sokolowski_eng.doc

to settle the case. As to the fine of PLN 1,000, imposed by the courts, the Government argued... it may be excessive (Jerusalem v. Austria, no. 26958/95, § 43, ECHR 2001II). In the present case... to J. K. and to pay the court costs to the Treasury in the amount of PLN 100. The court further ruled... and to the applicant's personal situation. The court also ordered the applicant to pay PLN 100 by way of court fee... and ordered the applicant to pay the court fee for the cassation proceedings. II. RELEVANT DOMESTIC LAW
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wersel.doc

be satisfied in each case. That is the requirement of a fair procedure before courts, which, among... of the Convention. It may be subject to editorial revision. In the case of Wersel v. Poland, The European Court... complies with the formal requirements, the case is referred to the Supreme Court. THE LAW I. ALLEGED... made it impossible for him to have his case heard by a cassation court. 2. The Government 40... ) Application of those principles to the instant case 44. The Court notes at the outset that the facts
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sienkiewicz_eng.doc

. 5. On 1 November 2001 the Court changed the composition of its Sections (Rule 25 § 1). This case... 2002 the Court declared the application admissible. THE FACTS I. THE CIRCUMSTANCES OF THE CASE 7... the Supreme Court quashed that judgment and remitted the case for re-examination. 12. In his pleadings... 1996 the Supreme Court quashed the Regional Court's judgment and remitted the case for re... of the case. 2. The Court's assessment 34. The proceedings began in 1989 and ended on 31 May 2000
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frankowicz_eng.doc

and Supreme Medical Courts, which decided his case, lacked independence and impartiality. 62. There are two... of the Regional Medical Court, and application to transfer the case to another town, had been dismissed. He... to the fact that the disciplinary court had allegedly violated a time-limit for examination of a case... that the Constitutional Court would have been competent to examine whether the proceedings before the Medical Courts met... of the relevant facts. 41. Under the Court's case-law, the States parties to the Convention have
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case-elcomp.doc

with the question of whether the requirement to pay substantial fees to civil courts in connection with claims... case, including the applicant's ability to pay them, and the stage of the proceedings at which... that it did not have sufficient funds to pay the necessary fees. However, the domestic courts refused both... the applicant company to pay PLN 2,337.30 (EUR 580) in court fees for lodging its claim. 7. On 25 March 2003... of 153,977.48 Polish zlotys (PLN) (EUR 38,500) against a company R. with the Warsaw Regional Court. The case
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olstowski_eng.doc

. Consequently, the case file was transmitted between the courts, which was time-consuming. 73... be impossible to take evidence from all four suspects in the case on a single day. The Gdańsk Court... of the judges considering his case. 26. On 28 September and 16 November 1995 the Regional Court held hearings in the case. 27. On 16 November 1995 the Gdańsk Regional Court rejected an application for release... appeal against that decision. The appellate court observed that the proceedings in the applicant's case
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laskowska_eng.doc

of lack of the Supreme Court's jurisdiction in the case and, additionally, for failure to comply... . 20. On 23 March 2000 the Regional Court informed the applicant that a cassation appeal in her case... hearing of his case, without undue delay, before a competent, impartial and independent court." B... with the case to grant him an exemption from court fees provided that he submits a declaration... that a cassation appeal had not been available in the applicant's case. In their view, the Supreme Court's
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demski_eng.doc

Court stated, in so far as relevant: "...[Article 391 § 1] does not mean that in every case when... or before the court in the case in question or in another case or in any other procedure provided... from a Polish court or state prosecutor, by the courts or state prosecutors of foreign countries... , 19 June 2007 and S.N., cited above, § 47). 45. The Court considers that the present case... documents. 54. According to the Court's case-law, an applicant is entitled to the reimbursement
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wasilewski_eng.doc

and insofar as it had exempted the applicant from the obligation to pay legal costs, and ordered that the case... and that, therefore, the courts were not under an obligation to accord priority in dealing with the case. 60... in final form. In the case of Wasilewski v. Poland, The European Court of Human Rights (Fourth Section... that the case-file had not been transferred to the Court of Appeal in order for his appeal to be considered by that court. 22. In a reply of 20 September 1995, the President informed the applicant that the case
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gaweda_eng.doc

to the case-law of the Court to the effect that the role of adjudication was vested in the courts precisely... adopted by the courts in the present case. Moreover, in the Court's view, the fact that the case-law... of the interpretation given by the courts in the present case. 46. Lastly, the Court notes the Government's... of Article 10. The Court observes that in the present case this in itself did not prevent the courts from... " (ibid.). They argued that the case-law of the Polish courts in most registration cases had not given
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