Abstract

In its judgment of 14 April 2015 (ref. no. P45/12) the Constitutional Tribunal found that the regulation of the Banking Law concerning a bank enforcement order is incompatible with Art. 32.1 of the Constitution, which lays down the principle of equality before the law. This regulation will expire on 1 August 2016. The commented judgment is substantiated, though its consequences are not unequivocally advantageous to banks’ clients. In many cases they will be charged with the costs of legal proceedings (as losing parties) and with the costs of notarial deeds, which are likely to replace bank enforcement orders.