With its judgement of May 14, 2009, the Constitutional Tribunal decided that provisions of the Act on Court Bailiff and Enforcement Procedure were inconsistent with the Constitution to the extent they i. a. exclude a possibility that admission of a motion for enforcement proceedings outside the jurisdiction of an appellate court may be refused.

Pursuant to the Tribunal, an obligation to admit any case for enforcement, which basically forced bailiffs to act in the territory of the entire country, is a disproportional burden imposed on bailiffs. As a result of such a judgment of the Tribunal, the bailiff chosen by a creditor for conducting enforcement will be able to refuse to do it if the enforcement were to be conducted outside the jurisdiction of an appellate court where the bailiff operates.

The judgment of the Tribunal will come into force on the day it is announced in Dziennik Ustaw [Journal of Laws].

Contact person: Lech Gniady,

lg@pnplaw.pl