PPE 4/2025
Glosa do uchwały Sądu Najwyższego z dnia 5 kwietnia 2024 r., III CZP 6/23
Mateusz Muszyński
student V roku prawa na Wydziale Prawa i Administracji Uniwersytetu im. Adama Mickiewicza w Poznaniu; ORCID: 0000-0003-3166-8575
ABSTRACT
Comment on the Resolution of the Supreme Court of 5 April 2018, III CZP 6/23
Mateusz Muszyński, law student of the 5th year at the Faculty of Law and Administration at Adam Mickiewicz University in Poznań; ORCID: 0000-0003-3166-8575
The entry into force of the Act of 28 February 2018 on Enforcement Fees introduced significant modifications to the existing rules governing the allocation of enforcement costs to the creditor. The legislative amendment gave rise to a legal dispute concerning the semantic scope of the expression „manifestly unwarranted initiation of enforcement proceedings“ as used by the legislator in Article 30 of the Enforcement Fees Act. The author of the commentary addresses this issue in light of the resolution of the Supreme Court of 5 April 2024, case no. III CZP 6/23. In the cited judgment, the Court held that the filing by a creditor of a motion to initiate enforcement proceedings against a deceased debtor may constitute a manifestly unwarranted initiation of enforcement proceedings. In the commentator’s view, the Supreme Court’s position merits approval. The author explicitly endorses the Court‘s departure from the approach taken in earlier case law, which tended toward an objectivised
interpretation of the concept of “manifest unwarrantedness” in the initiation of enforcement proceedings. Furthermore, the commentary elaborates on the principle of in dubio pro libertate and the prohibition of interpretatio per non est in the context of the issue under analysis. In its final part, the commentary also includes comparative legal considerations.
Keywords: enforcement proceedings, unreasonable initiation of enforcement proceedings, creditor, bailiff fees, enforcement costs