Nejvyšší soud České republiky; 2015-12-08; 26 Cdo 3375/2014
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2015:26.CDO.3375.2014.1
Date: 2015-12-08
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82015CZ1208(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a dispute brought by a Czech company Česká kancelář pojistitelů (hereinafter “the plaintiff”) against V. A. (hereinafter the “defendant”) regarding the discharge of a debt.
The Court of First Instance ordered a levy of execution on the defendant’s property by an appointed bailiff. The defendant appealed this order arguing the lack of jurisdiction of the Czech courts, as he alleged that he was not domiciled in the Czech Republic. The Court of Appeal upheld the order and the objection of lack of jurisdiction was dismissed, citing Article 22(5) of the Brussels I Regulation (1), according to which, in proceedings concerning the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced shall have exclusive jurisdiction, regardless of domicile.
The defendant lodged a cassation appeal to the Nejvyšší soud (hereinafter “the Supreme Court”), alleging errors of assessment in the question of jurisdiction. According to the defendant, Article 22(5) requires enforcement proceedings to be successfully concluded within the territory of the State having the jurisdiction. The successful completion of such proceedings supposes the existence of property in that territory. However, the defendant argued he had no property in the Czech Republic. Furthermore, the defendant argued that the Supreme Court is required to comply with its obligation to bring the matter before the Court of Justice of the European Union (CJEU) for a preliminary ruling based on the CILFIT judgment (2), because the interpretation of Article 22(5) is not clear enough.
The plaintiff, in reaction to the cassation appeal, declared that the lower courts already solved all the objections of the defendant. The allegation of the defendant’s residence outside the Czech Republic was not proven. Therefore, not the Brussels I Regulation, but § 45 of the EŘ (3) must be applied instead. According to that, in cases where the defendant does not have his domicile in the Czech Republic, the courts of the territory in which his property is situated shall have jurisdiction. The fact that the existence of such property was not yet proved is not evidence that such property does not exist at all. It may be found after the start of the proceedings through the activities of the bailiff.
According to the Supreme Court, the cassation cannot be permitted because the Court of Appeal assessed the issue correctly, in compliance with the established Supreme Court decision-making practice. The Supreme Court cited its previous resolutions, according to which, the courts of the place where the claim of the plaintiff can be satisfied should have jurisdiction. The existence of property within the territory of the Czech Republic could be reliably ascertained only during the levy of execution by the appointed bailiff. Until such time, the preconditions concerning the exclusive jurisdiction, as set by Article 22(5) should be applied.
With regards to the motion demanding that the matter be brought before CJEU, the Supreme Court held that the CLIFIT judgment provides three exceptions to the obligation to consult the CJEU. One of these (where the correct application of EU law is so obvious as to leave no scope for any reasonable doubt) is applicable to the interpretation of Article 22(5) too.
Therefore, the Supreme Court dismissed the cassation 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.
(2) Judgment of the Court of Justice, Srl CILFIT, and Lanificio di Gavardo SpA v Ministero della sanita, C-283/81, ECLI:EU:C:1982:335, paragpraphs 18-20.
(3) Zákon č. 120/2001 Sb. o soudních exekutorech a exekuční činnosti (exekuční řád).