Point of law: whether judicial bailiff-executor is obliged to respond in writing to requests from parties to execution proceedings?

Alternative attitudes: 1) he does not have such duty; or 2) parties to execution proceedings have a right to participate in execution measures taken by the judicial bailiff-executor; and the duty correlating to this right is the duty of judicial bailiff-executor to notify them about execution measures, the time and place thereof, and to inform them about the measures of compulsory execution (the view of the panel of judges of the Supreme Commercial Court).

Ratio decidendi: the second approach is legally correct.

Practical consequences: the present Judgment may have significance for claiming judicial protection in cases when some duty of an official was not directly established by law but still may be deduced constructively from its provisions. 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.