Lack of notification for a party to proceedings – represented by an attorney – reminding the party to pay outstanding cost of the party’s appeal, in the case of refusal to exempt the party from court costs SK 12/19
Ref. No. SK 12/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 8 April 2025
The Constitutional Tribunal, composed of:
Jarosław Wyrembak – Presiding Judge
Justyn Piskorski
Jakub Stelina
Bogdan Święczkowski
Rafał Wojciechowski – Judge Rapporteur,
having considered, at a sitting in camera on 8 April 2025 – 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) – Ms S.P.’s complaint lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 112(3) of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws – Dz. U. of 2010 No. 90, item 594, as amended) to Article 32 and Article 45(1) in conjunction with Article 78 of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 112(3) of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws – Dz. U. of 2024, item 959, as amended) is consistent with Article 45(1) in conjunction with Article 32(1) and Article 78 of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Jarosław Wyrembak
Justyn Piskorski (dissenting opinion)
Jakub Stelina
Bogdan Święczkowski
Rafał Wojciechowski