Published on 3 October 2022

FIRST SECTION

Application no. 16858/19 Janusz ÅšLIWOWSKI against Poland lodged on 19 March 2019 communicated on 14 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the refusal to exempt the applicant from the court fees for a cassation appeal in the proceedings for acquisition of property by prescription. The relevant decision refusing exemption did not contain reasoning. According to a decision of the Supreme Court of 10 May 2018 (I PZ 4/18) decisions dismissing a request for exemption from court fees for a cassation appeal should contain a statement of reasons in order to enable the Supreme Court the verification of the grounds on which they were based.

The applicant complains of lack of access to court due to the refusal to analyse his request for exemption for a cassation appeal fee.

QUESTION TO THE PARTIES

Did the applicant have access to a court for the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention (see Kreuz v. Poland , no. 28249/95, §§ 66-67, 19 June 2001, and Wieczorek v. Poland , no. 18176/05, §§ 47-49, 8 December 2009)?

Reference is made to the fact that the Częstochowa Regional Court’s decision of 2 October 2018 refusing to exempt him from fees for a cassation appeal did not contain reasoning and to the decision of the Supreme Court of 10 May 2018 (I PZ 4/18).