Published: 2025-09-30

Judicial mitigation mechanism to enforcement fees for the enforcement of non-monetary benefits – contribution to the discussion

Jakub Bródka
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2025.25.3.07

Abstract

This article is an analysis of the admissibility of extending the judicial mitigation mechanism of the enforcement fee to the fees for the enforcement of non-monetary benefits. It presents and discusses the history of the institution of mitigation regarding the enforcement fee since the Bailiffs and Enforcement Act (Ustawa o komornikach sądowych i egzekucji) came in force in Poland, the prerequisites for its application and its interpretation in the doctrine and court practice. The article also addresses the mechanism for the collection of fees for the enforcement of non-monetary benefits. The characteristic feature of this type of enforcement does not preclude a judicial assessment of the fairness of the fee established, particularly if the enforcement concerns the surrender of real estate or vacating the premises and the surrender of goods. Such a conclusion is supported by the qualitative change in the normative form of the institution of mitigation and the established practice of Polish courts in the application of Article 48 of the Act. This stands in contrast to the mechanism of statutory mitigation, which does not take the individual circumstances of the case into account and is not subject to judicial review. Hence we may conclude that it would be reasonable to propose an amendment extending the judicial mitigation of the enforcement fee to fees for the enforcement of non-monetary benefits.

Keywords:

mitigation of execution fee, enforcement proceedings, bailiff

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Citation rules

Bródka, J. (2025). Judicial mitigation mechanism to enforcement fees for the enforcement of non-monetary benefits – contribution to the discussion. Zeszyty Prawnicze, 25(3), 171–196. https://doi.org/10.21697/zp.2025.25.3.07

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