Nejvyšší soud ČR; 2017-10-31; 30 Cdo 3161/2017-96
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2017:30.CDO.3161.2017.1
Date: 2017-10-31
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82017CZ1031(52)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a dispute brought by a Czech company (hereinafter ‘the plaintiff’) against a Slovak company (hereinafter ‘the defendant’) in which the plaintiff claimed a payment for accommodation provided on the basis of a framework contract between the parties. The action was filed before the Krajský soud v Ostravě (hereinafter ‘the Court of First Instance’).
The defendant objected, alleging the lack of jurisdiction of the Court of First Instance. The objection was dismissed, given that the dispute concerned a commercial relationship between two subjects domiciled in different Member States of the European Union. The Court of First Instance cited Article 5(1)(a) of the Brussels I Regulation (1), according to which ‘a person domiciled in a Member State may, in another Member State, be sued, in matters relating to a contract, in the courts for the place of performance of the obligation in question’. Since the accommodation was provided in the Czech Republic, the Czech courts shall have jurisdiction over this dispute. This conclusion was later confirmed by an order of the Vrchní soud v Olomouci (hereinafter ‘the Court of Appeal’).
The defendant appealed the order of the Court of Appeal before the Nejvyšší soud (hereinafter ‘the Supreme Court’) alleging that the jurisdiction shall lie with the courts of the State in which the defendant was domiciled. The Supreme Court held that the Court of Appeal correctly followed the previous case-law of the Supreme Court and correctly applied the provision of special jurisdiction as provided for in the Brussels I Regulation.
The Supreme Court dismissed the appeal.
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.