Point of law: whether the laws on judicial bailiffs-executors and execution procedure give the judicial bailiff-executor the power to request from a mobile network operator a confidential data concerning a subscriber (debtor), including the number of his cell phone?

Alternative constructions of the law: 1) the judicial bailiff-executor does not have such power, because the laws in question do not meet the criteria provided by the legislation on the protection of personal data for those special cases in which, by way of exception from general rules, the disclosure of personal data is permitted; 2) he has such power because the laws in question do meet the criteria established by the special legislation for making such exceptions.

Ratio decidendi: the Presidium has deemed the second construction to be right in law.

Practical consequences: the Judgment does not say 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.