Monitor Prawniczy

no. 23/2022

Remuneration of attorneys ad litem

DOI: 10.32027/MOP.22.23.6
Marcin Dziurda
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego; ORCID: 0000-0003-2896-818X.
Abstract

In the Supreme Court Resolution of 5 November 2021, III CZP 68/20, the Supreme Court explained that the value-added tax should be added to the remuneration of an attorney ad litem (kurator procesowy) appointed pursuant to Art. 69 § 1 of the Code of Civil Procedure if the attorney ad litem is a taxable person required to settle that tax (in practice, this applies to some advocates and attorneys at law). Furthermore, it was determined that a complaint may be filed against the decision regarding remuneration of the attorney ad litem, which under the current state of law is a horizontal complaint (per analogy, pursuant to Art. 3941a§ 1.9 of the Code of Civil Procedure, it is recognised by another bench of a first-instance court). In the Supreme Court Resolution of 21 January 2022, III CZP 37/22, the Supreme Court shared the same view in regard to the remuneration of an attorney ad litem appointed pursuant to Art. 144 § 1 of the CPC for a person whose whereabouts are unknown.