Decree No. 181 / 2024 Coll.
Decree on the implementation of certain provisions of the Act on collective civil procedure
Valid
Order
Effective from 01.07.2024
Text versions:
01.07.2024
24.06.2024
181
DECLARATION
of 18 June 2024
on the implementation of certain provisions of the Act on collective civil procedure
The Ministry of Justice provides, pursuant to § 91 (b), (c) and (d) of Act No. 179 / 2024 Coll., on the mass civil procedure of the judicial, hereinafter referred to as "the Act":
Subject matter
This decree regulates
(a) the formalities and data format of forms under the law;
(b) particulars, data format and details of how the list of participating members of the group is kept; and
(c) the method of determining the cost effectively incurred in relation to the receipt of applications and maintaining the list of participating members of the group.
Application to mass proceedings
(1) The application form for a collective procedure (hereinafter referred to as "application") contains:
(a) the designation "Application to mass proceedings,"
(b) the description of the court and the file mark under which the collective proceedings are conducted;
(c) the designation of the participating member of the group, including the e-mail address or the address of the data box, if any,
(d) a specific claim sought by a participating member of the group after the defendant to the extent specified in the class action;
(e) the bank account number of the participating member of the group;
(f) claims which give rise to a claim sought by the defendant by a participating member of the group, in particular the definition of details of the contract or other legal fact underlying the claim,
(g) the list of Annexes;
(h) the designation of a public authority and the letter of procedure provided for in Article 28 (2) of the Act, where a participating member of the group has previously exercised his claim before a court or administrative authority;
(i) the designation of the representative if the member of the group concerned is represented by a proxy; and
(j) the date and signature of the participating member or, where appropriate, his representative.
(2) In particular, the annexes to the application form shall be evidence proving the conditions of membership of the group and evidence showing the claims underlying the claim requested, as well as the written power of attorney, if the participating member of the group is represented by a proxy.
Withdrawal of applications
(1) The withdrawal form contains:
(a) the designation "Withdrawal of an application,"
(b) the description of the court and the file mark under which the collective proceedings are conducted;
(c) the designation of the participating member of the group;
(d) the express withdrawal of the application or part thereof;
(e) an indication of whether the application is to be withdrawn in whole or in part and, in the case of partial withdrawal, a precise definition of the extent to which the application is to be withdrawn and to which it is not to be withdrawn;
(f) an indication of the representative, if the member of the group concerned is represented by a power of attorney; and
(g) the date and signature of the participating member or, where appropriate, his representative.
(2) The annex to the withdrawal form shall be a written power of attorney if the participating member of the group is represented on the basis of the power of attorney and this power of attorney has not yet been submitted in the collective proceedings.
Notification of transfer or transfer of a right
(1) The notification form for the transfer or transfer of the right contains:
(a) the designation "Notification of the transfer or transfer of a right,"
(b) the description of the court and the file mark under which the collective proceedings are conducted;
(c) the designation of the original participating member of the group with which the legal event with which the legislation links the transfer or transfer of the right to another person has occurred;
(d) an indication of the legal successor who is the transferee of the right, including the e-mail address or the address of the data box, if any,
(e) an indication of the right which the original participating member of the group has entered into a collective procedure and to which the transfer or transfer relates;
(f) an indication of the extent to which the right to a successor has been transferred or transferred and, where appropriate, an indication of the extent to which the original participating member of the group will continue in the collective proceedings;
(g) indication of the bank connection between the legal successor,
(h) a statement of the fact to which the legislation links the transfer or transfer of a right from the original participating member of the group to the successor in law, including information on the time at which the transfer or transfer of the right took place, in particular a closer definition of the contract or other legal fact which constitutes the legal successor;
(i) the list of Annexes;
(j) the designation of the representative where the original participating member of the group or his successor in title is represented by a power of attorney; and
(k) the date and signature of the original participating member of the group or his successor in title or, where appropriate, their representative.
(2) In particular, the annexes to the notification form for the transfer or transfer of a right shall be documents proving the existence of a legal fact to which the law links the transfer or transfer of a right and a written mandate if the original participating member of the group or his successor in title is represented by a power of attorney and that power of attorney has not yet been presented in the collective proceedings.
Signature requirement
If the form is submitted in electronic form, the signature requirement may be fulfilled by any means with which other legislation links the effects of the handwritten signature.
Data format of forms
Forms pursuant to § 2 to 4 in the Portable Document Format data format (* .pdf) shall be published by the Ministry of Justice on its website.
Data format of the list of participating group members
The list of participating group members shall be kept in electronic form in MS Excel Spreadsheet (* .xls / xlsx) data format.
Keeping a list of participating members of the group
The list of participating members of the group which referred the plaintiff to the court is annexed to the file. The inspection of the list of participating members of the group shall be conducted in a similar manner to the inspection of the file in electronic form.
Forms of the list of participating members of the group
The list of participating members of the group shall include at least:
(a) the serial number assigned to the participating member of the group;
(b) the name, surname, domicile and date of birth or, where applicable, the birth number or similar unique identifier of the participating member of the group or its name, registered office and identification number, if the participating member of the group is a legal person;
(c) a brief definition of the claim requested by the participating member of the group; and
(d) the file mark or reference number referred to in Article 28 (2) of the Act where a participating member of the group has previously exercised the right or legitimate interest before a court or administrative authority.
Method for determining the cost effectively incurred
(1) The effective costs related to the receipt of applications and the keeping of the list of participating members of the group shall be determined by the number of applications submitted and the withdrawal of applications.
(2) A lump sum of 900 CZK is awarded for each application.
(3) A lump sum of CZK 250 is awarded for each withdrawal.
Efficacy
This Decree shall take effect on 1 July 2024.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 181 / 2024 Coll., on the implementation of certain provisions of the Act on Public Civil Procedure |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.06.2024 |
|---|---|
| Effective from | 01.07.2024 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Civil law
Civil law of procedure
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