Recourse to the financial commissioner as a condition for the exercise of the right to sue

The article analyses the legislative regulation of the mechanism of appeal to the Financial Commissioner before filing a complaint to the court, its procedural aspects and consequences of non-compliance with this preliminary procedure. Notwithstanding the general conclusion that this method of dispute settlement is useful, including, inter alia, a period for recourse to judicial bodies, shortcomings have been noted that would unnecessarily complicate the procedure and, in some cases, make it a meaningless exercise. Based on the case law, it has been proposed to simplify the procedure for recourse to the court in situations where a dispute is known to be impossible to resolve without the involvement of the court.