The Admissibility of a Bailiff’s Enforcement Fee in the case of evidently pointless initiation of enforcement proceedings – commentary on the Resolution of the Supreme Court of 6 April 2024, III CZP 6/23

Abstract

The resolution of the Supreme Court deserves approval, but with one condition. It should be understood as the Court’s indication of one of the many reasons for evidently pointless initiation of enforcement proceedings. The views of the Supreme Court presented in the justification of the resolution must be criticized. This is a partially critical gloss. The judgment concerns the submission of an application by the creditor to initiate enforcement against a deceased debtor. Such an application can certainly constitute an evidently pointless initiation of enforcement proceedings (Article 30 of the Act of 28 February 2018, on Court Enforcement Fees). According to the Court, requiring the creditor to investigate whether the debtor retains legal capacity is contrary to the requirements of business practice and would increase expenses before initiating enforcement. The arguments presented by the Supreme Court have no basis by law. The bailiff performs a lot of actions on application the creditor. Court bailiffs would be burdened with additional responsibilities – without regulation. a critical opinion is of significant importance for practice (toward these arguments presented by the Court), including the possibility of imposing a fee.