PPE 4/2025
Sądowa kontrola postanowień komornika sądowego w przedmiocie kosztów egzekucji
dr hab. Ireneusz Wolwiak
Instytut Nauk Prawnych, Wydział Prawa i Administracji, Uniwersytet Śląski w Katowicach; ORCID: 0000-0002-6894-058X
ABSTRACT
Judicial Review of Judicial Officer’s Decisions on Enforcement Costs
dr hab. Ireneusz Wolwiak, Institute of Law, Faculty of Law and Administration, University of Silesia in Katowice; ORCID: 0000-0002-6894-058X
With completion of the enforcement proceedings, the bailiff issues a decision determining the costs of enforcement. This action may be appealed against in the form of a complaint, leading to the initiation of court proceedings. The correctness and justification of the decision made by the bailiff is subject to assessment by the court, as part of the examination of the complaint conducted either by a court registrar or by a judge. While the course of such proceedings will not differ, there will be significant differences in the conduct of further proceedings initiated by a complaint against a ruling of a registrar or an appeal against a court decision.
The appeal is examined by a three-judge panel, while the complaint is examined by a single judge. In the case of a first-instance decision, if its importance or precedent-setting nature warrants, the appeal may be considered by the district court. Regardless of the assessment of the correctness and validity of the bailiff‘s decision regarding the costs of enforcement, they may also be subject to such assessment within the framework of the institution of the court issuing supervisory orders pursuant to Article 759 § 2 of the Code of Civil Procedure. The scope of competences of a court registrar or a judge issuing a ruling ordering the appropriate conduct of a bailiff is not strictly defined by the provisions of the Code of Civil Procedure, being the subject of scientific polemics, while the Supreme Court has issued divergent rulings. The issue of controlling the bailiff‘s decision on the costs of enforcement proceedings at each of these levels of statutory regulation became the subject of the analysis contained in the study.
Keywords: bailiff, supervision over bailiff, judicial execution, costs of enforcement, appeal against a court enforcement officer’s actions, judicial supervision