I UZ 6/09
AI generated
Appointing a court-appointed lawyer does not grant exemption from basic court fees under Polish law.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's appeal against the rejection of his cassation complaint due to non-payment of basic court fees. Although the court appointed a lawyer ex officio, the appellant argued this entitled him to a statutory fee exemption. The court ruled that such an appointment is merely a procedural measure and does not equate to a full exemption from financial obligations. Consequently, the appeal was rejected because the appellant failed to pay the required fee and did not request a fee waiver.
Legislator headnote
AI generatedArt. 36, Art. 96 ust. 1 pkt 4 i 10 ustawy o kosztach sądowych w sprawach cywilnych; The appointment of a lawyer ex officio does not constitute a full exemption from basic court fees.
Keywords
AI generated
court-appointed lawyer
basic court fees
fee exemption
cassation complaint
procedural measure
Cited Legislation
AI generatedArt. 36 of the Act on Court Costs in Civil Matters
Art. 96 ust. 1 pkt 4 and 10 of the Act on Court Costs in Civil Matters
Art. 1302 § 3 of the Code of Civil Procedure
Art. 3986 § 2 of the Code of Civil Procedure
Art. 45 ust. 1 of the Constitution
Art. 31 ust. 3 of the Constitution
art. 1302 § 3 k.p.c
art. 3986 § 2 k.p.c
art. 31 ust. 3 Konstytucji
art. 463 § 1 k.p.c
Cited Case Law
AI generatedII UZ 27/07
Appointing a court-appointed lawyer does not exempt a party from paying the standard court fee for cassation appeals.
II UZ 45/07
Social security case: appointing counsel does not exempt party from basic court fee obligation.
SK 33/07
Constitutional Court upholds civil court fees rules against lawyer fee waiver claims under Art. 2, 45, 77, 78. The court found no violation of constitutional rights.