Point of law: whether an enforcement fee wrongly levied by a court bailiff-executor from the debtor and subsequently refunded following a suit of one of the creditors should be entirely spent to meet lawful claims of this particular creditor or the latter is entitled to only pro rata portion of the sum in question in accordance with the share of his claims within the consolidated execution procedure?

Alternative views: 1) the sum of the enforcement fee so refunded should be entirely spent to cover the losses of the plaintiff caused by wrong actions of the court bailiff; or 2) the plaintiff is entitled to recover his losses pro rata only, in accordance with the sum payable to him as indicated in the execution writ.

Ratio decidendi: the Presidium held that the second version is legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.