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Amended provisions on bailiff fees P 6/19

Ref. No. P 6/19


Warsaw, 1 December 2020

The Constitutional Tribunal, composed of:

Rafał Wojciechowski – Presiding Judge
Zbigniew Jędrzejewski
Leon Kieres – Judge Rapporteur
Julia Przyłębska
Jakub Stelina,

having considered, at a sitting in camera on 1 December 2020 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – the question of law referred by the District Court in Zielona Góra as to

whether Article 52(2) of the Act of 28 February 2018 on Bailiff Expenses (Journal of Laws – Dz. U. item 770) – insofar as it provides for issuing a decision to charge a bailiff fee to a party in enforcement proceedings, which were instituted but not closed prior to the entry into force of the said Act, without correlating the decision on the charge of the bailiff fee with the date when an event justifying the charge of the fee took place, thus entailing that the fee is charged to the creditor and/or the debtor – is consistent with Article 2 and Article 32(1) of the Constitution,

adjudicates as follows:

Article 52(2) of the Act of 28 February 2018 on Bailiff Expenses (Journal of Laws – Dz. U. of 2019 item 2363 as well as of 2020 item 288) – insofar as it pertains to the discontinuation of enforcement proceedings, upon the application filed by the creditor prior to the entry into force of the said Act – is inconsistent with Article 2 and Article 32(1) of the Constitution of the Republic of Poland.

Moreover, the Tribunal decides:

to discontinue the proceedings as to the remainder.                                                

The ruling was unanimous.

Rafał Wojciechowski
Zbigniew Jędrzejewski
Leon Kieres
Julia Przyłębska
Jakub Stelina