Nejvyšší soud ČR; 2021-08-30; 30 Nd 339/2021
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2021:30.ND.339.2021.1
Date: 2021-08-31
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Czechia

82021CZ0831(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a request for determination of local jurisdiction addressed to the Nejvyšší soud (hereinafter ‘the Supreme Court’).
The natural persons domiciled in Czechia (hereinafter ‘the plaintiffs’) concluded an agreement with a company domiciled in Switzerland (hereinafter ‘the defendant’). The subject matter of the agreement was the defendant’s accession to the debt of a third party, which had concluded several loan contracts with the plaintiffs. In the Debt Accession Agreement, the parties agreed that the courts of Czechia would resolve disputes arising out of the contract. Still, the local jurisdiction of the specific court was not agreed. Therefore, according to Article 11(3) of the o.s.ř. (1), the plaintiffs requested the Supreme Court to designate the court having local jurisdiction to hear the case.
The Supreme Court recalled that the case involved a foreign company domiciled in Switzerland. Therefore, the international jurisdiction of the Czech courts must be assessed under the new Lugano Convention (2). The Supreme Court confirmed that the parties concluded a valid jurisdiction clause complying with Article 23(1) of the new Lugano Convention. Therefore, the international jurisdiction of the Czech courts is given.
The Supreme Court designated the Obvodní soud pro Prahu 4, in whose district one of the plaintiffs resides, to hear and decide the action. Moreover, the agreement between the parties was concluded in Prague, and the designated court is well located to be easily accessible to all parties.
(1) Občanský soudní řád (Code of Civil Procedure).
(2) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.