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62 Janusz Jankowski

Consumcr Ombudsman, a labour inspoctor as wcll as tradc unions in case fading within labour law.

The party entirely exempted from court costs does not pay court fccs or incur expcnscs which tcmporarily burdcn thc State Treasury (Art. 100 sec. I of the Act).

Undcr the Act. partial esempłion from court cosłs refers only to fca. The State Treasury cnjoys the right to such cxcmption (subjcctivc exemplion Art. 94 of tbc Act). However, in somc cascs fces arc not chargcd. for cxamplc, on: a petition for sccuring thc daim submitted in the writ in-stituting procecdings. for thc acccptancc of dedaration of paternity, for giving a Family namc to a chiid, for child adoption. for taking away a persoo subjcct to parcntal authority or a person in custody (Art. 95 of thc Acl - objcctivc cxemp(ion). ComNned (subjcc*ivc-objcctivc) cxcmption takes plact in thc casc of a minor bcing exempted from fees for a petition. appcal and plaint in cascs involving minors (Art. 95 sec. 3 of thc Aa).

An individunl who has madc a dedaration of not being ablc to incur the burdcn of court costs witbout detriment to his/her maintenanoc as wdl as that of his/her family may rcqucst cxcmption from court costs by the court (Art. 102 of thc Aa).

The court may cxcmpl a party from court costs entirely or in part A party granted fuli cxcmption from court costs is obliged to pay a basie fcc chargcd on all writs subjca to a fcc unless a spcdal rcgulation provkks otherwise (Art. 100 of thc Aa). The court can also excmpt a party froo court costs in part if such party is ablc to incur only somc of theses costs (Art. 101 of thc Aa).

An application for cxcmption from court costs should be accompanicd by a statement containing the details of family status, property. incomes and sourccs of maintcnance of the person applying for cxemption freo costs. The statement is drawn up accordmg to an established pattern. If tbc statement has not been submitted or does not contain all neccssary infor-mation. Art. 130 of thc C.GP. is applied undcr which tbc prcsiding judge dcmands that thc applicant complctc thc documcnts within u fixcd ume undcr pain of retuming thc application in thc casc of failurc to comply with thc dcmand (Art. 102 of thc Aa).

The court may have thc following plcdgc given by a person applying fa cxemption from costs: “Fully awarc of the mcaning of my words and legał responsibility. 1 dcclarc that thc statement which I submitted of my family status, property, incomes and sourccs of maintcnance is truć and rdiablc." Beforc hearing thc plcdgc, thc person applying for cxcmpUon from court costs musi be instruacd about thc content of thc statutory provision which States that a party cxcmpted from court costs on thc basis of intcntional statement of untruc circumstanccs shall be senteneed to a finc of up to

PLN 1000 by thc court and thc cxemption shall bc withdrmwn Regardless of thc obligation to pay thc finc, such party shall pay all required fccs and cover all cxpcnscs chargcd (Art. III of thc Act).

The court may also cxempt from court costs a legał person or an organi/ational unit not bdng a legał person upon which legał capacity is coofcrrcd by stalute, if such person has duły dcmonstrated thc fact of not having sufficient mcans to pay them (Art. 103 of thc Act).

Non-govcmmcntal organi/ations not involved in business activitics - can bc granted by thc court esemption from coun costs in cascs related to their social, sdcnttfic, cducational, cultural, charitablc, mutual-aid activity u wcll as that associalcd with consumcr protcction. cnvironmcnl protcclion ind social wdfarc. Granling excmption from court costs, the court takes into considcration in thc first place thc slatutory objcctives of a givcn organi/ation and thc possibilities as wcll as nceds of thc implemcntation of thesc objcctivcs through dvil procedurę (Art. 104).

An application for cxemption from court costs must bc submitted in writing or orally to bc rccorded in thc court where thc action is to bc insłitutcd or is alrcady pending. The submission of a petition to bc rccorded by the court does not repcal thc obligation of drawing up thc statement of family status, property, incomes and sourccs of maintcnance of thc person applying for excmption from costs according to an established pattern (Art. 105 sec. I).

The court may order applicablc invcstigation if on thc basis of the facts of tbe casc or statements madę by thc opposing party it oomes to doubt thc truthfulncss of thc fmancial status of the party rtquesting cxemption from coun costs or cnjoying it.

The court refuses to exempt a party from court costs if thc gro and-le«ncss of the daim asserted or defence of rights is obvious (Art. 109 of thc Act).

Activities related to exempting from court costs providcd for in thc Act can be performed not only by thc court hut also by a court oflkial (referendarz sądowy) (Art. 118 of thc Act).

It is worth rcmarking that the Act on coun costs in civil cascs also coatains provisions rcgulating opportunitics of remission of fccs, arranging innalmcnts for payment and respite for payment of court dues (An. 119 125 of thc Act).

It must bc stres sed that cxcmption from court costs does not cxcmpt a party from the obligation of reimbursement of costs of prooccdings to thc opposing party (Art. 108 of thc Act), as discussed below.

As mentioncd carlicr, thc costs of avil procecdings consist. besides coun costs. of costs related to representation and costs related to thc activity of a participant in procecdings.