Abstract

The article is an attempt to resolve the problem whether the enforcement fee referred to in Art. 29–30 of the Act of 28 February 2018 on bailiff costs, charged from the creditor under the enforcement proceedings initiated before 1 January 2019, may be reduced by the court as a result of a request for its recalculation. The intertemporal provisions of the Act on bailiff costs stipulate that the new regulations concerning recalculation of fees shall not be applicable to such proceedings, whereas former regulation did not foresee recalculation requested by the creditor of the enforcement fee other than that charged under Art. 49.4 of the Act on court bailiffs and enforcement. In the opinion of the author there are strong arguments for the application of the provisions for reduction of fees stipulated in the Act on bailiffs and enforcement to recalculation of fees referred to in Art. 29-30 of the Act of bailiff costs in the discussed cases.