Information Note on the Court’s case-law 70

December 2004

V.M. v. Bulgaria (dec.) - 45723/99

Decision 9.12.2004 [Section I]

Article 6

Civil proceedings

Article 6-1

Access to court

Refusal to dispense from payment of court tax required for lodging action: admissible

The applicant had provided legal assistance for which he ultimately received no fees. He brought proceedings before a court in order to obtain payment of his fees and applied for exoneration from advance payment of the court tax and the costs of the proceedings. The court tax, which was calculated with reference to the amount sued for, was in this case considerable. The authorities responsible for rulin g on exoneration applications on the basis of claimants’ financial situations refused to grant the exoneration. As payment of the court tax and of the costs of the proceedings was a precondition for the admissibility of an application before the civil cour ts, the applicant’s action was discontinued. He brought a fresh civil action. He again lodged an unsuccessful application for exoneration from advance payment of the court tax. The applicant was obliged to desist from any further proceedings.

Admissible u nder Article 6 § 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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