Ending enforcement at a creditor’s request: all creditors must consent

Under Article 456 of the Code of Civil Procedure, a creditor may join enforcement proceedings already brought by another creditor against the same debtor in order to obtain payment from the very asset against which enforcement is directed. The joining creditor becomes a party. Under Article 457(1) and (2), that creditor has the same procedural rights as the original creditor and benefits from enforcement measures taken both before and after joining.

According to settled case law, where there are several enforcement creditors, whether they initiated the proceedings or joined them later, enforcement can be terminated in its entirety at their request only with the consent of all of them (Supreme Court Decision No. 1544-67-I-GO and Supreme Court of Cassation Decision No. 85 of 11 May 2016 in Civil Case No. 5643/2015). A request by the original creditor alone cannot terminate the entire proceedings under Article 433(1), point 2, of the Code. Otherwise the joining creditors would lose the opportunity to recover their claims even though the debtor still has assets and steps have already been taken to realise them. Moreover, Article 433(1), point 2, concerns disposition of one’s own procedural and substantive entitlement to payment. Each creditor can therefore request termination only in respect of its own claim, not the claims of others. The opposite conclusion would permit a creditor to dispose of another’s rights, which is allowed only where expressly provided by law.

This article is not a legal opinion or advice on any particular situation or person. For legal assistance in a similar case, consult a civil lawyer specialising in enforcement proceedings.