Nejvyšší soud, usnesení ze dne 16/11/2005
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2005:32.ODO.1295.2005.1
Date: 2005-11-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Judicial cooperation in civil matters
Concepts: Judicial cooperation in civil matters
Origin: Czechia

82005CZ1116(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant, a general health insurance company domiciled in Slovakia, requested from the defendant, domiciled in Czech Republic, payment of an outstanding premium for general health insurance. It was a debt for which the heir of the deceased person was held liable.
The Nejvyšší soud (CZ), as the appellate review court, decides that proceedings regarding insurance premiums for general health insurance, including late payment fees, are governed by the Administrative Procedure Act. At first instance, the proceedings fall within the jurisdiction of the particular health insurance companies, even if the payer of the insurance premium - the participant in administrative proceedings - has died. The proceedings of health insurance companies are governed by the administrative procedure legislation. There is no jurisdiction for the Czech courts in this matter either under the Civil Procedure Code, or under Agreement between Czech Republic and Slovak Republic on legal aid, as provided by judicial authorities of 1993 or, after 1.5.2004, under the Brussels I Regulation because the subject of proceedings is not a civil law matter, but one which falls within the administrative procedure.