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You are here: BAILII >> Databases >> European Court of Human Rights >> Kreuz No. 1 and 11 other cases against Poland - 28249/95 [2011] ECHR 1289 (8 June 2011) URL: http://www.bailii.org/eu/cases/ECHR/2011/1289.html Cite as: [2011] ECHR 1289

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Resolution CM/ResDH(2011)67¹

Execution of the judgments of the European Court of Human Rights

Kreuz No. 1 and 11 other cases against Poland

(see Appendix)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the applicants’ right of access to a court due to domestic courts’ refusal to exempt them from court fees (violations of Article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- general measures preventing, similar violations;

DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ResDH(2011)67

Information on the measures taken to comply with the judgments in the case of

Kreuz No. 1 and 11 other cases against Poland

Introductory case summary

These cases concern the violation of the applicants’ right of access to courts of different levels due to domestic courts’ refusal to exempt them from court fees between 1994 and 2005 (violations of Article 6, paragraph 1).

Considering the importance of the right of access to a court in a democratic society, the European Court found that the judicial authorities had failed to secure a proper balance between the interest of the state in collecting court fees and the interests of the applicants in pursuing their claims before a court. Accordingly, the obligation for the applicants to pay such high court fees constituted a disproportionate restriction on their right of access to a court.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The European Court considered that the just satisfaction awarded in respect of non pecuniary damage compensated the applicants for the privation of access to a court. Any future claims will be made under the new costs regime (see general measures). The Committee considers that no further individual measure is required.

II. General measures

The Parliament enacted a new Law on court costs in civil cases. This entered into force on 2 March 2006, bringing together in a single text general principles related to the imposition of costs, their amount and procedures for exemption. These questions had previously been determined by different sets of rules (in particular the 1967 Act on court costs and the Civil Code). Previously, the general rule was that costs should be proportional to the value of the claim. The new law provides fixed amounts for costs in most court proceedings.

In addition, the new text simplifies the calculation of proportional costs, which remain applicable in most disputes over assets. At present, proportional costs are equivalent to 5% of the value of the asset in dispute, with a minimum of 30 PLN (polish zlotys) and a maximum of 100 000 PLN.

The new law also lays down the rules for exemption from costs. Parties to a dispute may be exempted in whole or in part by the judge if they make a declaration to the effect that they could not pay them without risking their living or that of their family. Such declarations must be accompanied by a detailed statement of their financial situation. The possibility of exemption is available equally to physical and legal persons as well as organisational entities without legal personality. Exoneration form the payment of fees depends on the court’s assessment of the individual circumstances of each case.

To raise domestic courts’ awareness of the requirements on the Convention, the judgments of the European Court in Kreuz and Kania have been published on the public website of the Ministry of Justice (www.ms.gov.pl) and sent out to competent courts.

III. Conclusions of the respondent state

The government considers that no individual measure is required in these cases other than the payment of just satisfaction, that the general measures adopted will prevent similar violations and that Poland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.