Important decision
The Constitutional Court overturned the decision of the Supreme Administrative Court, which had dismissed the cassation complaint for non-payment of the court fee. According to the Constitutional Court, it violated the complainant’s right to access to the courts by failing to take into account her timely application for exemption from court fees before the proceedings were discontinued.
The case concerned a commercial company that was originally fined CZK 1 500 for a traffic offence. It lodged a cassation complaint against the decision of the administrative authorities and subsequently the Regional Court. The Supreme Administrative Court ordered it to pay the court fee. As the fee had not been paid and the court assumed that the request for exemption had been submitted after the deadline, it dismissed the proceedings.
However, it later transpired that the applicant had sent the application for exemption herself on the last day of the period prescribed. The Supreme Administrative Court disregarded that submission and ruled only on the basis of the later application submitted by the applicant’s counsel by data mail.
The Constitutional Court recalled that if a party applies for exemption from court fees in due time, the court must first consider the application. If it does not grant the application, it must allow the party to pay the court fee retrospectively. Only then can the proceedings be dismissed for non-payment of the fee.
The finding does not mean that the applicant is automatically entitled to exemption from court fees. The Constitutional Court merelyemphasised that her application must be properly assessed and that the proceedings cannot be discontinued on the basis of an incomplete factual situation caused by an oversight of the submissions in the file.
According to the Constitutional Court, even the low amount of the original fine does not prevent intervention where a party has been effectively denied access to the courts by an incorrect procedural procedure.
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