THIRD SECTION

CASE OF MARINA v. LATVIA

( Application no. 46040/07 )

JUDGMENT

STRASBOURG

26 October 2010

FINAL

26/01/2011

This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Marina v. Latvia ,

The European Court of Human Rights ( Third Section ), sitting as a Chamber composed of:

Josep Casadevall , President, Elisabet Fura , Corneliu Bîrsan , Boštjan M. Zupančič , Alvina Gyulumyan , Ineta Ziemele , Luis López Guerra , judges, and Santiago Quesada , Section Registrar ,

Having deliberated in private on 5 October 2010 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in an application (no. 46040/07) against the Republic of Latvia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Latvian national, Ms Nadežda Marina (“the applicant”), on 27 September 2007 .

2 . The applicant, who had been granted l egal aid, was represented by Ms Dana Rone, a lawyer practising in Rī ga . The Latvian Government (“the Government”) were represented by their Agent, M r s I. Reine.

3 . The applicant alleged that her right of access to a court was violated in that the excessive amount of the court fee requested for lodging a claim prevented her from submitting a claim to the court.

4 . On 4 September 2009 the President of the Third Section decided to give notice of the application to the Gove rnment. I t was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1 ) .

THE FACTS

I . THE CIRCUMSTANCES OF THE CASE

1. The applicant ' s low-income status

2. The applicant ' s first attempt to initiate civil proceedings

“ The Civil Law grants to e veryone a right to claim damages. [I]n a situation where damage has been inflicted , everyone is entitled to come before a court in order to protect the ir infringed rights. [Thus] , the applicant has a right to claim damages, and this should not be linked to her rights to [ ... ] use the [property]”.

“ Pursuant to section 43 § 4 of the Law of Civil Procedure the applicant can ask to postpone payment of the court costs allocated to State revenue, or divide payment thereof into instalments.”

“Section 43 § 4 of the Law of Civil Procedure authorises the court to postpone or divide into instalments only those court costs which had been allocated to State revenue s , [and it does not authorise ] the postpone ment of [the paying of] S tate fee s at the time of lodging a claim”.

3. The applicant ' s second attempt to initiate civil proceedings

“Pursuant to section 43 § 4 of the Law of Civil Procedure the applicant can ask to postpone payment of court costs as allocated to State revenue s , or divide payment thereof into instalments.”

II. RELEVANT DOMESTIC LAW

A. Law of Civil Procedure

(1) Costs of adjudication are court costs and costs related to case proceedings.

(2) Court costs are:

1) State (court) fees;

2) office fees; and

3) costs related to adjudicating a case.

(3) Costs related to case proceedings are:

1) costs related to the assistance of lawyers;

2) costs related to attendance at court sittings; and

3) costs related to gathering evidence.

(1) For each statement of claim – original claims or counterclaims, applications of a third person statement of claim with an independent claim regarding the subject-matter of the dispute, submitted in a procedure which has already commenced, applications in special adjudication procedure matters, and other claims applications provided for in this Section submitted to the court – a State fee shall be paid in the amount set out as follows:

1) in regard to claims assessable as to monetary value:

[ ... ]

(f) from LVL 100 , 001 to LV L 500 , 000 – LVL 1 , 290 plus 0.3 per cent of the amount claimed exceeding LVL 100 , 000.

(4) A court or a judge, upon considering the material situation of a natural person, shall exempt him or her partly or fully from the payment of court costs into State revenues, as well as postpone payment of court costs allocated to State revenues, or divide payment thereof into instalments.

B. Regulations No . 86 of RÄ«ga City Council

THE LAW

I . ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION

“In the determination of his civil rights and obligations ... , everyone is entitled to a fair ... hearing ... by [a] ... tribunal.”

1. Inc ompatibility ratione materiae

2. Non-compliance with Article 34 of the Convention and Rule 47 of the Rules of the Court , and the six - mont h rule

3. Non-exhaustion of domestic remedies

B. Merits

1. The parties ' submissions

2. Principles established by the court

3 . Application of the principles

II . ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION

“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”

III. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL N o . 1 TO THE CONVENTION

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the domestic law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the application admissible ;

(a) that the respondent State is to pay the applicant , within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 1 , 000 ( one thousand euros) , plus any tax that may be chargeable, in respect of non-pecuniary damage , to be converted into Latvian lati (LVL) at the rate appli cable at the date of settlement ;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall b e payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;

Done in English, and notified in writing on 26 October 2010 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Santiago Quesada Josep Casadevall Registrar President