Nejvyšší soud, usnesení ze dne, 10/07/2008 4 Nd 247/2008 L.T., s.r.o. against W.C.B.V.
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2008:4.ND.247.2008.2
Date: 2008-07-10
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82008CZ0710(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant brought an action for the return of 21 railway wagons before the Krajský soud in Brno (CZ). In his supplement, he stated that it was unknown to him whether the respondent had the property in the Czech Republic, and that the public registers indicated that he did not have a branch in the territory of the Czech Republic. The Krajský soud in Brno submitted the case to the Nejvyšší soud (CZ) to determine the locally competent court under § 11/3 of the Code of Civil Procedure (CCP), as, pursuant to the contract, the courts of the Czech Republic had jurisdiction in the case. However, the conditions for local competence were lacking, because the respondent had his seat in H., the performance took place in Brno and the respondent has neither the property nor a branch related to the dispute located in the Czech Republic. Under § 11/3 CCP, if a particular case is within the jurisdiction of Czech courts, but the conditions of local competence are lacking or cannot be established, the Supreme Court shall decide which court will consider and rule the case.
The Nejvyšší soud (CZ) rules that the Czech courts have jurisdiction in the given case pursuant to Article 23 Brussels I Regulation and Article 12.2 of the lease contract concluded between the parties. However, the respondent has its seat in H and has neither the property, nor a branch related to the dispute, in the Czech Republic, and therefore the locally competent court cannot be established. Accordingly, the Nejvyšší soud (CZ) determined the Krajský soud in Brno (CZ) as the court competent to consider and rule the case with respect to the principle of speed and economy of proceedings, as the Krajský soud in Brno (CZ) was the court before which the proceedings were commenced.