Nejvyšší soud; 2018-10-18; 33 Nd 262/2018
Decision by national courts in the field of European Union law — ECLI:CZ:NS:2018:33.ND.262.2018.1
Date: 2018-10-18
Subject matter: Judicial cooperation in civil matters
Origin: Czechia

82018CZ1018(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a question of international and local jurisdiction answered in proceedings concerning the recognition and enforcement of a foreign judgment by the Nejvyšší soud (hereinafter ‘the Supreme Court’).
There were recognition and enforcement proceedings (not specified in this judgment) pending before the Okresní soud Plzeň-sever (hereinafter ‘the Court of First Instance’). During the proceedings, the plaintiff filed an application to the Supreme Court requesting the refusal of recognition and enforcement, invoking Article 45(1)(b) of the Brussels I Regulation (recast) (1), according to which ‘on the application of any interested party, the recognition of a judgment shall be refused … where the judgment was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence’.
The Supreme Court cited § 9(3) of the o. s. ř.(2) and held that it cannot decide on the merit of the plaintiff’s application because it does not fall under exceptional situations in which it may act as the first instance court. The Supreme Court further cited Articles 45 to 47 and Article 75(a) of the Brussels I Regulation (recast) and, pursuant to the latter-cited Article, pointed out that the Czech Republic communicated to the European Commission that district courts (‘okresní soudy’) shall be ‘the courts to which the application for refusal of enforcement is to be submitted pursuant to Article 47(1)’.
The Supreme Court invoked § 104a(4) of the o. s. ř. and held that it is the Court of First Instance which has the jurisdiction to decide on the refusal of recognition and enforcement and referred the case to this court.
(1) 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.
(2)  Občanský soudní řád (Code of Civil Procedure).