Social security case: appointing counsel does not exempt party from basic court fee obligation.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal regarding the non-payment of a basic court fee for a social security matter. The appellant argued that receiving free legal counsel under Article 117 of the Civil Procedure Code implied a waiver of the fee requirement under Article 36 of the Court Costs Act. The court clarified that the appointment of counsel is a separate procedure from fee exemption and must be requested explicitly. Consequently, the appeal was rejected because the appellant failed to file a specific request for fee relief before the appeal was lodged.
Legislator headnote
AI generatedArt. 117 § 6 k.p.c.; Art. 36 ustawy o kosztach sądowych w sprawach cywilnych: The appointment of a court-appointed lawyer does not equate to an exemption from the obligation to pay the basic court fee for procedural documents.