (approx. EUR 3,820), which, contrary to the court’s findings, was a five-digit sum and that he also had a mortgage to pay. He also stressed that he owned only one company, SEDNO Manufacturing and Servicing Company (Zaklad produkcyjno‑uslugowy). The insurance policy issued for Private Car Transport Company concerned the same business as this was its old name. Finally, he submitted that he was in debt, and that enforcement proceedings against the company were pending.

On 29 April 2003 the Gdańsk Court of Appeal (Sąd Apelacyjny) dismissed his appeal. The court referred to the fact that the applicant had already received PLN 360,572.68 from the insurer as partial compensation. The court further considered that this in itself justified the refusal to exempt him from court fees as he could have put money aside for that purpose.

It appears that subsequently the applicant’s statement of claim was returned to him.

On 14 October 2003 the applicant again sued the insurance company Warta S.A. before the Koszalin Regional Court for compensation of PLN 545,918.65 and asked to be exempted from court fees.

The applicant submitted that the business’s assets had been attached in enforcement proceedings against him, that his bank accounts had been frozen and that he had substantial debts. His wife did not work and their children were students.

On 19 November 2003 the Koszalin Regional Court dismissed his application for an exemption from court fees. This decision contained exactly the same wording as the decision of 22 January 2003.

On 26 November 2003 the applicant filed an interlocutory appeal against the above decision. He claimed that the court had misread the documents that he had submitted when his application for an exemption from court fees had been examined for the first time in 2002. He again clarified his financial situation.

On 3 December 2003 the Koszalin District Court (Sąd Rejonowy) declared the applicant’s company insolvent.

On 15 January 2004 the Gdańsk Court of Appeal rejected the applicant’s interlocutory appeal of 26 November 2003 on the basis that the presiding judge had not signed the decision of 19 November 2003. Accordingly, this decision had not been duly delivered and the applicant’s appeal against a non-existent decision had to be rejected.

On 20 February 2004 the Koszalin Regional Court gave a further decision dismissing his application for an exemption from court fees. This decision again read exactly as the decision of 22 January 2003.

On 12 March 2004 the applicant filed an interlocutory appeal. He stressed that he owned only one company, SEDNO Manufacturing and Servicing Company, which had been declared insolvent. Finally, he submitted that he was in debt and had no money to support his family.

On 14 May 2004 the Gdańsk Court of Appeal gave a decision exempting the applicant from any fees exceeding PLN 10,000 (approx. EUR 2,500). The court considered that the court fee of PLN 28,896 had to be reduced. It noted that: “... It is impossible to find fault with the applicant that he spent in 2000 the amounts received from the defendant as well as the amount of PLN 44,104.68 spent in 2002 for dealing with the effects of the damage and pursuing his professional activities, instead of securing in advance sufficient funds for the payment of court fees. Taking into account the lapse of time and the fact that the applicant has been declared insolvent, the previous decisions concerning the exemption from court fees, based on the different facts, are irrelevant for the present finding.” The court further found that, while it was true that the applicant was in debt and that his tax return for the period from January to October 2003 had shown a loss in the amount of PLN 68,538.74 (approx. EUR 7,134) and that his business was insolvent, his temporary financial problems did not, however, justify a full exemption from court fees.

On 16 June 2004 the Koszalin Regional Court ordered the applicant to pay a court fee of PLN 10,000 for lodging his statement of claim on pain of having it returned.

On 27 August 2004 the Koszalin Regional Court returned the statement of claim to the applicant since he had failed to pay the required court fee.
NOT_CONFIDENTIAL
insert
001-90761_a2_e1
001-90761_a2_em1
CODE
DIRECT
32971/03
NOT_CONFIDENTIAL
correct
001-90761_a2_e2
001-90761_a2_em2
ORG
QUASI
001-90761_a2_em4
Republic of Poland
NOT_CONFIDENTIAL
insert
001-90761_a2_e3
001-90761_a2_em3
PERSON
DIRECT
Mr Mirosław Palewski
NOT_CONFIDENTIAL
insert
001-90761_a2_e2
001-90761_a2_em4
ORG
QUASI
Polish Government
NOT_CONFIDENTIAL
check
001-90761_a2_e4
001-90761_a2_em5
PERSON
QUASI
Mr J. Wołąsiewicz
NOT_CONFIDENTIAL
insert
001-90761_a2_e5
001-90761_a2_em6
DATETIME
QUASI
5 September 2006
NOT_CONFIDENTIAL
check
001-90761_a2_e3
001-90761_a2_em7
PERSON
DIRECT
Mr Mirosław Palewski
NOT_CONFIDENTIAL
check
001-90761_a2_e6
001-90761_a2_em8
DATETIME
QUASI
1957
NOT_CONFIDENTIAL
check
001-90761_a2_e7
001-90761_a2_em9
LOC
QUASI
Koszalin, Poland
NOT_CONFIDENTIAL
check
001-90761_a2_e8
001-90761_a2_em10
DATETIME
QUASI
1 August 2000
NOT_CONFIDENTIAL
check
001-90761_a2_e9
001-90761_a2_em11
DATETIME
QUASI
13 February 2002
NOT_CONFIDENTIAL
check
001-90761_a2_e10
001-90761_a2_em12
LOC
QUASI
Morska Street
NOT_CONFIDENTIAL
check
001-90761_a2_e11
001-90761_a2_em13
LOC
QUASI
Koszalin
NOT_CONFIDENTIAL
check
001-90761_a2_e12
001-90761_a2_em14
DATETIME
QUASI
15 November 2002
NOT_CONFIDENTIAL
check
001-90761_a2_e13
001-90761_a2_em15
ORG
QUASI
Warta S.A.
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em16
ORG
QUASI
Koszalin Regional Court
NOT_CONFIDENTIAL
insert
001-90761_a2_e14
001-90761_a2_em17
ORG
QUASI
001-90761_a2_em16
Sąd Okręgowy
NOT_CONFIDENTIAL
insert
001-90761_a2_e15
001-90761_a2_em18
QUANTITY
QUASI
545,918.65 zlotys (PLN)
NOT_CONFIDENTIAL
insert
001-90761_a2_e16
001-90761_a2_em19
QUANTITY
QUASI
136,500 euros (EUR)
NOT_CONFIDENTIAL
check
001-90761_a2_e17
001-90761_a2_em20
DATETIME
QUASI
9 December 2002
NOT_CONFIDENTIAL
insert
001-90761_a2_e18
001-90761_a2_em21
QUANTITY
QUASI
PLN 28,896
NOT_CONFIDENTIAL
insert
001-90761_a2_e19
001-90761_a2_em22
QUANTITY
QUASI
EUR 7,228
NOT_CONFIDENTIAL
check
001-90761_a2_e20
001-90761_a2_em23
DATETIME
QUASI
22 January 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em24
ORG
QUASI
Koszalin Regional Court
NOT_CONFIDENTIAL
check
001-90761_a2_e21
001-90761_a2_em25
ORG
QUASI
SEDNO Manufacturing and Servicing Company
NOT_CONFIDENTIAL
insert
001-90761_a2_e21
001-90761_a2_em26
ORG
QUASI
001-90761_a2_em25
Zakład produkcyjno-uslugowy
NOT_CONFIDENTIAL
check
001-90761_a2_e10
001-90761_a2_em27
LOC
QUASI
Morska Street
NOT_CONFIDENTIAL
check
001-90761_a2_e11
001-90761_a2_em28
LOC
QUASI
Koszalin
NOT_CONFIDENTIAL
insert
001-90761_a2_e22
001-90761_a2_em29
QUANTITY
NO_MASK
two companies
NOT_CONFIDENTIAL
check
001-90761_a2_e10
001-90761_a2_em30
LOC
QUASI
Morska Street
NOT_CONFIDENTIAL
check
001-90761_a2_e11
001-90761_a2_em31
LOC
QUASI
Koszalin
NOT_CONFIDENTIAL
check
001-90761_a2_e21
001-90761_a2_em32
ORG
QUASI
SEDNO Manufacturing and Servicing Company
NOT_CONFIDENTIAL
check
001-90761_a2_e23
001-90761_a2_em33
ORG
QUASI
Private Car Transport Company
NOT_CONFIDENTIAL
insert
001-90761_a2_e23
001-90761_a2_em34
ORG
QUASI
001-90761_a2_em33
Przedsiębiorswto Prywatnej Komunikacji Samochodowej
NOT_CONFIDENTIAL
check
001-90761_a2_e10
001-90761_a2_em35
LOC
QUASI
Morska Street
NOT_CONFIDENTIAL
check
001-90761_a2_e11
001-90761_a2_em36
LOC
QUASI
Koszalin
NOT_CONFIDENTIAL
insert
001-90761_a2_e24
001-90761_a2_em37
QUANTITY
QUASI
PLN 360,572.68
NOT_CONFIDENTIAL
insert
001-90761_a2_e25
001-90761_a2_em38
QUANTITY
QUASI
EUR 90,142
NOT_CONFIDENTIAL
check
001-90761_a2_e13
001-90761_a2_em39
ORG
QUASI
Warta S.A.
NOT_CONFIDENTIAL
check
001-90761_a2_e21
001-90761_a2_em40
ORG
QUASI
001-90761_a2_em25
SEDNO
NOT_CONFIDENTIAL
check
001-90761_a2_e26
001-90761_a2_em41
DATETIME
QUASI
January to October 2002
NOT_CONFIDENTIAL
insert
001-90761_a2_e27
001-90761_a2_em42
QUANTITY
QUASI
eight-digit gross profit
NOT_CONFIDENTIAL
check
001-90761_a2_e28
001-90761_a2_em43
QUANTITY
QUASI
seven-digit
NOT_CONFIDENTIAL
check
001-90761_a2_e29
001-90761_a2_em44
DATETIME
QUASI
3 February 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e30
001-90761_a2_em45
DATETIME
QUASI
ten months in 2002
NOT_CONFIDENTIAL
insert
001-90761_a2_e31
001-90761_a2_em46
QUANTITY
QUASI
PLN 15,288
NOT_CONFIDENTIAL
insert
001-90761_a2_e32
001-90761_a2_em47
QUANTITY
QUASI
EUR 3,820
NOT_CONFIDENTIAL
insert
001-90761_a2_e33
001-90761_a2_em48
QUANTITY
QUASI
five-digit sum
NOT_CONFIDENTIAL
insert
001-90761_a2_e34
001-90761_a2_em49
QUANTITY
QUASI
one company
NOT_CONFIDENTIAL
correct
001-90761_a2_e21
001-90761_a2_em50
ORG
QUASI
SEDNO Manufacturing and Servicing Company
NOT_CONFIDENTIAL
insert
001-90761_a2_e21
001-90761_a2_em51
ORG
QUASI
001-90761_a2_em50
Zaklad produkcyjno‑uslugowy
NOT_CONFIDENTIAL
check
001-90761_a2_e23
001-90761_a2_em52
ORG
QUASI
Private Car Transport Company
NOT_CONFIDENTIAL
check
001-90761_a2_e35
001-90761_a2_em53
DATETIME
QUASI
29 April 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e36
001-90761_a2_em54
ORG
QUASI
Gdańsk Court of Appeal
NOT_CONFIDENTIAL
insert
001-90761_a2_e36
001-90761_a2_em55
ORG
QUASI
001-90761_a2_em54
Sąd Apelacyjny
NOT_CONFIDENTIAL
insert
001-90761_a2_e24
001-90761_a2_em56
QUANTITY
QUASI
PLN 360,572.68
NOT_CONFIDENTIAL
check
001-90761_a2_e37
001-90761_a2_em57
DATETIME
QUASI
14 October 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e13
001-90761_a2_em58
ORG
QUASI
Warta S.A.
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em59
ORG
QUASI
Koszalin Regional Court
NOT_CONFIDENTIAL
insert
001-90761_a2_e38
001-90761_a2_em60
QUANTITY
QUASI
PLN 545,918.65
NOT_CONFIDENTIAL
insert
001-90761_a2_e39
001-90761_a2_em61
MISC
QUASI
wife did not work
NOT_CONFIDENTIAL
insert
001-90761_a2_e40
001-90761_a2_em62
MISC
QUASI
children were students
NOT_CONFIDENTIAL
check
001-90761_a2_e41
001-90761_a2_em63
DATETIME
QUASI
19 November 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em64
ORG
QUASI
Koszalin Regional Court
NOT_CONFIDENTIAL
check
001-90761_a2_e20
001-90761_a2_em65
DATETIME
QUASI
22 January 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e42
001-90761_a2_em66
DATETIME
QUASI
26 November 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e43
001-90761_a2_em67
DATETIME
QUASI
2002
NOT_CONFIDENTIAL
check
001-90761_a2_e44
001-90761_a2_em68
DATETIME
QUASI
3 December 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e45
001-90761_a2_em69
ORG
QUASI
Koszalin District Court
NOT_CONFIDENTIAL
insert
001-90761_a2_e45
001-90761_a2_em70
ORG
QUASI
001-90761_a2_em69
Sąd Rejonowy
NOT_CONFIDENTIAL
check
001-90761_a2_e46
001-90761_a2_em71
DATETIME
QUASI
15 January 2004
NOT_CONFIDENTIAL
check
001-90761_a2_e36
001-90761_a2_em72
ORG
QUASI
Gdańsk Court of Appeal
NOT_CONFIDENTIAL
check
001-90761_a2_e42
001-90761_a2_em73
DATETIME
QUASI
26 November 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e41
001-90761_a2_em74
DATETIME
QUASI
19 November 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e47
001-90761_a2_em75
DATETIME
QUASI
20 February 2004
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em76
ORG
QUASI
Koszalin Regional Court
NOT_CONFIDENTIAL
check
001-90761_a2_e20
001-90761_a2_em77
DATETIME
QUASI
22 January 2003
NOT_CONFIDENTIAL
check
001-90761_a2_e48
001-90761_a2_em78
DATETIME
QUASI
12 March 2004
NOT_CONFIDENTIAL
check
001-90761_a2_e34
001-90761_a2_em79
QUANTITY
QUASI
one company
NOT_CONFIDENTIAL
check
001-90761_a2_e21
001-90761_a2_em80
ORG
QUASI
SEDNO Manufacturing and Servicing Company
NOT_CONFIDENTIAL
check
001-90761_a2_e49
001-90761_a2_em81
DATETIME
QUASI
14 May 2004
NOT_CONFIDENTIAL
check
001-90761_a2_e36
001-90761_a2_em82
ORG
QUASI
Gdańsk Court of Appeal
NOT_CONFIDENTIAL
insert
001-90761_a2_e50
001-90761_a2_em83
QUANTITY
QUASI
PLN 10,000
NOT_CONFIDENTIAL
insert
001-90761_a2_e51
001-90761_a2_em84
QUANTITY
QUASI
EUR 2,500
NOT_CONFIDENTIAL
insert
001-90761_a2_e18
001-90761_a2_em85
QUANTITY
QUASI
PLN 28,896
NOT_CONFIDENTIAL
check
001-90761_a2_e52
001-90761_a2_em86
DATETIME
QUASI
2000
NOT_CONFIDENTIAL
insert
001-90761_a2_e53
001-90761_a2_em87
QUANTITY
QUASI
PLN 44,104.68
NOT_CONFIDENTIAL
check
001-90761_a2_e43
001-90761_a2_em88
DATETIME
QUASI
2002
NOT_CONFIDENTIAL
check
001-90761_a2_e54
001-90761_a2_em89
DATETIME
QUASI
January to October 2003
NOT_CONFIDENTIAL
insert
001-90761_a2_e55
001-90761_a2_em90
QUANTITY
QUASI
68,538.74
NOT_CONFIDENTIAL
insert
001-90761_a2_e56
001-90761_a2_em91
QUANTITY
QUASI
EUR 7,134
NOT_CONFIDENTIAL
check
001-90761_a2_e57
001-90761_a2_em92
DATETIME
QUASI
16 June 2004
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em93
ORG
QUASI
Koszalin Regional Court
NOT_CONFIDENTIAL
insert
001-90761_a2_e50
001-90761_a2_em94
QUANTITY
QUASI
PLN 10,000
NOT_CONFIDENTIAL
check
001-90761_a2_e58
001-90761_a2_em95
DATETIME
QUASI
27 August 2004
NOT_CONFIDENTIAL
check
001-90761_a2_e14
001-90761_a2_em96
ORG
QUASI
Koszalin Regional Court
Mirosław Palewski
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Mirosław Palewski