sądów europejskich
European Court of Human Rights, Case of Teltronic-CATV v. Poland (Application no. 48140/99), Judgement, 10 January 2006:
1. The judicial authorities assumed that the company’s assets, whose value had been slightly higher than the required court fee, could provide the funds needed to pay that fee. However, by doing so, they disregarded the reasonable objection of the applicant company that the disposal of those assets would lead to the company’s winding-up (§ 56).
2. The Government also argued that engaging in a commercial activity implied an obligation to secure in advance the funds for potential litigation. In the present case the Court does not find it necessary to pronounce itself on the Government’s submission. However, in its view, the possibility of securing in advance the funds for court fees appears to be rather hypothetical, given the fact that the bulk of the applicant company’s activities was related to the unpaid work done for the Best-Sat company over a substantial period of time (§ 57).
3. The Court observes that under Polish law an exemption from payment of court fees can at any time be revoked by the courts if the basis therefor has ceased to exist. Consequently, allowing the applicant company to proceed with its claim at the initial phase of the proceedings would not have prevented the Polish courts from collecting court fees if at some further stage its financial situation had improved (§ 62).
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