On 26 April 2022 The Supreme Court, in a case under case number III CZP 91/22, adopted a resolution concerning the creditor’s incurring the costs of non-expedient initiation of enforcement in the case of filing a motion to initiate enforcement when the limitation period for the claim covered by the enforcement title has expired.
According to the content of the resolution, in the event of a refusal to initiate enforcement on the grounds of an obvious lapse of the statute of limitations of a claim resulting from an enforcement title when the creditor has not submitted a document confirming the interruption of the statute of limitations, the judicial officer issues a decision on collecting from the creditor a proportional fee in the amount of 10% of the enforced benefit.
The resolution means that a creditor filing a motion to initiate execution proceedings when the wording of the enforcement title indicates the expiry of the statute of limitations is obliged to attach to the motion a document confirming the interruption of the statute of limitations. Otherwise, the judicial officer will refuse to initiate execution proceedings and will charge the creditor a fee without calling on him to submit such a document.