Act No. 180 / 2024 Coll.
Law amending certain laws in connection with the adoption of the Act on Civil Procedure
Valid
Law
Effective from 01.07.2024
Text versions:
01.07.2024
24.06.2024
180
THE LAW
of 29 May 2024
amending certain laws in connection with the adoption of the Act on collective civil procedure
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2006, Act No. 31 / 2001 Coll., Act No. 31 / 2002 Coll.
1. The following Section 50m is inserted after Section 50l, which includes the title:
Delivery to the reporting office
(1) Where a document is delivered to the addressee via the postal service operator to the address of the place of permanent residence, which is the registered office of the reporting office designated in the population registration information system as the address of the Office under the Civil Records Act, the sending court shall deposit the document served with it and shall post an invitation on the official record to collect or request the addressee to be sent to another address.
(2) The invitation referred to in paragraph 1 shall include:
(a) the description of the court which has drawn up the document;
(b) a description of the document to be served, including whether or not it is a document to be served;
(c) the designation of the addressee and the address of the addressee's permanent residence;
(d) an indication of the place of deposit of the document and of the date by which the addressee may collect the document or request service to another address;
(e) a lesson on the consequences if the document is not collected.
(3) Where the addressee does not collect a document within 10 days of the date of publication of the notice referred to in paragraph 1 or if he does not submit a request for the document to another address within the same time limit, the document shall be deemed to have been received on the last day of that period, even if the addressee has not known of the deposit. The address indicated by the addressee in the application shall be deemed to be the address for service in accordance with § 46a (2).
(4) Paragraphs 1 to 3 shall not apply:
(a) for service of the first document served on the addressee in the proceedings;
(b) for service of documents for which replacement service is excluded,
(c) for the service of documents to the addressee in the proceedings where the addressee has, within the time limit laid down in Article 49 (4) or Article 50 (2), obtained the document referred to in point (a). ";
2. in Paragraph 83 (2), point (b) shall be deleted;
Points (c) and (d) shall be renumbered (b) and (c).
3. In the first sentence of Paragraph 151 (2), the words "according to the rates fixed on a flat-rate basis for proceedings at one stage by a special law; however, if the costs of the proceedings are to be paid under § 147, § 149 (2) or if the circumstances of the case so justify, the procedure shall be deleted '.
4. In Article 173 (1), the words ", replacement service is excluded 'are deleted and the sentence" Replacement service is excluded' is added at the end of the paragraph; This does not apply if delivered via the public data network to the data box. ';
5. In Paragraph 174a (1), the words "and if the cash performance required by the applicant does not exceed CZK 1 000 000 'are deleted.
6. Sections 181 to 194, including the title, read:
"Proceedings for the protection of consumers' collective interests
Paragraph 182 to 194 shall apply to the application for the initiation of proceedings or to the regulation of interim measures in the field of the protection of the collective interests of consumers by which a legal person designated to do so by a Member State of the European Union or by another State which is a party to the Agreement on the European Economic Area seeks to refrain from the infringement or to determine whether the defendant has infringed his or her legal obligation (hereinafter referred to as "the application for the protection of the collective interests of consumers').
(1) An applicant in proceedings for the protection of the collective interests of consumers may be a legal person who is registered in the list of authorised persons under the Consumer Protection Act or, jointly, several such persons. The court shall verify compliance with this condition at the first action taken by the applicant in the proceedings.
(2) An action for the protection of the collective interests of consumers must include, in addition to the particulars of the application for initiation of proceedings:
(a) a statement that it is an action for the protection of the collective interests of consumers; and
(b) a sufficient description of the consumers concerned in such a way that it is identifiable to consumers that the action concerns them.
In the first instance, the Municipal Court in Prague is responsible for the proceedings for the protection of the collective interests of consumers.
The opening of an action for the protection of the collective interests of consumers prevents further proceedings against the same defendant from initiating proceedings against other persons requesting the same action or condition.
The consumer is not a party to an action for the protection of the collective interests of consumers and cannot participate as an intervener.
(1) The operative sentence in the action for the protection of the collective interests of consumers is binding on consumers who are entitled against the defendant for the same claims of the same conduct or condition.
(2) Paragraph 1 shall not apply to consumers who:
(a) against the same defendant, initiate proceedings for entitlement to the same act or condition before an action for the protection of the collective interests of consumers; or
(b) has entered the proceedings under the Act on collective civil proceedings initiated before an action for the protection of the collective interests of consumers against the same defendant for the same claims of the same act or condition.
(1) The applicant shall inform the consumer concerned of the conduct of the proceedings for the protection of the collective interests of consumers in accordance with Article 25h of the Consumer Protection Act, or in any other appropriate manner, in order to ensure, where appropriate, adequate information to all consumers concerned, including potential consumers who are not normally resident in the Czech Republic.
(2) Where an action for the protection of the collective interests of consumers has been at least partially complied with, the defendant is obliged to inform the consumer concerned of the outcome of the proceedings accordingly.
(3) The method, scope and form of information referred to in paragraph 2 shall be chosen by the defendant in such a way as to ensure that all consumers concerned, including potential consumers who are not normally resident in the Czech Republic, are adequately informed, as appropriate. Where it is possible to identify the consumer individually in a reasonable effort, the defendant shall notify the consumer individually. The defendant shall also always be obliged to inform consumers on his website.
(1) The Court of First Instance publishes information on the conduct of proceedings for the protection of the collective interests of consumers in the register of collective proceedings under the Act on collective civil proceedings ("the Register of collective proceedings").
(2) The Court of First Instance shall publish in the register of collective proceedings at least:
(a) the file mark of the proceedings and the mark of the court competent to hear the action;
(b) identification of the parties and, where appropriate, of their legal representatives;
(c) the subject-matter and the facts of the action; and
(d) the date on which the action was brought.
(3) The Court of First Instance shall, at all times, publish an action for the protection of consumers' collective interests and a decision terminating the action. This applies mutatis mutandis to appeal proceedings. Other documents issued in proceedings for the protection of consumers' collective interests shall be published by the court in the register of collective proceedings, if necessary to protect the rights of the consumers concerned. Documents shall be published in the collective proceedings register in chronological order indicating the time of their insertion.
(1) The data and documents referred to in Article 188 are published in the register of collective proceedings without undue delay. If a decision is published under this law, the court shall, without undue delay, always state the date on which the decision became final.
(2) The data and documents published in the register of collective proceedings are publicly available and each person has the right to acquaint himself with them, unless another law provides for it or the court decides otherwise to protect the legally protected secret, classified information or personal data.
(3) Where a document published contains consumer identification data, the document must be modified before it is published in such a way that individual consumers cannot be identified from its text.
If it is not possible to publish data and documents in the register of mass proceedings, the Ministry of Justice shall provide another appropriate place through which the court shall publish such data and documents in a way that allows remote access. Paragraphs 188 (2) and (3) and 189 shall apply mutatis mutandis.
If, in an action for the protection of the collective interests of consumers, one of the parties does not comply with the obligation to provide evidence, without having a fair reason, the court may consider that the evidence to the detriment of that party has been proved.
The cost of informing consumers and providing evidence is also the basis of an action for the protection of consumers' collective interests.
(1) For those who have failed to fulfil the obligation to inform the consumers concerned of the course or outcome of the proceedings for the protection of consumers' collective interests or the obligation to provide evidence, the court may, by order, impose an order fine of up to CZK 5 000 000.
(2) If the defendant fails to comply with the obligation to refrain from the infringement imposed on him in an action for the protection of the collective interests of consumers by an enforceable decision of the court, he may be fined for up to CZK 5 000 000 in enforcement proceedings or in enforcement proceedings.
(3) In determining the amount of the fine, account shall be taken of the importance of the infringement, the extent and seriousness of the infringement and of the non-compliance with the penalty imposed in relation to property ratios.
During the proceedings for an action for the protection of consumers' collective interests, the limitation period shall not run for the rights which have arisen from the infringement or the situation of the consumer concerned. If the limitation period continues to run after the obstacle has disappeared, the limitation period shall not end until six months after the date on which it started running again. ';
7. in Article 374a, point (c) is deleted;
Points (d) to (g) shall be renumbered (c) to (f).
Transitional provisions
1. Unless otherwise specified, Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the proceedings before the date of entry into force of this Act remain.
2. Paragraph 50m of Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall apply only to proceedings initiated after its entry into force.
3. Proceedings on the abstention of an infringement in matters relating to the protection of consumers' rights initiated before the date of entry into force of this Act shall be treated in accordance with Article 83 (2) (b) of Act No. 99 / 1963 Coll., as effective before the date of entry into force of this Act.
4. Proceedings initiated before the date of entry into force of this Act shall be treated in accordance with Sections 173 and 174a of Act No. 99 / 1963 Coll., as effective before the date of entry into force of this Act.
5. Paragraph 194 of Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, applies only to the rights arising from the infringement which occurred on or after 25 June 2023.
Amendment of the Law on judicial fees
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. in Article 11 (1) (a), the word "guardian" shall be replaced by "custody of a person."
2. In Paragraph 11 (2), the dot at the end of point (t) is replaced by a comma and the following point (u) is added:
"(u) a legal person who is registered in the list of authorised persons under the Consumer Protection Act, in proceedings under the Act on Public Civil Procedure, or in proceedings for the protection of the collective interests of consumers under the Civil Code."
3. in the Annex, entry 22, the following point 13 is inserted after point 12:
"13. A fee shall be levied in accordance with heading 41 for appeals against a decision of the Court of First Instance which has been decided on in a collective civil procedure or in proceedings for the protection of the collective interests of consumers under the Civil Code. A fee shall be levied in accordance with item 41 (2) for the appeal against a decision of the Court of First Instance which, in a public civil procedure, has been decided on the admissibility of a collective action. '
Points 13 and 14 shall become points 14 and 15.
4. The following entry 41 is added at the end of the Annex:
"Heading 41
| 1. | Za návrh na zahájení hromadného občanského řízení soudního, jehož předmětem je peněžité plnění, se vybere poplatek podle položky 1 nebo 3. Není-li v době vzniku poplatkové povinnosti možné, aby byla výše poplatku stanovena podle věty první, vybere se poplatek podle bodu 2 této položky. | |
| 2. | Za návrh na zahájení hromadného občanského řízení soudního, jehož předmětem není peněžité plnění, nebo za návrh na zahájení řízení o ochraně kolektivních zájmů spotřebitelů podle občanského soudního řádu | 30 000 Kč“. |
Amendment to the Consumer Protection Act
Act No. 634 / 1992 Coll., as amended by Act No. 217 / 1993 Coll., Act No. 20 / 2001 Coll., Act No. 10 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In footnote 1, the sentence "Directive (EU) 2020 / 1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009 / 22 / EC 'is added to the separate line.
2. in Article 1 (1) (d):
"(d) the authority to bring defence actions."
footnote 2 is deleted.
3. In Paragraph 2 (1), the dot is replaced by a comma at the end of point (v) and the following point (w) is added:
"(w) by a representative action for a class action and an application for an interim measure pursuant to the Act on a collective civil procedure, an action for the protection of the collective interests of consumers under the civil Code and another similar proposal for the initiation of proceedings or for an interim measure brought in another Member State of the European Union or in another State which is a Contracting Party to the Agreement on the European Economic Area, in the interest of a group of consumers, by a legal person designated by that State, if that legal person acts as an applicant."
4. Part eight, including the headings and footnote 58, reads as follows:
RIGHT TO BRING REPRESENTATIVES
Preliminary provisions
(1) A legal person included in the list of authorised persons shall have the right to file proxy actions.
(2) List of authorised persons means the list kept by:
(a) by the European Commission, on the basis of lists from each Member State, which includes persons entitled to file promotions in a Member State of the European Union or another State which is a Contracting State to the Agreement on the European Economic Area other than those designated for the lodging of promotions (hereinafter referred to as the "European List of Authorised Persons"); or
b) Ministry of Industry and Trade under this Act (hereinafter referred to as the "Czech List of Authorised Persons").
Czech list of authorised persons
(1) The Ministry of Industry and Trade will enter a legal person in the Czech list of authorised persons if:
(a) was established in accordance with the legislation of the Czech Republic;
(b) active in the field of consumer protection for at least 12 months;
(c) its purpose resulting from the founding act demonstrates that it has a legitimate interest in protecting the interests of consumers;
(d) it was not set up to generate profits;
(e) no bankruptcy decision has been taken against it;
(f) is independent and is not affected by other persons having an economic interest in bringing an action, with the exception of consumers, and has procedures in place to prevent such influence, as well as conflicts of interest between its interests, the interests of any potential provider of financing and the interests of consumers; and
(g) inform the public, in a simple and comprehensible manner, on its website, of the facts demonstrating compliance with the conditions set out in points (a) to (f), of its sources of funding in general, of its organisational and Member structure and of its purpose and activities.
(2) The Ministry of Industry and Trade publishes the Czech list of authorised persons on its website, together with a reference to the websites of the European list of authorised persons and notifies the European Commission of the address of the website on which the Czech list of authorised persons is accessible.
Minutes
(1) The entry in the Czech list of authorised persons is made at the request of a legal person. The request shall be made in writing and shall also include the purpose of the legal person resulting from the founding act and a reference to its website.
(2) If the applicant fulfils the conditions laid down in Section 25a (1), the Ministry of Industry and Trade shall enter the application in the Czech List of Authorised Persons for the applicant no later than 2 months after the date of application
(a) its name, registered office and identification number, if any;
(b) its purpose resulting from the founding act; and
(c) a link to his website.
(3) The Ministry of Industry and Trade shall inform the applicant of the registration no later than 7 days after the date of implementation.
(4) If the conditions laid down in Paragraph 25a (1) are not met, the Ministry of Industry and Trade shall decide, within 2 months of the date of application, that the applicant does not meet any of the prescribed conditions and shall not enter the applicant in the Czech list of beneficiaries. This decision may be the first act in the proceedings.
Contact point and control
(1) The Ministry of Industry and Trade is the contact point for the purpose of verifying the existence of the conditions under Section 25a (1) as regards legal persons registered on the Czech list of authorised persons (58).
(2) The Ministry of Industry and Trade shall check at least once every 5 years whether the legal persons listed in the Czech list of authorised persons comply with the conditions set out in § 25a (1) (b) to (g). Such control in relation to a selected legal person shall also be carried out by the Ministry of Industry and Trade when proposed by the European Commission or a competent authority from another Member State of the European Union or the European Economic Area.
Notification obligation
The registered legal person shall notify the Ministry of Industry and Trade, without undue delay, of any change in the data entered in the Czech list of authorised persons or of any change in the terms of § 25a (1) (b) to (g).
Amendment to the entry of data
(1) The Ministry of Industry and Trade will amend the entry of the data in the Czech list of authorised persons if the registered legal person so requests and demonstrates the change of the registered data. Paragraph 25b (4) shall apply mutatis mutandis.
(2) If the state recorded in the Czech list of authorised persons does not correspond to the fact, the Ministry of Industry and Trade will amend the entry of the data.
(3) The Ministry of Industry and Trade shall notify the registered legal person of the change to the registration within 7 days of the date of its implementation.
Delete
(1) The Ministry of Industry and Trade will delete a legal person from the Czech list of authorised persons if the registered legal person ceases to exist or if the person requests a deletion.
(2) The Ministry of Industry and Trade will decide to delete a legal person from the Czech list of authorised persons if the registered legal person does not meet any of the conditions set out in § 25a (1) (b) to (g).
(3) The procedure for deleting a legal person from the Czech list of authorised persons is initiated by the Ministry of Industry and Trade from the official authority.
(4) If the reason for the removal of legal persons from the Czech list of authorised persons is found, the Ministry of Industry and Trade will invite the registered legal person to be removed before the proceedings are initiated and will give him a reasonable period of time.
Informing the European Commission
The Ministry of Industry and Trade informs the European Commission without undue delay about the registration, modification or deletion of data from the Czech list of authorised persons.
Obligation to provide information on deputy actions
The legal person listed in the Czech list of authorised persons shall be obliged to make publicly available on his website information on his activities concerning the submission of proxy actions; In particular, the legal person shall be required to inform:
(a) the representative actions which it has decided to bring,
(b) the state of the proceedings already brought before the court; and
(c) the outcome of the proceedings brought by it in respect of which a decision has already been taken.
58) Article 5 (5) of Directive (EU) 2020 / 1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009 / 22 / EC. '
footnotes 15 and 20 are deleted.
Transitional provisions
1. The procedure for initiating proceedings for the abstention of an infringement in respect of the protection of consumer rights initiated before the date of the entry into force of this Act by a person authorised to do so under Article 25 (2) of Act No. 634 / 1992 Coll., as effective before the date of the entry into force of this Act, shall be completed in accordance with the existing legislation.
2. The Ministry of Industry and Trade shall register a legal person who, on the date preceding the date of entry into force of this Act, was included in the list of persons entitled to bring actions for the abstention of an infringement in the field of consumer rights pursuant to Article 25 (2) (b) of Act No. 634 / 1992 Coll., as effective before the date of entry into force of this Act, on the list of Czech authorised persons, if that person so requests no later than 1 month after the date of entry into force of this Act. The request shall be made in writing and shall also include the purpose of the legal person resulting from the founding act and a reference to its website. The Ministry of Industry and Trade shall notify the legal person of the registration no later than 7 days after the date of implementation.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 180 / 2024 Coll., amending certain laws in connection with the adoption of the Act on Public Civil Procedure |
|---|---|
| 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. 524
The regulation text is for informational purposes only.
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