Communicated on 10 April 2018

FIRST SECTION

Application no. 11575/13 Rafał TODORSKI against Poland lodged on 18 January 2013

STATEMENT OF FACTS

The applicant, Mr Rafał Todorski , is a Polish national who was born in 1979. The applicant ’ s current whereabouts are unknown.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

At the material time, the applicant was detained in the Warsaw ‑ SÅ‚użewiec Remand Centre. On 27 March 2012 the applicant lodged a civil action for compensation against the State Treasury by bringing a claim against the Warsaw ‑ BiaÅ‚oÅ‚Ä™ka Remand Centre. He sought compensation in the amount of 300,000 Polish zlotys (PLN – approximately 75,000 euros (EUR)) for an infringement of his personal rights on account of prison overcrowding.

The applicant also asked for an exemption from paying court fees and for a legal aid lawyer. He submitted a declaration of means in which he indicated that he had no income, no savings and was imprisoned.

On 25 June 2012 a court officer ( referendarz sądowy ) acting on behalf of the Warsaw Regional Court decided to exempt the applicant from paying court fees exceeding PLN 400 (approximately EUR 100) and dismissed the remainder of his application (case no. XXIV C 356/12). The court stated that, as a rule, claimants were obliged to pay a court fee at the time of lodging their action with a court. Therefore, any plaintiff should secure funds for his or her future litigation. The court referred to the fact that the original court fee had been calculated at PLN 15,000 (approximately EUR 3,750). This was why a fee in the amount of PLN 400 should not exceed the applicant ’ s financial capacity. The court underlined that on 11 June 2012 the applicant had had PLN 409 in his deposit account.

The applicant appealed against the court officer ’ s decision ( skarga na orzeczenie referendarza sądowego ). He sought to be fully exempted from paying the court fees.

On 13 August 2012 the Warsaw Regional Court upheld that decision. The court stated that the applicant had had at his disposal PLN 409 and could have used it to pay the court fee amounting to PLN 400. The court did not accept the applicant ’ s explanation that he was intending to spend this money on food and personal hygiene items, as sufficient provisions were distributed by the remand centre.

On 16 August 2012 the Warsaw Regional Court ordered the applicant to pay PLN 400 in court fees or have his action rejected.

As the applicant did not comply, on 18 September 2012 the Warsaw Regional Court returned his civil action. This meant that his action was of no legal effect and that the relevant proceedings were, for all legal and practical purposes, regarded as never having been lodged with the court.

On 2 October 2012 the applicant filed an interlocutory appeal against the court ’ s decision of 18 September 2012.

On 8 October 2012 the Warsaw Regional Court ordered the applicant to pay a court fee in amount of PLN 3,000 (approximately EUR 750) to have his interlocutory appeal examined, failing which the appeal would be rejected.

As the applicant did not comply, on 14 November 2012 the Warsaw Regional Court rejected his interlocutory appeal.

B. Relevant domestic law and practice

The legal provisions applicable at the material time and questions of practice are set out in paragraphs 23 ‑ 33 of the judgment delivered by the Court on 19 June 2001 in the case of Kreuz v. Poland (no. 28249/95, ECHR 2001 ‑ VI; see also Jedamski and Jedamska v. Poland , no. 73547/01, 26 July 2005, §§ 29 ‑ 39).

COMPLAINT

The applicant complains under Article 6 § 1 of the Convention that the court fees imposed on him for lodging his action deprived him of his right of access to a court.

QUESTION TO THE PARTIES

Given the amount of court fees required from the applicant to bring proceedings concerning his action, was his right of “access to a court”, as secured by Article 6 § 1, respected?