A fixed fee for filing a complaint against a determination of the National Appeal Chamber SK 9/17
Ref. No. SK 9/17
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 2 December 2020
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Jakub Stelina – Judge Rapporteur
having considered, at a sitting in camera on 2 December 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 constitutional complaint filed by […], a limited liability company, for the Tribunal to consider the conformity of:
Article 34(1) of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws – Dz. U. of 2016, item 623, as amended) – insofar as it requires the payment of a relevant court fee for filing a complaint against a determination of the Polish National Appeal Chamber in the amount that may make it impossible for a party to resort to this legal remedy and for the case to be considered by a competent common court – with Article 45(1), Article 77(2), Article 78 in conjunction with: Article 176(1), Article 31(3) as well as Article 32(1) of the Constitution,
adjudicates as follows:
Article 34(1) of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws – Dz. U. of 2020, items 755, 807 and 956) – due to the fact that it introduces a disproportionately high fixed fee – is inconsistent with Article 45(1) in conjunction with Article 31(3) and Article 77(2) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.