Court fees – an obstacle to the right to defense?

This article aims to address the topic of justice and the question of whether it can be violated by the presence of high state fees for legal proceedings.

In 1998, a woman lost her life in an unfortunate accident when a tree branch fell on her in a public place. Since municipalities are required to maintain public places in a safe condition, the incident became the occasion for the deceased woman's husband and daughter to exercise their right to compensation through legal proceedings.

Facts of the case

In 2003, the victim's heirs filed a lawsuit against the Plovdiv Municipality for 2 million leva as compensation for the non-pecuniary damages (pain and suffering) they suffered as a result of the incident.

The claim is qualified under the Law on the Liability of the State and Municipalities for Damages (ZODOV), which further develops the principle established in the Constitution of the Republic of Bulgaria that The state and municipalities owe compensation for all property and non-property damages that are a direct and immediate consequence of damage caused by them..

During the trial, the court requalified the plaintiffs' claim by determining the legal basis - Art. 45 of the Obligations and Contracts Act ("OCC"). According to the same Everyone is obliged to repair all damage that they have caused to another through culpable and unlawful behavior..

On the question of guilt

Within the meaning of Art. 45 Obligations and Contracts Act ((Law on Civil Procedure) Guilt is presumed until proven otherwise. There is a rebuttable presumption of guilt – i.e. the person who claims not guilty must prove it.

Claims under the State and Municipal Liability for Damages Act (ZODOV) do not require proof of culpable conduct on the part of the perpetrator, as the liability of the state and municipalities is without fault. This is the fundamental difference with the general regulation of tort (ZZD), where the presence of culpable conduct is a mandatory prerequisite.

The court's decision in the case

The case of the two heirs of the deceased woman went through several instances, and in the end they were awarded compensation in the amount of 100 thousand leva, along with the interest due.

As a result of the requalification discussed above, the court obliges the plaintiffs to pay a state fee of 4% of the rejected part of the claim. This fee is set at 126,000 BGN. Thus the amount of the costs of the case that the plaintiffs should have covered exceeded the amount of the compensation awarded to them.

This decision in the case is essentially unfair, as there is no statutory rule according to which a state fee must be paid on the rejected part of the claim.

Unfairness of the decision?

The European Convention on Human Rights (ECHR) recognizes every person the right to a fair trial. In this way, secure and effective, and above all impartial, protection of the rights and legal interests of individuals is guaranteed in the name of morality, public and national security in a democratic society.

The husband and daughter of the woman who died in the accident are filing a lawsuit against European Court of Human Rights in Strasbourg regarding the „unpardonable violation of their right to a fair trial“. In its decision, the European Court rightly points out that what determines the conclusion that it is violated the right of access to court, is precisely the amount of fees, which the plaintiffs were forced to pay.

A judicial paradox has been established and the European Court correctly determines the charging of these fees as excessive. The interest paid on the compensation leads to an increase in its amount to 267,868 leva and thus the ratio between the actual compensation received and the due costs of the case is also reduced. However, in its reasoning, the court points out that the fact that the purpose of the interest is compensation for the delay should not be overlooked.

With its decision, the European Court of Human Rights ordered the state to pay compensation in the amount of 12,500 euros for the violated right of the plaintiffs to a fair trial, as well as 2,184 euros in costs of the case.

Why is this case important?

The life situation thus created reminds us that justice in the modern world is not an abstract concept. European and Bulgarian legislation proclaim the rights and freedoms of individuals, the realization of which can be sought in various effective ways. It is appropriate to place emphasis on the vital right of individuals to protect their rights and interests, as well as to seek the responsibility of those who have unlawfully prevented their realization.

If you believe that your statutory right has been violated or your interests have been unlawfully harmed, you can to contact with the delikti.bg team. We will do everything possible to ensure that you receive the compensation you are entitled to.