Exemption from court costs in civil cases

The Act on court costs in civil cases provides for a situation in which a party may be exempted from court costs in part or in full. It is certainly important for people who limit court costs in pursuing their rights before a civil court.

Who can apply for an exemption from court costs in civil matters?

The following are exempt from the obligation to pay court costs in civil cases:

1. the party seeking the establishment of paternity or maternity and related claims;
2. the party claiming the maintenance claim and the defendant for the reduction of maintenance;
3. a party applying for recognition of contractual provisions as illegal;
4. the employee bringing the claim or the party bringing the appeal to the labor and social security court;
5. probation officer appointed by the adjudicating court or guardianship court for a given case;
6. prosecutor, Ombudsman;
7. poviat consumer ombudsman in cases concerning competition-restricting practices and practices violating collective consumer interests;
8. labor inspector and trade unions in matters related to labor law;
9. a party in matters related to the protection of mental health;
10. a party who has been exempted from court costs by the court;
11. poviat (municipal) consumer ombudsman in matters related to the protection of individual consumer interests;
12. the party seeking redress of the damage caused by the mining plant operations.

When are we partially and fully exempt from court costs?

The court decides to exempt a party from court costs in the case of a submitted application and a declaration on family status, property, income and sources of income of a natural person. However, when the court refuses to grant an exemption from court fees, the party is entitled to a gratuitous complaint. In the above decision, the court may release the party from paying part of the court costs if the party is able to pay the court costs in part. In the decision on exemption from court costs in part, the court determines the scope of the costs from which the party is to be released. However, in the case of an order to exempt a party from court costs in full, the party does not pay any court fees and does not incur any other expenses. However, attention should be paid to Art. 108 of the Act on Court Costs in Civil Cases, which provides that the exemption from court costs does not release the party from the obligation to reimburse the opponent for litigation costs, and above all from the costs of legal representation, awarded to the other party due to the participation of a professional attorney in their case.