The one who pays a 25 euro fine regarding the road code has also access to the courts

JUDGMENT 

Varadinov v. Bulgaria 5/10/2017 (no. 15347/08)

see here

SUMMARY 

Administrative fine for traffic offense. No possibility of legal challenge. Infringement of the right of access to a court.

PROVISIONS

Article 6

Article 13

PRINCIPAL FACTS 

The applicant, Pavel Varadinov, is a Bulgarian national who was born in 1981 and lives in Brestovitsa (Bulgaria). The case concerned the fact that it had been impossible for him to challenge a penalty for a road-traffic offence and his complaint concerning the right of access to a court.

On 16 September 2007 Mr Varadinov was given a parking ticket by the road-traffic police for having committed an administrative offence, in that he had parked his car in an unauthorised area. On 21 September 2007 the regional police director imposed a fine of about 25 euros (EUR) – 50 Bulgarian levs (BGN) – and the loss of five points from his driving licence.

On 15 October 2007 Mr Varadinov lodged an appeal with the Plovdiv District Court, arguing that his car had not been parked and that he had not created a dangerous situation for others; however, the court ended the proceedings on the grounds that decisions imposing a fine of less than BGN 20 could not be submitted for judicial examination.

Relying in particular on Article 6 (right to a fair hearing and right to access to a court), Mr Varadinov alleged that he had been unable to have his case heard by an independent and impartial tribunal established by law.

THE DECISION OF THE COURT 

Violation of Article 6 § 1

Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by Mr Varadinov. It further awarded him EUR 300 for costs and expenses(echrcaselaw.com editing). 


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