The critical commentary on the Supreme Court’s resolution concerns the conclusion that the commencement of enforcement proceedings against a debtor who died before the enforcement was initiated constitutes an obviously groundless commencement of enforcement proceedings. The commentator disagrees with such a far-reaching extension of the application of Article 30 of the Act on Bailiffs’ Fees and with the argumentation presented by the Supreme Court, which boils down to the statement that this provision is detached from the creditor’s procedure. This commentary demonstrates that the judgement as to whether there has been an obviously ineffective commencement of proceedings should be subjective in nature, i.e. presupposing an assessment by the enforcement authority as to whether the creditor acted with due diligence in making the motion for the initiation of the enforcement proceedings. An objective interpretation of Article 30 of the Act on Bailiffs’ Fees leads to a distortion, in the case of the debtor’s death, of the aggravated form of groundlessness and, therefore, to harm to the creditor. Even with due diligence, a severe finan-cial sanction will be levied against the creditor also when the law does not require him/her to take certain actions. The imposition of an enforcement fee on the creditor should be of an exceptional and extraordinary nature, and the discussed resolution has extended its application to new subjects.