Supreme Court held the Administrative Collegium is competent to hear appeals against decisions refusing to start proceedings due to unpaid fees.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court confirmed that the Administrative Collegium is the proper body to hear appeals against decisions refusing to initiate proceedings due to unpaid fees. The applicant submitted a 'protest' to a local court, arguing it should transfer the case to a regular court, while the local court rejected this as an improper appeal. The court ruled that since no formal proceedings existed due to the unpaid fee, a protest was legally impossible, and the correct remedy was an appeal to the Collegium itself.
Legislator-Regeste
KI-generiertArt. 43c ust. 4 in fine; Art. 261 § 3 KPA; Art. 43e ust. 1; Art. 43e ust. 2; Art. 43b ust. 2; Art. 261 § 2 KPA: When a formal application fails to commence proceedings due to non-payment of fees, the administrative collegium must refuse the request, and the applicant's remedy is an appeal to the collegium, not a protest to a regular court.