Decree No. 254 / 2015 Coll.
Order setting the amount of a flat-rate refund for the purposes of deciding on the reimbursement of costs in cases under Section 151 (3) of the Civil Code and under Section 89a of the Rules of Procedure
Valid
Order
Effective from 06.10.2015
Text versions:
06.10.2015
254
DECLARATION
of 23 September 2015
fixing the amount of the flat-rate compensation for the purposes of deciding on the reimbursement of costs in cases under Section 151 (3) of the Civil Code and under Section 89a of the Rules of Procedure
The Ministry of Justice sets out, pursuant to Section 374a (d) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 263 / 1992 Coll., Act No. 30 / 2000 Coll., Act No. 123 / 2008 Coll., Act No. 218 / 2009 Coll., Act No. 218 / 2011 Coll. and Act No. 139 / 2015 Coll., and pursuant to Section 131 (b) of Act No. 120 / 2001 Coll., on Judicial Executioners and Enforcement Activities (Enforcement Order) and amending other laws, as amended by Act No. 139 / 2015 Coll.:
(1) This decree regulates the amount of the flat-rate compensation due to a participant who has not been represented in the proceedings by a representative pursuant to Paragraph 137 (2) of the Civil Code and who has not demonstrated the amount of the final expenses of his or his other representative.
(2) In order to determine the value of the dispute, the provisions on the tariff value shall apply mutatis mutandis in accordance with the legal tariff (1).
(3) For the purposes of the Decree, the act shall mean in particular:
(a) written submission or application on the substance of the case, notice of implementation;
(b) preparation of participation in the negotiations;
(c) participation in a hearing before a court, each starting two hours;
(d) negotiations with the counterparty every two hours started;
(e) the application for interim measures, the appeal against and observations on the decision on interim measures;
(f) appeal, retrial, mistrial,
(g) an application for proof or inheritance;
(h) a proposal to correct the reasons for the decision, to remove the consequences of the delay and to amend the decision condemning the future benefits due or in instalments;
(i) participation in the preparation of negotiations.
(1) For the purposes of Section 151 (3) of the Civil Code, the amount of the flat-rate compensation until the application for the initiation of proceedings, including CZK 100 for each operation, shall be at the same time as the decision on the reimbursement of costs in disputes in which the application was decided on a stable model applied by the same party in fact and in legal cases in which the cash performance is the subject of proceedings and the value of the dispute does not exceed CZK 50 000.
(2) In matters of enforcement and enforcement, if the cash performance is enforced and the value of the dispute does not exceed CZK 50,000, the amount of the flat-rate compensation for the application for the opening of proceedings is CZK 100.
(3) In cases not covered by paragraphs 1 and 2, the flat-rate refund for the purposes of Section 151 (3) of the Civil Code and for the purposes of Section 89a of the Rules of Enforcement shall be CZK 300 for each operation.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Pelican, Ph.D., v. r.
1) Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (Law Tariff), as amended.
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Regulation Information
| Citation | Decree No. 254 / 2015 Coll., on the fixing of a flat-rate refund for the purposes of deciding on reimbursement of costs in cases under § 151 (3) of the Civil Code and under § 89a of the Rules of Enforcement |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.2015 |
|---|---|
| Effective from | 06.10.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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