The exclusion of the application of provisions on court costs in electronic writ-of-payment proceedings (parties deprived of the right to request exemption from court costs) P 19/16
Ref. No. P 19/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 29 April 2020
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Stanisław Piotrowicz
Piotr Pszczółkowski
Wojciech Sych
Rafał Wojciechowski − Judge Rapporteur,
having considered, at a sitting in camera on 29 April 2020 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – the question of law submitted by the Circuit Court in Lublin as to
whether Article 104a of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws – Dz. U. of 2014 item 1025, as amended) – insofar as it excludes the application of Articles 100-103 of the said Act in electronic writ-of-payment proceedings – is consistent with Article 32(1), Article 45(1), and Article 77(2) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 104a of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws – Dz. U. of 2020 item 755) – insofar as it excludes the possibility of the defendant being exempt from court costs in electronic writ-of-payment proceedings – is inconsistent with Article 45(1) in conjunction with Article 77(2) of the Constitution of the Republic of Poland,
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and
the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Krystyna Pawłowicz
Stanisław Piotrowicz
Piotr Pszczółkowski
Wojciech Sych
Rafał Wojciechowski