PPE 2/2026
Opłaty egzekucyjne w razie umorzenia postępowania egzekucyjnego na podstawie art. 29 ust. 4 ustawy o kosztach komorniczych
dr Anna Czarna
komornik sądowy
ABSTRACT
Enforcement Fees in the Event of Discontinuance of Enforcement Proceedings under Article 29(4) of the Act on Bailiffs’ Costs
dr Anna Czarna, judicial officer
This study analyzes the structure of the so-called final fee provided for in Article 29(4) of the Act on Bailiffs’ Costs, charged to the creditor in the event of discontinuance of enforcement proceedings for reasons other than those specified in Article 29(1) of the Act. The evolution of the model of financing judicial enforcement is presented, with particular emphasis on the departure from the principle of compensating ineffective proceedings with revenues derived from effective cases. Subsequently, the fiscal function of the final fee is examined, along with its relationship to the catalogue of subjective exemptions and its financial implications for bailiffs’ offices. Consideration is also given to the current case law of the Supreme Court as well as to doctrinal views. In conclusion, de lege ferenda proposals are formulated with a view to enhancing the stability of the enforcement financing system while preserving the constitutional right of access to a court.
Keywords: enforcement fee, discontinuance of enforcement proceedings, financing of enforcement, costs of enforcement, court bailiff, subjective exemptions, indexation of fees, effectiveness of enforcement