Nejvyšší soud České republiky; 2024-10-16; 23 Nd 419/2024
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2024:23.ND.419.2024.1
Date: 2024-10-16
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82024CZ1016(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, decided by the Nejvyšší soud (hereinafter ‘the Supreme Court’), concerns the determination of the locally competent enforcement court in enforcement proceedings.
In enforcement proceedings brought by K. Ö. (hereinafter ‘the plaintiff’) against J. P. (hereinafter ‘the defendant’) for debt recovery, the judicial enforcement officer asked the Supreme Court to designate the competent enforcement court under Section 11(3) of the o.s.ř. (1). The request was based on the fact that the defendant had no registered residence in Czechia, and it was not known whether the defendant had any assets in Czechia for the purposes of determining local jurisdiction under national law.
The Supreme Court first examined whether the Czech courts’ international jurisdiction could be excluded. Applying the Brussels I Regulation (recast) (2), it held that, at that stage, jurisdiction could not be ruled out in view of Article 24(5), since the enforcement sought by the plaintiff was to be carried out in Czechia. The Supreme Court further noted that, before enforcement is ordered (and the manner of enforcement determined), it is not possible to establish whether the defendant has enforceable assets in Czechia. This may become apparent only during the enforcement measures taken by the appointed enforcement officer.
As the statutory conditions for designation under Section 11(3) of the o.s.ř. were therefore met, the Supreme Court, having regard to the need for speed and procedural economy, designated the Obvodní soud pro Prahu as the enforcement court, since it had conducted the proceedings from which the enforcement titles originated.
(1) Zákon č. 99/1963 Sb., občanský soudní řád (Code of Civil Procedure).
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).