The new regulation removes the head of the public authority from the category of persons who can be fined by the enforcement court, at the creditor’s request, for culpable non-performance by a public authority/public institution/legal person of an obligation to perform established by a court judgment.
In the course of time, the phrase “the head of the public authority” has led to various difficulties in its application in practice, ranging from a clear definition of the person subject to the fine to the sanctioning of the head of the public authority if the culpable non-fulfilment of the obligation laid down by the court judgment is due solely to a breach of the duties of the specialist staff of the public authority.
