Communicated on 15 April 2015
THIRD SECTION
Application no. 43838/10
Elena Laura RĂU and Eliza GÂLEA
against Romania
lodged on 8 July 2010
STATEMENT OF FACTS
The applicants, Ms Elena Laura Rău and Ms Eliza Gâlea, are Romanian nationals, who were born in 1943 and 1928 respectively and live in Iaşi.
A. The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 31 March 2008 the applicants, who are both retired, opened proceedings against the Iaşi Mayor’s Office seeking the annulment of a donation act for a house and the appurtenant land located in the centre of Iaşi signed by the second applicant in favour of the Romanian State during the communist regime.
By a judgment of 5 February 2009 the Iaşi District Court allowed the applicants’ action. The Iaşi Mayor’s Office appealed against the judgment.
By a judgment of 4 November 2009 the Iaşi County Court allowed the Iaşi Mayor’s Office’s appeal and quashed the first-instance court’s judgment. The applicants appealed on points of law (recurs) against the judgment.
On 5 February 2010 the Iaşi Court of Appeal asked the applicants to pay 9,552 Romanian lei (RON) (approximately 2,300 euros (EUR)) in stamp duty in order for their appeal on points of law to be examined.
On an unspecified date the applicants challenged the value of the stamp duty before the last instance court. They argued that they were both retired persons and it was impossible for them to pay such a high amount in stamp duty. Consequently, their access to court was denied and they were prevented from recovering their home. They further argued that the first‑instance court had considered that their action lacked a patrimonial object and therefore had asked them to pay RON 8 (approximately 2 euros) for stamp duty. According to the relevant domestic rules the stamp duty due for the examination of their appeal on points of law had to be half of the one paid in order to initiate the proceedings.
On 17 February 2010 the Iaşi Court of Appeal dismissed the applicants’ challenge. It held that according to the relevant domestic legislation the applicants’ action had a patrimonial object. Consequently, the value of the stamp duty due had been correctly calculated as a percentage of the estimated valued of the property.
By a final judgment of 19 February 2010 the Iaşi Court of Appeal annulled the applicant’s appeal on points of law against the judgment of 5 February 2009. It held that the applicants had failed to pay the required stamp duty and therefore their appeal on points of law could not be examined.
B. Relevant domestic law
The relevant legislation on court fees which was in force at the material time is set out in Postolache v. Romania (no. 2), no. 48269/08, §§ 23-26, 6 July 2010.
COMPLAINT
The applicants complain that the last-instance court, without considering their personal circumstances, refused to reduce the excessively high duty stamp fee and annulled their appeal on points of law, thereby infringing their right of access to court in breach of Article 6 § 1 of the Convention.
QUESTION TO THE PARTIES
Has there been a breach of the applicants’ right of access to court within the meaning of Article 6 § 1 of the Convention on account of the last-instance court’s refusal to reduce the stamp duty due by the applicants and the subsequent annulment of their appeal on points of law for non‑payment of the said fee?
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