Case law > The decision of the Regional Court in Warsaw 21st Division of Labour and Social Insurance of 16th October 2019

The decision of the Regional Court in Warsaw 21st Division of Labour and Social Insurance of 16th October 2019
XXI P 113/18

  1. Pursuant to Article 24 (2) of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2018, item 573, as amended), the provisions of Article 100 (2), Articles 101-103, 105, 107, and 109-112 of the Act of 28 July 2005 on Court Costs in Civil cases, the exemption of court fees is impossible, neither in whole, nor in part.

The Regional Court in Warsaw 21st Division of Labour and Social Insurance with the following ruling bench:

Court Referendary:        Izabela Król

having examined on 16th October  2019, at a hearing in camera, the case brought forth by R. L. against the State Treasury – the Minister of Interior and Administration for compensation on the claimant’s application for the exemption of court fees,

decides to:

  1. reject the motion.

Justification

Along with the appeal the claimant, as a representative of the group, applied for an exemption of court fees exemption.

The court referendary considered the following:

The application had to be rejected as inadmissible.

It should be noted that pursuant to Article 24(2) of the Act of 17 December 2009 on Pursuing Claims in Group Proceedings (Journal of Laws of 2018, item 573, as amended), the provisions of Article 100(2), Articles 101-103, 105, 107 and 109-112 of the Act of July 28, 2005 on Court Costs in Civil cases do not apply.

Accordingly the court may not exempt group members from court fees, neither in whole, nor in part.

For these reasons, the court referendary ruled as in the operative part.