Act No. 179 / 2024 Coll.
Law on collective civil proceedings
Valid
Law
Effective from 01.07.2024
Text versions:
01.07.2024
24.06.2024
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
HLAVA II
§ 4
§ 5
§ 6
HLAVA III
Díl 1
§ 7
§ 8
§ 9
Díl 2
Oddíl 1
§ 10
§ 11
Oddíl 2
§ 12
ČÁST DRUHÁ
HLAVA I
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
HLAVA II
Díl 1
§ 21
§ 22
§ 23
§ 24
Díl 2
Oddíl 1
§ 25
§ 26
§ 27
Oddíl 2
§ 28
§ 29
§ 30
Díl 3
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
Díl 4
§ 44
§ 45
§ 46
§ 47
§ 48
HLAVA III
Díl 1
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
Díl 2
§ 55
Díl 3
§ 56
HLAVA IV
§ 57
§ 58
§ 59
HLAVA V
§ 60
HLAVA VI
Díl 1
§ 61
§ 62
§ 63
Díl 2
§ 64
§ 65
§ 66
§ 67
HLAVA VII
§ 68
§ 69
§ 70
HLAVA VIII
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
ČÁST TŘETÍ
§ 77
§ 78
ČÁST ČTVRTÁ
HLAVA I
§ 79
§ 80
HLAVA II
§ 81
§ 82
ČÁST PÁTÁ
HLAVA I
§ 83
§ 84
§ 85
HLAVA II
§ 86
§ 87
§ 88
§ 89
ČÁST ŠESTÁ
§ 90
§ 91
§ 92
§ 93
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179
THE LAW
of 29 May 2024
on collective civil proceedings
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Basic provisions
Subject matter
(1) This law lays down the conditions under which, in one civil procedure, disputes concerning the rights or legitimate interests of several persons (hereinafter referred to as' collective proceedings') may be discussed and decided on, and the procedure for such proceedings and the enforcement of a decision given in that procedure.
(2) This law implements the relevant European UnionRegulation (1).
Definition of certain basic terms
(1) For the purposes of this Act:
(a) by collective action, an application for the initiation of a collective proceedings by which the applicant seeks to fulfil an obligation or to determine whether or not there is a legal relationship or a law;
(b) a similar factual and legal basis for the operative event which is the same or which is similar to such an extent that it is expedient that the rights or legitimate interests based on such facts are discussed and decided in a collective proceedings;
(c) a group of several persons who are claimed rightholders or legitimate interests based on a similar factual and legal basis;
(d) the participating member of the group, the member of the group who has applied for the joint proceedings as provided for;
(e) a precondition for membership of a group to define a similar factual and legal basis for the rights or legitimate interests of the group,
(f) by individual proceedings of civil proceedings brought by actions brought under civil law before a court or before an administrative authority which, under other legislation, is discussing and deciding disputes arising from private law arrangements, whether those proceedings concern the rights or legitimate interests of two or more persons,
(g) identification details of the name, surname, residence and date of birth, or, where appropriate, the birth number or similar unique identifier, natural person or name, registered office and legal entity identification number;
(h) by the consumer, a natural person acting outside his business or profession;
(i) by an entrepreneur, a natural or legal person acting alone or through another person in the course of his business, business or self-employed activity.
(2) An entrepreneur who employs fewer than 10 people and whose annual turnover or balance sheet total of the annual balance sheet does not exceed CZK 50 000 000 is considered to be a consumer under this law.
Application of the Civil Code
Save as otherwise provided for in this law, the Civil Code shall apply to the procedure under this law.
Jurisdiction and jurisdiction of the court
In collective proceedings, courts shall discuss and decide disputes arising from the legal relationship between consumers and entrepreneurs.
Disputes in collective proceedings shall be discussed and decided only by the courts; the provisions of other legislation concerning private law disputes being discussed and decided by an administrative authority shall not apply to collective proceedings.
The Municipal Court in Prague is responsible for collective proceedings at first instance.
Mass management bodies
Participants in the mass proceedings
Definition of participants
The parties to the mass proceedings shall be the applicant and the defendant.
Prosecutor
(1) An applicant in collective proceedings may only be a legal person who is registered in the list of authorised persons under the Consumer Protection Act or, together, several such persons.
(2) Compliance with the conditions referred to in paragraph 1 shall be verified by the court at the first action taken by the applicant in the collective proceedings.
Position of the applicant in collective proceedings
(1) The plaintiff acts in collective proceedings on his own behalf in the interests of the group.
(2) If there are more applicants in collective proceedings, the acts of one of them and others shall apply. All applicants' consent shall be required to amend the class action, withdraw it and conclude the settlement. However, if one of the applicants does not act clearly in the interests of the group, the court may accept the amendment, withdrawal or settlement, even if the applicant does not agree with them; no appeal is admissible against a court order.
(3) The plaintiff is required to act with due care, to procure evidence and evidence in favour of the protection of the alleged rights or legitimate interests of the group, and to receive and deal with the initiatives of the members of the group involved.
Special bodies of mass management
Participating member of the group
Position of the participating member of the group
The participating member of the group shall not be a party to the mass proceedings and may not participate as an intervener; in collective proceedings, he is entitled only to procedural rights under § 11.
Procedural rights of the participating member of the group
(1) The participating member of the group shall, under the conditions laid down in this Act, have in collective proceedings:
(a) the right to withdraw its application;
(b) the right to comment on its subject matter or course;
(c) the right to information about its progress;
(d) the right to inspect the file;
(e) the right to object to a proposal for a settlement, an application for amendment of a class action or an application for withdrawal; and
(f) the right to comment on the appeal.
(2) If the file is not kept electronically, the court may, in order to ensure the speed and effectiveness of the hearing, take organisational or other appropriate measures to limit the right of a participating member to consult the file in a proportionate manner while maintaining the substance of that right.
Administrative and non-judicial dispute resolution body
An administrative authority which would otherwise be competent to rule in disputes arising from private law arrangements pending in a collective proceedings and an out-of-court dispute resolution body shall have the right to make observations to the courts on the substance of the matter.
GROSS MANAGEMENT IN FIRST INSTANCE
Mass action and its admissibility
Forms of collective action
(1) In addition to the particulars of the application for the initiation of proceedings under the Civil Code, the collective action must also contain:
(a) an indication that it is a class action;
(b) the conditions for membership of the group;
(c) an indication of the facts showing compliance with the conditions for the admissibility of a class action pursuant to Article 15; and
(d) the amount of the remuneration, if the claimant requests remuneration under this law, and an indication of the facts showing the adequacy of the remuneration proposed, or, where appropriate, a statement that the claimant will not demand such remuneration.
(2) The class action must show what the plaintiff seeks in favour of the members of the group. Where the claimant requests payment of a sum of money or other comparable obligations, he shall indicate in the class action the amount of the performance due to the individual member of the group or at least the manner in which that amount can be determined at the latest on the day of the court's decision on the substance of the case.
(3) The amount of remuneration referred to in paragraph 1 (d) shall be expressed by the applicant by the establishment of:
(a) the percentage requested, if it is for remuneration pursuant to Paragraph 64 (1);
(b) cash amounts, if they are for remuneration under Paragraph 64 (2).
Representation
The applicant must be represented by a lawyer in a collective proceedings.
Conditions for the admissibility of a class action
A class action shall be admissible if:
(a) the applicant fulfils the condition laid down in Article 8 (1);
(b) the applicant acts in the interests of the group and is not in conflict of interest;
(c) the group has at least 10 members;
(d) the alleged rights or legitimate interests of the members of the group are based on a similar factual and legal basis;
(e) has not been submitted in an abusive intention,
(f) it is not financed by a third party who is a competitor of the defendant, is dependent on the defendant or is unduly affecting the applicant in a way that would harm the interests of the group.
Assessment of the admissibility of a class action
(1) The Court of First Instance will first examine the admissibility of the collective action after the opening of the procedure.
(2) The Court of First Instance will allow the defendant to make his views known before a decision on the admissibility of a class action within the time limit prescribed by the court to fulfil the conditions governing the admissibility of a class action.
(3) In order to assess the conditions for the admissibility of a class action, the court may order proceedings.
(4) The Court of First Instance decides on the admissibility of a class action by order. The Court of First Instance shall give this order priority, as soon as possible and with particular attention.
Withdrawal of the mass proceedings
(1) If there is a lack of a condition for the admissibility of a class action which can be removed or a lack of a condition under Paragraph 14, the court shall take appropriate measures to remove it.
(2) If such conditions for the admissibility of a class action, the deficiency of which cannot be remedied or the lack of conditions referred to in paragraph 1 has not been met, the court shall stop the collective proceedings.
(3) The applicant shall inform the members of the group that:
(a) may initiate individual proceedings; or
(b) have become legally participating members of the group of other collective proceedings and may withdraw their application if a change to the collective proceedings has taken place pursuant to Paragraph 27.
Order on the admissibility of a class action
(1) The Court of First Instance, in its order to rule that a class action is admissible, shall also state:
(a) the subject matter of the collective proceedings and the facts of the collective action;
(b) the definition of a group, indicating the assumptions for membership of a group, so that their membership of a group is identifiable and can be registered in a mass procedure on the basis of that definition;
(c) the amount of the remuneration, where the claimant belongs under that law;
(d) the invitation and the deadline for applying for mass proceedings, which shall be determined by reference to the nature of the dispute and the size of the group and which shall be at least 2 months, but not more than 4 months after publication of the final order on the admissibility of a class action in the register of collective proceedings; and
(e) the manner in which information on ongoing collective proceedings is published in accordance with this Act.
(2) Paragraph 13 (3) shall apply mutatis mutandis to the indication of the amount of remuneration referred to in paragraph 1 (c).
Service of resolutions
(1) Where a class action has been brought in a dispute arising from private law arrangements which would otherwise have been the competent administrative authority, the court shall also deliver the judgment under Paragraph 18 to that authority.
(2) If a class action has been definitively admitted, the court shall publish a class action and order on the admissibility of the class action without undue delay in the register of collective proceedings.
Appeals
(1) The appeal court shall give its decision of appeal as a matter of priority, as soon as possible and with particular attention.
(2) An appeal shall not be admissible against a decision of the appellate court which has been confirmed by a decision of the Court of First Instance on the acceptance of a collective action or which has been amended by that court in such a way that a collective action is admissible.
Mass proceedings on the substance
Initiation and further conduct of the mass proceedings in the substance of the case
The collective proceedings on the substance of the case shall be opened on the date on which the final order on the admissibility of the collective action in the register of collective proceedings was published.
Notice of initiation of a mass proceeding in substance
The plaintiff shall publish without undue delay the notice of initiation of the mass proceedings in the substance of the case.
The notice of initiation of the mass proceedings on the substance shall be made clearly and clearly and shall contain, in addition to the reference to the register of collective proceedings, at least:
(a) that a member of the group may apply for and what the effects of such registration are, indicating the manner in which a member of the group may apply for a group procedure and the time limits for applying;
(b) the procedural rights of the participating member of the group and the possibilities for their execution;
(c) that a participating member of the group is not entitled, in the event of the success of the class action, to reimbursement of the costs of the collective proceedings and that the costs of the collective proceedings in the event of failure in the case are borne by the applicant;
(d) whether the claimant is to be remunerated in the event of success and the amount thereof; and
(e) the extent to which the judgment is binding on the members of the group concerned.
(1) The conditions governing the admissibility of a class action shall be examined by the Court at any time in the course of the mass proceedings on the substance of the case.
(2) If new facts or evidence are found in the collective proceedings, or evidence, that one of the conditions for the admissibility of a collective action is not fulfilled, and if that deficiency has not been remedied within the court's prescribed time limit, the court shall stop the collective action.
(3) The order to terminate the mass proceedings will be published by the court in the register of collective proceedings without undue delay.
(4) In the event of termination of proceedings, the applicant shall inform the members of the group concerned that:
(a) may initiate individual proceedings; or
(b) have become legally participating members of the group of other collective proceedings and may withdraw their application if a change to the collective proceedings has taken place pursuant to Paragraph 27.
Relationship of mass proceedings to other proceedings
Relationship to other collective proceedings
Quantities of collective proceedings
The publication of a final order on the admissibility of a class action shall not prevent another class action from taking place in a dispute over the rights or legitimate interests of the members of the group to the extent specified in the order on the admissibility of a class action.
Connection of collective proceedings
(1) Mass proceedings may be brought together by a court under Paragraph 112 (1) of the Civil Code.
(2) In the event of a merger, the court may determine a new date on which the parties to the mass proceedings may, at the latest, state the operative events of the substance and indicate the evidence to prove them.
Change in the procedure
(1) If two collective proceedings are conducted in respect of the same rights or legitimate interests of the members of the group and if one of them is terminated without a court ruling on the substance of the case, the participating members of the group shall, by law, become participating members of the group in the second collective proceedings, unless the applicant agrees to this.
(2) The participating members of the group referred to in paragraph 1 may withdraw their application within 1 month of the publication of information on the change in the mass management register; Article 32 and 36 shall apply mutatis mutandis. This must be taught by the court in the end of the collective proceedings.
(3) Upon expiry of the period referred to in paragraph 2, the applicant shall, in the ongoing collective proceedings, enter the new participating members of the group on the list of participating members of the group; Article 38 (2) and (3) shall apply mutatis mutandis.
(4) At the request of the applicant, the court may set a new deadline for the application to exclude a person from the list of participating members of the group where the court has not already dealt with the dispute over the membership of that person in the final proceedings; Article 40 to 42 shall apply mutatis mutandis. The Court of First Instance may also determine a new date on which, at the latest, the parties to the mass proceedings may state the operative events of the substance and indicate the evidence to prove them.
(5) If, in addition to the completed mass proceedings concerning the same rights or legitimate interests of the members of the group, multiple collective proceedings are conducted, the participating members of the group referred to in paragraph 1 shall become participating members of the group in the collective proceedings first initiated.
Relationship to individual proceedings
(1) The applicable order on the admissibility of a class action does not prevent the initiation or conduct of individual proceedings in disputes concerning the rights or legitimate interests of members of the group to the extent specified in the order on the admissibility of a class action. This is without prejudice to Paragraph 37 (2).
(2) A member of a group who has initiated individual proceedings in a dispute over a law or a legitimate interest with a similar factual and legal basis to the extent defined in the order on the admissibility of a class action may join a collective proceedings under this law.
(3) A group member shall inform the court conducting the individual proceedings without undue delay of his entry into the mass proceedings.
(1) The Court of First Instance which conducts individual proceedings shall suspend such proceedings as soon as the member of the group concerned has been notified of the application pursuant to Paragraph 28 (3) or if he becomes aware otherwise.
(2) If the collective proceedings have been definitively concluded by a decision on the substance of the case or by the approval of the conciliation procedure, the court which directs the individual proceedings shall terminate the proceedings as soon as it becomes aware of this fact. When deciding on costs, the court shall base its decision on the outcome of the mass proceedings.
(3) If the collective proceedings have been terminated in a final manner other than by a decision on the substance of the case, or by the approval of the conciliation or have not been fully exhausted by the subject-matter of the individual proceedings, the court which leads the individual proceedings shall continue this procedure as soon as it becomes aware of this fact.
(1) Where an administrative authority decides in individual proceedings, Sections 28 (3) and 29 shall apply mutatis mutandis.
(2) If, after the legal power of a decision of an administrative authority given in individual proceedings, it becomes apparent that the administrative authority has decided in a dispute concerning the law or the legitimate interest of a participating member of a group, which the participating member of the group has also applied for in a collective proceedings, and that the collective proceedings have been definitively terminated by the decision on the substance of the matter, the competent administrative authority shall initiate the review procedure.
(3) The order initiating the review procedure may be issued no later than 2 months from the date on which the competent administrative authority became aware of the reason for the initiation of the review procedure, but no later than 7 years from the legal authority of the case. The decision in the review procedure at first instance may not be given after 8 years from the date of the decision in the case.
(4) Paragraph 2 shall not apply where a decision by an administrative authority has been taken by a legal authority before the application of a participating member of a group was filed for collective proceedings, if the application has been withdrawn or if the court has decided to exclude a person from the list of participating members of the group.
Membership of the group
Application
(1) A member of the group may apply for collective proceedings from the beginning of the procedure by means of a collective action until the expiry of the deadline for applying.
(2) The application shall also be deemed to be the granting of written consent to the initiation of a mass proceeding before a class action is brought; Article 33 and 36 shall apply mutatis mutandis. Written consent shall be attached by the plaintiff to the class action.
(1) The application shall be made by means of a notice from the applicant using a form published by the Ministry of Justice (hereinafter referred to as "the Ministry ') in a way which allows remote access.
(2) The application shall also be made properly if it is submitted to the court which is conducting the collective proceedings at first instance within the time limit for registration. The Court of First Instance shall not examine applications made in this way and shall forward them to the applicant without undue delay after the expiry of the deadline for registration.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
HLAVA II
§ 4
§ 5
§ 6
HLAVA III
Díl 1
§ 7
§ 8
§ 9
Díl 2
Oddíl 1
§ 10
§ 11
Oddíl 2
§ 12
ČÁST DRUHÁ
HLAVA I
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
HLAVA II
Díl 1
§ 21
§ 22
§ 23
§ 24
Díl 2
Oddíl 1
§ 25
§ 26
§ 27
Oddíl 2
§ 28
§ 29
§ 30
Díl 3
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
Díl 4
§ 44
§ 45
§ 46
§ 47
§ 48
HLAVA III
Díl 1
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
Díl 2
§ 55
Díl 3
§ 56
HLAVA IV
§ 57
§ 58
§ 59
HLAVA V
§ 60
HLAVA VI
Díl 1
§ 61
§ 62
§ 63
Díl 2
§ 64
§ 65
§ 66
§ 67
HLAVA VII
§ 68
§ 69
§ 70
HLAVA VIII
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
ČÁST TŘETÍ
§ 77
§ 78
ČÁST ČTVRTÁ
HLAVA I
§ 79
§ 80
HLAVA II
§ 81
§ 82
ČÁST PÁTÁ
HLAVA I
§ 83
§ 84
§ 85
HLAVA II
§ 86
§ 87
§ 88
§ 89
ČÁST ŠESTÁ
§ 90
§ 91
§ 92
§ 93
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Regulation Information
| Citation | Act No. 179 / 2024 Coll., on collective civil proceedings |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 523
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