The debtor of our client (the creditor) filed an appeal to the court against the bailiff’s actions, requesting the termination of the recovery proceedings. The debtor argued that his obligation to the creditor allegedly ended with the application of a counter-set-off. The debtor also requested for interim measures and the suspension of the recovery proceedings.
Our Dispute Resolution team convinced both the court of the first instance and the appellate court that the suspension of recovery proceedings was an exceptional measure, whereas the debtor had not proved any of the conditions for the application of the interim measures requested. Moreover, the courts agreed with our argument that the dismissal of a similar appeal against the bailiff’s actions suggests that the appeal cannot be considered preliminarily (lot. prima facie) substantiated.