151/2002 Coll.
LAW
of 21 June 1999. March 2002,
amending certain laws in connection with the adoption of the code of civil procedure
the administrative
Change: 436/2004 Sb.
Change: 127/2005 Coll.
Change: 413/2005 Sb.
Change: 329/2011 Sb.
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on courts and judges
Article. (I)
Act No. 6/2002 Coll., on courts, judges, lay judges and State administration
courts and amending some other acts (the Act on courts and judges),
is amended as follows:
1. In paragraph 8, the words "Supreme Court", the words "the Supreme Administrative
the Court ".
2. in § 14 para. 1, after the words "jurisdiction of the courts", the words "in the
the civil and criminal proceedings ".
3. in § 14 para. 3, after the words "court decisions", the words "in the
the civil and criminal proceedings ".
4. In paragraph 25 (b)) shall be deleted.
Subparagraph (c)) shall become point (b)).
5. In paragraph 32, at the end of paragraph 1 the following words shall be added: '; in the case of
final decisions of the regional court in administrative justice, serves
incentives for the adoption of the opinion of the Supreme Administrative Court.
6. In paragraph 32, the following shall be added at the end of paragraph 2 the following words: ";" Similarly,
progresses, if requested before the adoption of the terms of the opinion of the highest
the Administrative Court ".
7. In paragraph 33 (b)) shall be deleted.
Subparagraph (c)) shall become point (b)).
8. In section 67 para. 1 at the end of the first sentence the following words: ",
unless otherwise provided by special legislation provides otherwise ".
9. In § 72 para. 2, the words "referred to in paragraph 1" shall be replaced by
"Unless otherwise provided by special law may be referred to in paragraph 1".
10. In section 73 is at the end of paragraph 1, the following sentence is added:
"This decision is not appealable.".
11. In article 73 paragraph 2 reads as follows:
"(2) unless otherwise provided, applies to proceedings and decisions adequately
the provisions of the administrative procedure. ".
12. In § 73 para. 3, after the words "Supreme Court", the words "or
to the Supreme Administrative Court.
13. In article 110 paragraph 2. 3, after the words "Supreme Court", the words
"or the Supreme Administrative Court.
14. in paragraph 117, the following paragraph 4 is added:
"(4) under the same conditions will allow the Ministry to exercise judicial training
test of the Constitutional Court judges and Assistant judge of the constitutional
the Court of the Supreme Court or the Supreme Administrative Court, if the
perform legal practice under section 110 for at least 3 years. ".
15. In paragraph 129, the following shall be added at the end of paragraph 3, the following words: "or the highest
the Administrative Tribunal ".
16. in § 134 para. 2, after the words "to the Supreme Court" the words
"or to the Supreme Administrative Court.
17. In article 135 paragraph. 1 (b). (c)), the dot at the end is replaced by a comma and
the following point (d)), which read as follows:
"(d)) the President of the Supreme Administrative Court, in the case of a judge of the Supreme
Administrative Court. ".
18. in § 136 paragraph. 1 (b). (b)), after the words "and opinions", the words
"The collection of the decisions of the Supreme Administrative Court.
19. in § 139 paragraph 6 is added:
"(6) the Council for the area of administrative justice has 9 members and consists of 3
the judges of the election of judges of the Supreme Administrative Court from their ranks, 2 judges
determine by lot from the judges proposed by the judges of the regional courts, lawyer
designed by the Czech Bar Chamber and 3 experts from the fields of administrative law
the design of the Deans of the law schools of the universities located in the United
Republic. ".
20. In § 139 paragraph 2. 7, after the words "the election of these colleges,"
the words "for a judge chosen by the judges of the Supreme Administrative Court for more judges
the election of the judges of the Supreme Administrative Court from their ranks, ".
21. in paragraph 140, paragraph 1 reads:
"(1) from among the judges of the Supreme Court are to the Board for the area of criminal
the rights of its members and alternate members elected by the Assembly of the judges of the criminal
of the College and to the Board for the area of civil law are its members and
alternate members elected by the common Assembly of the judges of the civil and
the business of the College. From among the judges of the Supreme Administrative Court are
members and alternate members of the Council for a range of administrative justice elected by the Chamber of
The Supreme Administrative Court.
22. in paragraph 140, the following paragraph 7 is added:
"(7) on the election of the members of the Council and their alternates a Chamber of the Supreme
the administrative court shall apply, mutatis mutandis, paragraphs 3 to 6. ".
23. in § 141 para. 1 at the end of the first sentence the following words: ";"
in the case of the Council for the area of the administrative judiciary, is Chairman of the Board by lot
the designated judge elected Chamber of the Supreme Administrative Court.
24. in annex No. 3 "Names, circuits, and the headquarters of district courts", in paragraph 3
"The District Court in Blansko" after the word "column" is inserted after the word "Spešov,".
PART TWO
Amendment to the Act on proceedings in cases of judges and prosecutors
Article II
Act No. 7/2002 Coll., on proceedings in cases of judges and prosecutors, with the
be amended as follows:
1. In section 8 paragraph 1. 2 (b)):
"(b)) the President of the Supreme Court, the judges of this Court against any and
the lower court judges acting in matters falling
the jurisdiction of the courts, in which the Supreme Court of the Supreme Court
the authority ".
2. In section 8 paragraph 1. 2, letter b) the following point (c)), which read as follows:
"(c)) the President of the Supreme Administrative Court against any judges
This Court and lower court judges acting in matters
belonging to the jurisdiction of the courts, which is the Supreme Administrative Court
the supreme judicial authority ".
Subparagraph (c)) to e) shall become letters (d)) to (f)).
PART THREE
Vetting law change
Article. (III)
Act No. 451/1991 Coll., laying down some additional assumptions for
performance of certain functions in State bodies and organizations of the Czech and
Slovak Federal Republic, the Czech Republic and the Slovak Republic,
in the text of the Constitutional Court of the Czech and Slovak Federal Republic
of 26 March. November 1992, declared on 15 December. December 1992 in the amount of
116/1992 Coll., Act No. 247/1995 Coll., Act No. 422/2000 Coll. and act
No 147/2001 is amended as follows:
In section 1 (1). 1 (b). (d)) at the end of the following words: "and in the Supreme
Administrative Court, ".
PART FOUR
Amendment of the Act on the public prosecutor's Office
Article IV
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.
261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll., Act No.
11/2001 Coll. and Act No. 14/2002 is amended as follows:
1. In section 32 c of paragraph 1. 2 the words "judge, designed by Judicial Council
The Supreme Court "shall be replaced by" the judge proposed criminal College
The Supreme Court ".
2. In section 32 c of paragraph 1. 3 the words "judge suggested Judicial Council
The Supreme Court "shall be replaced by" the judge proposed criminal College
The Supreme Court ".
PART FIVE
Amendment of the Act No. 14/2002 Sb.
Article. In
In the article. 3 section 2 of the Act No. 14/2002 Coll., amending Act No. 283/1993
Coll., on the public prosecutor's Office, as subsequently amended, and Act No.
201/1997 Coll., on salary and some other elements of the State
representatives and amending and supplementing Act No. 143/1992 Coll., on salary and remuneration
for stand-by duty in budgetary and certain other
organisations and bodies, as amended by later regulations, as amended by law
No. 155/2000 Coll., the words "to 48 months" are replaced by the words "to 24
months ".
PART SIX
To change the code of civil procedure
Čl.VI
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994
Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., Constitutional Court No. 31/1996 Coll., Act No. 142/1996 Coll.,
Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act
No. 227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act
No 165/1998 Coll., Act No. 326/1999 Coll., Act No. 360/1999 Coll., the award
The Constitutional Court No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000
Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000
Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000
Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000
Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001
Coll., Act No. 273/2001 Coll., Constitutional Court No. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
and Act No. 501/2001 is amended as follows:
1. In article 7, paragraph 1, the following paragraph 2 is added:
"(2) disputes and other legal matters referred to in paragraph 1, which referred to in
other authorities have decided to act before the courts, the courts in civil proceedings
discuss and decide, under the conditions listed in part five of this
of the law. ".
The former paragraph 2 becomes paragraph 3.
2. in article 7, the following paragraph 4, including footnote No. 96)
added:
"(4) the jurisdiction of the courts in matters of administrative justice regulates the Special
^ 96) Act.
96) Act No. 150/2002 Coll., the administrative court rules. ".
3. § 8a is deleted.
4. in § 9 para. 2 (b)) including footnote No. 39)
repealed.
Subparagraph (c)) to) shall become point (b)) to (j)).
5. § 9 para. 2 the letter h) is added:
"h) with regard to the annulment of the decision of the arbitrator on the fulfilment of commitments
the collective agreement ".
6. Footnote 1) is repealed.
7. § 9 para. 3 (b). n), the words "business name" shall be replaced by
"trading company".
8. in section 25a the following new Section 25b, which including the footnotes.
57B):
"§ 25b
With the exception of the appeal of the party may choose a representative whether or not the patent
representative; patent agent can represent the only participant in the range
permissions provided for special legislation. ^ 57b)
57B) section 2 of the Act No. 238/1991 Coll., on patent representatives, as amended by
Act No. 151/2002 Coll. ".
9. In paragraph 26, the following is inserted after paragraph 2 paragraph 3, including the
footnotes # 57 c) is added:
"(3) in matters of protection against discrimination based on sex, racial
or ethnic origin, religion, faith, belief, disability, age
disability, age or sexual orientation is a participant in the proceeding may give the
also represent a legal person based on a special
the legislation, whose ^ 57 c) activities referred to in the articles include
protection against such discrimination.
57 c) Act No. 83/1990 Coll. on Association of citizens, as amended
regulations. ".
The former paragraph 3 shall become paragraph 4.
10. in section 26 para. 4, after the word "authority" the words "or legal
the person referred to in paragraph 3 ".
11. section 45 is added:
"§ 45
The court document served by bailiff, authorities of the judicial guard,
the Court executor, the holder of the licence by mail (hereinafter referred to as
"mail"), a public data network or the competent police authority and in
the cases provided for by specific legislation including through the
The Ministry of Justice. ".
12. In § 46 para. 6 (a). (b)), the dot at the end is replaced by a comma and
the following point (c)), which read as follows:
"(c)) on the public data network node designated e-mail address
the addressee, when delivered via a public data network. ".
13. section 48 and 48a including the following titles:
"§ 48
The service of administrative authorities
(1) the document addressed to the administrative authorities shall be delivered to the address of their
of the registered office. If the administrative authority so requests, be served on him, the document on the
the address told the Court.
(2) the administrative authority shall be entitled to the document, including the document
delivered into their own hands, to take a person authorized or designated
to act in an administrative office before the Court or his staff, who
were commissioned to receive documents. If not, the document is commits
a person who is authorized to act as an administrative office.
§ 48a
Delivery State
(1) the document addressed to the State shall be served on the appropriate organizational folder
State the address of its registered office. If the competent organizational unit
the State requested, delivers the document to the address communicated
the Court.
(2) in the appropriate organizational unit are entitled to the document, including
the documents delivered by hand, take the persons referred to in the 21a
paragraph. 2 or its employees, who were commissioned to receive documents.
If not, the document is the head of the appropriate organization submits
units of the State. ".
14. under section 48 d 48e is inserted after section, including the title and notes
line no. 61a) reads as follows:
' paragraph 48e
Service of court bailiffs
(1) the court bailiffs is the document served to address their
offices, where they perform executory authority. ^ 61a) if the judicial
the executor shall be served on him, shall request the document to the address that said
the Court.
(2) a document specified by the bailiff, including documents
delivered into their own hands, they can also accept exekutorští
clerks, exekutorští candidates or others of its employees.
(3) the provisions of § 46 para. 6 and § 48b para. 3 shall apply mutatis mutandis.
(4) delivery of a document by representatives of the bailiff to proceed
mutatis mutandis in accordance with paragraphs 1 to 3.
61A) § 13 para. 1 of law No 120/2001 Coll., on judicial executors and
enforcement activities (execution order) and amending other laws. ".
15. in paragraph 50, the following new section 50a to 50e, which including the following title:
"How to deliver
§ 50a
(1) if the Court Delivers a document at the hearing or other court
of the Act, it shall be indicated in the minutes of the hearing or in the log, which was
drawn up by another Court Act.
(2) in addition to the other requirements of the Protocol (article 40) shall indicate the
the document has been delivered. The Protocol also the one who signs the delivery
performed, and the addressee, or the one who took over the document for him.
section 50b
(1) has not been delivered at the hearing or other court
the Act and cannot be delivered through public data networks,
the Court submits the document in a sealed envelope to the service by a
the postman, the authorities of the judicial guard, the Court executor or
through the mail or through the police authority (hereinafter
"serving the authority").
(2) if it is necessary for the management of the proof of service of a document, the Court
the document for the delivery of doručujícímu Authority agrees to ensure that its service was
indicated on the return receipt, that it connects to. The document is to be
delivered by hand (§ 45a), on the acknowledgement of receipt note
"into their own hands". If, under the law, excluded replacement delivery
documents, it shall note on the receipt certificate "substitute service
out of the question ". If the delivered a resolution on regulation enforcement
commandments claims or disability of other property rights, it shall
the packing slip note "the exact time of delivery".
(3) in the cases provided for by specific legislation court document
shall surrender for service of the Ministry of Justice.
(4) The service of documents whose delivery has to be indicated on the
the acknowledgement of receipt, not covered by the General provisions on the delivery of postal items.
For the delivery of these documents belong to the post office the financial remuneration; way
determining the remuneration and its amount, as well as claims for restitution, if
the post office did not properly when serving documents, provides
The Ministry of Justice Decree, in agreement with the Ministry of
transport and communications.
§ 50 c
(1) legal persons, administrative authorities of the State, lawyers, notaries,
representatives of the notary, the notary, the alternates of the municipalities, higher territorially self-governing
authorities, court bailiffs and bailiff's representatives shall be served on
non-working days and usually in the time from 9 to 15 hours.
The delivery of natural persons carried out the body effecting non-working days
calm and usually in the time from 15 to 20 hours; in justified cases,
they can be served also on the days of rest.
(2) the Messengers are entitled to discover the identity of the addressee and the people,
that are authorized to accept for him.
§ 50 d
(1) If a natural person or a legal person in the place of delivery
is found, it performs a process server in place of the usual way of the investigation, whether the
There resides. If it finds that the place not delay delivery, and
If not known other address or other delivery location, delivering returns
authority of the document with the message about the Court that he handed the document to
delivery.
(2) if the addressee and the substitute service of a document is
According to remarks shown on the return receipt is excluded, it returns the body effecting
the document is a report on that trial, that he had handed over the document to the
delivery.
(3) If a process server served in court or at the post office, leaving
the place of delivery of the mailing the document's call for pick up. The challenge must
contain information about who is the addressee, the indication to be served,
who, where, and in which day the document was saved, and by when, and at what time
the addressee may pick up the document.
§ 50e
(1) a confirmation of receipt shall contain
and the designation of the Court), who handed the document to be served
(b) the designation of the delivering of the authority)
(c) the designation of the document to be served),
d) day or the day of service of the document to save the document in court (mail)
or the day in which the service of a document is denied,
e) hour and minute delivery, if the indicated note "the exact time
delivery ",
(f) the name of the guarantor)
(g)) name and surname of the person who has taken over or that the document receipt
writ denied,
h) signature of process server, where the imprint of the official stamp
evidencing the authority,
I) signature of the person document.
(2) if the addressee will pick up, where appropriate, the person entitled to it a document
take over, a document lodged with the Court or at the post office, the confirmation of receipt
also include the name and surname of the person who forwarded the document to the
signature imprint, where official stamp evidencing the authority of, the day
the takeover of the stored documents, the name and surname of the person who saved
the document and its signature.
(3) if the addressee has refused, or a person entitled to followed by the document
take, take, the document must also contain an indication of the delivery report
that was rendered by the lessons about the consequences of refusal of acceptance
documents (section 50), and whether, or what was the refusal of acceptance
the document is justified.
(4) delivery report, which contains a set of essentials is a public
Charter. ".
Former § 50a and 50b are referred to as § 50f and 50 g.
16. in paragraph 51, the first sentence, after the words "telegram," the words "in the
electronic form ".
17. in § 79 paragraph 2. 1 the second sentence, the words "(a trade name or business name and
the seat of the legal person, an indication of the State and the relevant State authority,
that for the State before the Court acts) "is replaced by" (trade name
or the name and address of the legal person, the indication of the State and the relevant
organizational units of the State, which acts in the State before the Court). "
18. In paragraph 82, the following paragraph 3 is added:
"(3) If a claim Rejected (petition) the Court which decides
According to a special zákona96) the administrative justice, because it was a
the thing which courts hear and decide in civil proceedings,
and she went to court to the civil court proceedings into one
months from the final resolution of the claim (proceedings) in this
things that are true about her management is initiated in court on the day when the Court reached
the rejected claim (proceedings). ".
19. in paragraph 83, the existing text shall become paragraph 1 and the following
paragraph 2, which including the footnotes no 62a and 62b)) reads:
"(2) the initiation of proceedings
and) on the infringement or the removal of a defective condition
in matters of protection of the rights of broken or at risk of unfair competition
conduct ^ 62a)
(b)) on the infringement in matters of protection of the rights
consumers, ^ 62b)
(c)) in matters of transformations of commercial companies, if provided for by special
legislation, 41)
(d) other matters laid down) in the special legislation, prevents also the
order against the same defendant was in court for more proceedings for
actions of other claimants requesting for the same Act or the State of the same
claims.
62A) § 53 and 54 of the commercial code.
62B), for example, § 25 para. 2 of the Act No. 634/1992 Coll., on the protection of
consumer, as amended by Act No. 151/2002 Coll. ".
20. in Section 104a, the following paragraph 8 is added:
"(8) the provisions of paragraphs 2 and 6 shall not apply where the matter belongs within the material
jurisdiction of the Court, which shall decide by special zákona96)
administrative justice. ".
21. the following section shall be inserted a new Section 104a, 104b and 104 c, which including notes below
line no. 97) shall be added:
"section 104b
(1) where the matter Belongs within the material jurisdiction of the Court, which decides in accordance with
Special zákona96) case, the Court of administrative justice steering stops. In
resolution on the termination of the proceeding must be the claimant also advised
the possibility to bring an action against a decision of an administrative authority in the administrative
the judiciary.
(2) the provisions of paragraph 1 shall not apply where the appellant is claiming under the
Special zákona96) protection against the inactivity of the Executive authority,
authority of a territorial self-governing unit, as well as legal persons (physical)
or other authority, which was entrusted with making decisions on the rights and
obligations of natural and legal persons in the field of public administration,
protection against unlawful intervention, instructing or forcing the authority can
Executive authority of a territorial self-governing unit, as well as the legal
(physical) person or other body, which was entrusted with making decisions about
rights and obligations of natural and legal persons in the field of public
the Administration, in the case of political parties and political movements, or
decisions on competence the application. In those cases, the Court said that
not having substantive jurisdiction and decide the referral to the competent
the Court, in the case of administrative justice. The legal effects of the United
with the filing of the application instituting the proceedings are preserved.
(3) if it is between a specialized Senate District Court established under the
a special law ^ 96) for discussion and decision of Administrative Affairs
the judiciary and the other by the Senate of the same district court questioned whether it is a matter
administrative justice, under a special Act 97; ^)
the provisions of paragraphs 1 and 2 shall not apply.
(4) the parties to the proceedings have the right to question the substantive jurisdiction of the
paragraph 1 or 2, or to the procedure under paragraph 3.
section 104 c
(1) where the matter Belongs within the material jurisdiction of the Court, which decides in accordance with
Special zákona96) administrative judiciary does pursuant to §
104B (1), if the Court, which shall decide by special zákona96)
administrative justice in the same case, a final decision refusing
the proposal, saying that it was a thing that the courts hear and decide in
Code of civil procedure.
(2) the Court in the case referred to in paragraph 1, propose to the Senate established under
a special law, 97) to decide this dispute about jurisdiction.
97) section 2 of the Act No. 131/2002 Coll., on the decisions of some competence
disputes. ".
22. in § 120 paragraph 1. 2 the words "in proceedings relating to revocation of a political party or
political movement, suspension and restoration of their activities, "
shall be deleted.
23. in section 133a is after the word "sex," the words "racial or
ethnic origin, religion, faith, belief, disability, age
disability, age or sexual orientation ".
24. in section 133a, the current text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the facts alleged that the participant has been directly or indirectly
discriminated against on the basis of their racial or ethnic origin, the Court
in matters relating to the provision of health and social care, access to education and
training, access to public contracts, membership in organizations
workers or employers, and membership in professional and special interest
associations and in the sale of goods in a shop, or the provision of services for
proven, if in the proceedings did not come out to light otherwise. ".
25. In section 137 is at the end of paragraph 2, the following sentence is added:
"Costs belongs also the reward for the representation, if it is representative of the
patent attorney (§ 25b); for its determination is to be used, by analogy, the Special
the legislation, which set out the remuneration and compensation lawyers for
provision of legal services ".
26. in section 155, the following paragraph 4 is added:
"(4) in matters of protection of the rights of broken or at risk of unfair
competitive jednáním62a) and in matters of protection of the rights of the spotřebitelů62b) can
the Court, which upheld a participant, to admit to his proposal in the operative part
the judgment of the right to publish the judgment at the expense of the unsuccessful tenderer;
According to the circumstances of the case the Court shall determine whether or not the scope, form and method
publication. ".
27. in § 157 paragraph. 4, the words "; This does not apply in administrative justice "
shall be deleted.
28. in section 159 shall be deleted and paragraphs 2 and 3 shall be abolished at the same time marking
of paragraph 1.
29. in paragraph 159, the following new Section 159a shall be added:
"section 159a
(1) unless the law provides otherwise, the operative part of the final judgment binding
only for parties.
(2) of the operative part of the final judgment, which was decided in matters
referred to in § 83 para. 2, is binding not only for the parties, but also
for other persons authorized for the same claims against the defendant for the same
Act or State. Special legislation provides, in which other
cases and to what extent is the operative part of the final judgment binding on
person other than the parties to the proceedings.
(3) the Statement of a final judgment, which was decided by a personal
the State is binding for everyone.
(4) the extent to which the statement of final judgment is binding for
Parties to the proceedings and, where applicable, other persons, it is binding for all
authorities.
(5) as soon as the matter was finally decided, cannot be in the range
the binding nature of the operative part of the judgment for the participants and, where appropriate, other person thing
discussed again. ".
30. section 200 h up to 200n, including headings and footnotes # 34b) up to
34 d) shall be deleted.
31. section 200o including title and footnote No 34e) as follows:
"The procedure for the release of foreigners from hedging
§ 200o
(1) if it was not closed by the detention of a foreigner under a special
legal regulation 34e), ^ the stranger may apply to the Court with a proposal to
He ordered his release on the grounds that the conditions are not fulfilled,
for the duration of his collateral provided for specific legislation.
(2) the petition must, in addition to the General requirements (section 42, paragraph 4, section 79 (1))
contain a reference to the decision, which was finally decided on the
ensure the applicant, it must be stated in what facts
the appellant sees the illegality of their detention, the indication of the evidence
concerned by the claimant, and it must be perceptible, what
the appellant seeks.
(3) the applicant shall be required to attach documentary evidence to the proposal which the
relied on, unless it's the documentary evidence contained in the writings of
the respondent, which issued the decision.
34e) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amending certain laws, as amended. ".
32. In paragraph § 200r 2, the words "to ensure that the decision is illegal
or ' are deleted.
33. § 200s is hereby repealed.
34. In section 200t, the words "in accordance with § 200o para. 2 ' shall be deleted.
35. In section paragraph 200u 5, the words "in both cases ' shall be deleted.
36. section 200v and 200w, including footnote # 34f) shall be deleted.
37. In § 202 of paragraph 1. 1 the letter i) deleted.
Letters j to l)) are known as letters) to).
38. the following section shall be added after paragraph 243d 244 to 250 m, including headings and
footnote No. 98) up to 100) are added:
"PART FIVE
PROCEEDINGS IN CASES WHICH HAVE BEEN DECIDED BY ANOTHER
HEAD FIRST
GENERAL PROVISIONS
§ 244
(1) if the decision authority Executive, authority of the local government unit;
interest or professional self-government authority, where appropriate, the conciliation body set up by the
According to a special legal regulation (hereinafter referred to as "administrative authority"), pursuant to
a special Act on the dispute or other legal matter resulting from the
civil, labour, family and commercial relations (§ 7 para.
1), and if the decision has become final, the administrative authority may be the same
the matter discussed at the design in civil proceedings.
(2) the provisions of paragraph 1 shall not apply,
and if) decided a dispute or other legal matter arbitrator or standing
the Court of arbitration, ^ 98)
(b)) if the decision of the administrative authority as a result of objections or
other similar legal relationship by the action of a party before the
administrative authority by a special Act repealed or shall cease to
efficiency,
(c)) if left under a special legal regulation of administrative authority
participants in the legal relationship with their demands on the proceedings before the Court. ^ 99)
§ 245
If not otherwise stated in this section will apply mutatis mutandis, the provisions of part
first to fourth of this Act.
THE HEAD OF THE SECOND
BRINGING AN ACTION
§ 246
(1) the design shall be entitled to one who claims that the prejudice to the rights
by decision of the administrative authority, which was his rights or obligations
based, changed, cancelled, or rejected. This proposal is
called the action.
(2) the application must in addition to the General requirements for filing (section 42 (4))
include a description of the parties, a dispute or other legal things
that the administrative authority's decision, and the decision of the administrative authority, the summary of the
the facts indicate that the action is filed in a timely manner, information about
in what the applicant considers that the decision of the administrative authority was without prejudice to the
their rights, marking evidence, which should be in the proceedings before the Court
performed, as well as the extent to which it is to be a dispute or other legal matter
discussed and decided by the Court and how to dispute or other legal matter
the Court decided.
(3) to the application, the applicant must attach a copy of the decision of the administrative
authority and the documentary evidence which it invokes.
§ 247
(1) the application must be lodged within two months of notification of the decision
administrative authority. By default this period cannot be waived.
(2) the action is inadmissible if the applicant has not used in the procedure before the
an administrative authority to the proper remedies or if it applied
the proper remedies were not by the administrative authority for tardiness
discussed.
§ 248
(1) the filing of an action does not have suspensory effect on the legal power or to
the enforceability of the decision of an administrative authority.
(2) the Court at the request of the Prosecutor shall defer
and the enforceability of the decision of an administrative authority) until the final
the decision on the application, if the communicating enforcement
administrative authority threatened serious injury to the claimant,
(b)) the legal power of the administrative authority's decision until the decision
on the application, if the applicant is severely compromised in their rights and deferral
shall not affect rights acquired inappropriately by third parties.
(3) postponement of legal authorities or the enforceability of the decision of the administrative authority
the Court's own motion revoked once it is shown that the reasons for the
that was enabled.
THE HEAD OF THE THIRD
TO THE ACTION
The jurisdiction of the
§ 249
(1) unless otherwise stipulated, are to the proceedings at first instance
the district courts.
(2) regional courts decide as courts of first instance in cases of the deposit
rights to immovables. ^ 100)
§ 250
(1) unless otherwise stipulated, the locally competent management
and the General Court of the party), which has been, or by design, the application to the
administrative authority should be imposed the obligation to carry out,
(b)) the General Court of the Party on whose proposal was to the proceedings before the administrative
Authority initiated, if there is no jurisdiction pursuant to point a),
(c)) the Court, in whose district is the seat of the administrative authority of dispute or
other legal case decided, if it is not in accordance with the jurisdiction)
or (b)).
(2) where the proceedings Involved before the administrative authority of the rights to real estate, is to
management of the locally competent court always, in whose district the property is.
§ 250a
Parties to the proceedings
(1) the parties are the applicant and those who were participants in the proceedings
before the administrative authority.
(2) when the Court finds that the proceedings shall not take part in someone who is referred to in
paragraph 1 of its resolution, it picked up the slack by the participant in the proceedings. Against the
This order is not appealable.
Discussion of actions
§ 250b
(1) in an action are linked to a common control to the next action, which
have been filed in the case, about which the administrative authority decided the same decision
before the Court of first instance about her decision.
(2) in the course of the proceedings before the Court may not be changed, the circle of what
He was here at the time of the decision of the administrative authority; This does not apply if there is a
proceedings before the Court the procedural succession (§ 107 and 107a).
(3) the proposal, decided the administrative authority may not be in the course of proceedings
before the Court has changed.
§ 250 c
(1) in preparation for the negotiations, President of the Chamber also asks of the administrative
authority of the needed files.
(2) a copy of the complaint, the Court also delivered to the Administrative Department, that of dispute
or other legal matter decided, and allow him to make an application in writing
comment.
(3) the provisions of Section 114b shall not apply.
section 250 d
(1) the parties may indicate the relevant facts about the merits of the case and
Mark evidence to demonstrate no later than the end of the first
the hearing, which was held in the proceedings before the Court; to later referred to
facts and evidence shall be disregarded. This does not apply in the case of fact
or evidence which is to be carried out by the credibility of evidence
funds, that have occurred (arose) after the first hearing, or that
participant could not without their guilt in a timely manner.
(2) the obligations referred to in paragraph 1 and of the consequences of failure to comply with these
obligations of the participants must be instructed in the summons to attend a hearing on
things.
§ 250e
(1) the Court is not bound by the facts, as found by the administrative authority.
(2) the Court may take their also the findings of the administrative authority.
The ability to repeat the evidence made before the administrative authority is not affected.
§ 250f
The Court shall, within the limits in which the plaintiff sought the rehearing
a dispute or other legal matters in proceedings before the Court. This range is not
bound,
and if the administrative authority) of proceedings without a draft,
(b)) in the case of such common permissions or obligations that the decision
must apply to all attendees who are their holders,
(c)) where it is clear from the legislation a specific method of settlement of the legal
the relationship between the parties.
CHAPTER FOUR
THE DECISION ON THE APPLICATION
§ 250 g
(1) the Court rejects the claim,
and) if submitted late
(b)) was made by someone who is not entitled to the application,
(c)) is inadmissible.
(2) the decision referred to in paragraph 1 may not be ordered to conduct.
section 250 h
(1) the participant to whose proposal has been brought before the administrative
authority may take proceedings before a court in the course of this proposal, and it
whole or in part.
(2) if taken back the proposal, which has been brought before the administrative
authority, and with the consent of the other participants in this by withdrawing the application
proceedings, the court proceedings, where appropriate, to the extent of completely discontinuance
stops. The negotiations may not prescribe.
(3) if the Court Stops the proceedings referred to in paragraph 2, the decision shall cease to
the effectiveness of the administrative authority, in so far as the Court is prejudice.
Listed results in must be included in the operative part of the resolution terminating the proceedings.
§ 250i
The Court shall reject the action if it concluded that the administrative authority's decision to
a dispute or other legal things correctly.
§ 250j
(1) if the Court concludes that a dispute or other legal matters should be
otherwise decided, than decided to the administrative authority shall decide on the merits
judgment.
(2) judgment of the Court in accordance with paragraph 1 is replaced by the decision of the administrative
authority to the extent to which the judgment of the Court. This
result must be included in the operative part of the judgment.
§ 250 k
If the Court stops the proceedings relating to the action for reasons other than those referred to in section
250 h, or if he refuses a claim or reject the action, remains
decision of the administrative authority intact.
section 250 l
Replaced by the judgment of the Court, at least in part, the decision of the administrative authority
(§ 250j (2)) or ceases to have the decision of the administrative authority, at least
in part, its effectiveness (section 250 h (3)), the Court again on compensation
the costs incurred in the proceedings before the administrative authority if
It was in this procedure for refund has been made.
98) Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral
the findings.
for example, 99) § 70 para. 2 of Act No. 200/1990 Coll. on offences.
100) Act No. 265/1992 Coll., on the ownership and other substantive
rights to real estate, as amended. ".
39. In paragraph 274 for the letter a) insert a new subparagraph (b)), which read as follows:
"(b) in the case of enforceable judgments) the administrative judiciary;".
Subparagraph (b)) to (g)) shall become point (c)) to (h)).
40. In paragraph 374 of paragraph 1. 1, after the word "heritage," the words "
the service of documents. "
41. Annex A shall be deleted.
PART SEVEN
Amendment of the Act on Association in political parties and in political
movements
Article. (VII)
Act No. 424/1991 Coll. on Association in political parties and in
political movements, as amended by Act No. 468/1991 Coll., Act No. 68/1993
Coll., Act No. 189/1993 Coll., Act No. 114/1994 Coll., constitutional
the Court published under no. 303/1995 Coll., Act No. 330/1996 Coll., Act
No 340/2000 Coll., Constitutional Court published under no. 98/2001
Coll., Act No. 104/2001 Coll. and Act No. 170/2001 is amended as follows:
1. in article 7, paragraph 4 is added:
"(4) if the Preparatory Committee with the caveat of the Ministry, may
within 15 days of delivery of the notice to seek action in the administrative judiciary
determine that the design registration does not have weaknesses. "
2. In article 7 (2). 5, the words "regional court referred to in paragraph 4" shall be replaced by
the words "the Court referred to in paragraph 4, by which it was determined that the proposal on registration
does not have weaknesses. "
3. in § 14 para. 2, the word "proposal" shall be replaced by the words "an action in administrative
the judiciary ".
4. in § 14 para. 3 the words "draft parties and movements, the Court" shall be replaced by
"the action by the Court in administrative justice".
5. in article 15, paragraph 2. 1 the words "Supreme Court" shall be replaced by "the highest
the Administrative Tribunal ".
6. In article 16a, paragraph 2. 1, the words "its review, if it is for
illegal or contrary to the statutes "shall be replaced by the words" determine whether there is
such a decision in accordance with the law and statutes ".
7. In article 16a, paragraph 2. 2, the words "to review" are deleted.
8. In article 16a, paragraph 2. 3 the first sentence reads as follows:
"The Court in the proceedings it shall follow the code of civil procedure.".
9. In article 16a, paragraph 2. 3, the second sentence shall be deleted.
10. in section 20a para. 2 (a). (c)), the words "has been filed with the Supreme Court
the proposal "is replaced by" has been brought ".
PART EIGHT
cancelled
Article. (VIII)
cancelled
PART NINE
Amendment of the Act on the right of Assembly
Article. (IX)
In section 13 of the Act No. 84/1990 Coll. on the right of Assembly, last sentence
including footnote # 2):
"Otherwise the provisions of the code of civil procedure shall apply mutatis mutandis
administrative. ^ 2)
2) § 65 to 78 of Act No. 150/2002 Coll., the administrative court rules. ".
PART TEN
Amendment of the law on court fees
Article. X
Act No. 553/1991 Coll. on court fees, as amended by Act No.
271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.
209/1997 Coll., Act No. 227/1997 Coll., Act No. 101/2000 Coll., Act No.
155/2000 Coll., Act No. 242/2000 Coll., Act No. 257/2000 Coll. and act
No 451/2001, is amended as follows:
1. in article 2, paragraph 2 reads as follows:
"(2) in matters of administrative justice is the taxpayer a fee for management
the one who handed
an action or other) design, which is initiating the procedure
(b)) an appeal in cassation. ".
2. In paragraph 3, at the end of paragraph 1, the following sentence is added:
"In matters of Administrative Justice decides matters of management fees
the court having substantive and territorial jurisdiction to hear and determine
things. ".
3. in article 3 paragraph 3 is added:
"(3) If a person liable to pay the charge in connection with the
appeal or such extraordinary appeal decision on the merits of the case or in connection with the
appeal or such extraordinary appeal decision, which ends, decides
in matters of court fees, the Court of first instance did not adjudicate them
the Board of appeal or the Court. "dovolací.
4. In article 3, after paragraph 3, insert a new paragraph 4 is added:
"(4) in matters of fees for proceedings on a complaint of Cassation is decided by the regional
Court. ".
The current paragraph 4 shall become paragraph 5.
5. In section 4, paragraph 4. 1, letter c) the following point (d)), which read as follows:
"(d) the filing of a complaint of Cassation)".
Subparagraph (d)) to (g)) are known as the letters e) to (h)).
6. In article 7 (2). 1 is the text "d) to (g))" is replaced by the text "e) to (h))".
7. § 9 para. 1, the words "or the appeal" is replaced by "appeal
or complaint of Cassation ".
8. in § 9 para. 7, after the word "paid" the words "in matters of
administrative justice before the resolution came into force, and
other matters ".
9. in section 10, paragraph 1. 3, the words "or the appeal" is replaced by "appeal
or complaint of Cassation ".
10. In section 11 (1) 1 (b)):
"(b)) pension insurance (security), health insurance (care)
State social support, insurance premiums on health insurance premiums,
social security contributions and contributions to the State policy
employment, social welfare and State benefits, ".
11. In article 11 (1) 1 (b). e), the words "related to the application
the electoral law, or "shall be deleted.
12. In article 11 (1) 1 the dot at the end is replaced by a comma and the following
the letter l) up to), including footnote No. 2a) shall be added:
"l) election,
m) the dissolution of the political parties or political movements, or suspension
their activities,
n) conflicts of actions,
o) distraint proceedings. ^ 2a)
2A) Act No 120/2001 Coll., on judicial executors and enforcement activities
(enforcement procedure) and amending other laws. ".
13. in paragraph 11 (1) 3, the letter "e") the following new subparagraph (f)), which read as follows:
"(f)) of the complaint of Cassation,".
Subparagraph (f)) is renumbered as paragraph (g)).
14. in section 11 (1) 3 (b). (g)), the dot at the end is replaced by a comma and
the following point (h)), which read as follows:
"(h)).".
15. In article 11 (1) 4, after the words "enforcement", the words "
enforcement řízení2a) ".
16. in section 13a is inserted after section 14, which reads as follows:
"section 14
Against the resolution in cases of charges issued by the courts in the administrative judiciary
the decision is not acceptable. ".
17. In the annex to the Act No. 549/1991 Coll., the scale of fees, notes
the entire tariff, in point 2, the words "or management" shall be replaced by
"the cassation complaint or".
18. In the annex to the Act No. 549/1991 Coll., the scale of fees, the
item 14 the following item 14a is inserted:
"Item 14a
1. in an action brought in the things which previously held an authority other than a court,
If the subject
and monetary amounts) $2,000, including Eur 1000.0-
(b)) in other cases Czk 2500.0-
2. in an action or other proceedings in matters of administrative
the judiciary
and decision of the administrative authority) against Eur 2000.0-
(b)) to determine that a proposal for the registration of the statutes
(changes to the articles of Association), a political party or
political movement does not have the shortcomings of Eur 5000.0-
(c)) on the restoration of the political party or
$10000.0-political movement
(d)) in other cases Czk 1000.0-".
19. Item 15 of the annex to law No. 549/1991 Coll., the scale of fees
added:
"Item 15
For £ 3000.0-appeal in cassation ".
20. Under item 4 of the annex to law No. 549/1991 Coll., the scale of fees
section 2 of the Notes reads as follows:
"2. for the proposal to stop the enforcement of a decision or execution or postponement
enforcement of a decision or execution fee does not select; in the case of a proposal to
stop the enforcement of a decision or execution because after the release of decision
it granted the right to disappear within the meaning of § 268 paragraph. 1 (b). g) o. s. l.,
the fee shall be collected in accordance with subparagraph (c)) for this item. ".
21. Under item 16 of the annex to law No. 549/1991 Coll., the scale of fees
the remarks the following point 3 is added:
"3. the objection to the bailiff to cover the costs
execution fee collected. ".
22. in Item 22 of the annex to law No. 549/1991 Coll., the scale of fees
After the word "order" the words "or the rules of Court of the administrative".
PART ELEVEN
Amendment to the Energy Act
Article. XI
In Act No. 458/2000 Coll., on conditions for business and for the exercise of State
management in the energy sectors and on amendments to certain laws
(Energy Act), section 97, including footnote # 17) shall be repealed.
PART TWELVE
cancelled
Article. (XII)
cancelled
PART THIRTEEN
Amendment of the Act on residence of aliens in the territory of the Czech Republic
Article. XIII
Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amendments to certain laws, as amended by Act No 140/2001 is amended as follows:
1. In article 124, paragraph 3, including footnote # 17):
"(3) secured by a foreigner is entitled to submit a proposal under the Special
law 17) where ^ court rules on detention and shall order the
the release, if the legal grounds for detention have ceased to apply.
17) § 200o and following of the civil procedure. ".
2. In paragraph 127 (b)):
"(b)) if the Court decides in administrative justice of annulment of the decision of the
detention of a foreigner, or if the Court ordered in proceedings under the Special
the release of the foreigners law. 17) ".
PART OF THE FOURTEENTH
cancelled
Article. XIV
cancelled
PART FIFTEEN
Amendment of the Act on the Organization and implementation of social security
Article. XV
Act No. 582/1991 Coll., on the Organization and implementation of social security,
as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.
306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.
356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.
155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll. and Act No. 353/2001 is amended as follows:
1. In section 14 para. 3 (b). and), after the words "the appeal" is inserted
the words "in administrative proceedings or action".
2. In article 78, paragraph 2 reads as follows:
"(2) are excluded From judicial review of the decision on
and the end of temporary incapacity); the Court will examine such
the decision just when deciding on an action against a decision to withdraw benefits
sickness insurance,
b) voluntary sickness insurance benefits. ".
3. section 79, including footnote No 22) shall be deleted.
4. In § 85 para. 2, the fourth and fifth sentence deleted.
5. section 89, including the title reads as follows:
"§ 89
Judicial review of decisions in matters of pension insurance
(1) are excluded from the judicial review of decisions which are
the basis for the decision on a pension from the pension insurance; Court
will examine such a decision only when deciding on an action against
Czech social security administration decision about retirement.
(2) if so requested by an authorized before the expiry of any action on the communication from the
basis for calculation of the pension, starts to run the new time limit for bringing an action
the date on which these documents were delivered.
(3) the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the action against the decision of the
the increase in income for impotence ".
6. In paragraph 97, at the end of the following sentence is added:
"The decision under section 95 and section 96 paragraph 1. 1, which are a treasure for
the decision on the payment of sickness and for decisions to grant full
the partial disability pension or the invalidity pension the Court
reviewing only when deciding on an action against the decision of the Czech administration
social security for these doses. ".
7. In paragraph 104, the fourth sentence is added:
"The decision on refunds issued in appeal proceedings are excluded from the
judicial review. ".
8. § 104e including title and footnote No. 21):
"§ 104e
Judicial review
Of judicial review are excluded decisions
and payments of premiums and) permit periodic penalty payments, ^ 21)
(b) waiver of penalty) (section 104ch).
21) section 20a of Act No. 589/1992 Coll. ".
9. in section 104f, paragraph 1 repealed.
Paragraphs 2 and 3 shall become paragraphs 1 and 2.
10. In section paragraph 104f 1, the third sentence shall be deleted.
11. section 106:
"the section 106
The decision on the application for the removal of the hardness of the regulations on social
security are excluded from judicial review. ".
12. In § 111 paragraph 5 is added:
"(5) the provisions of § 89 of judicial review applies here mutatis mutandis."; "
13. In Article 118a of the paragraph. 3 the words "the appeal" is replaced by
"action".
PART OF THE SIXTEENTH
cancelled
Article. XVI
cancelled
PART SEVENTEEN:
cancelled
Article. XVII
cancelled
PART EIGHTEEN
Amendment of the Act on State social support
Article. XVIII
Act No. 117/1995 Coll., on State social assistance, as amended by Act No.
137/1996 Coll., Act No. 132/1997 Coll., Act No. 242/1997 Coll., Act No.
91/1998 Coll., Act No. 157/1998 Coll., Act No. 360/1999 Coll., Act No.
118/2000 Coll., Act No. 132/2000 Coll., Act No. 155/2000 Coll., Act No.
492/2000 Coll. and Act No. 273/2001 Coll., is amended as follows:
1. In paragraph 62, at the end of paragraph 1, the following sentence is added:
"This deadline does not follow for appeal proceedings, proceedings relating to the action, performance
decision, or if they are on the reimbursement of an overpayment made from
dose. ".
2. the following section is inserted after section 73 73a, which including the title reads as follows:
"to section 73a
Judicial review
Of judicial review are excluded of the decision on the remission of terms
permanent residence pursuant to § 3 (2). 3. ".
PART NINETEEN
Amendment of the Act on the State vocational safety surveillance work
Article. XIX
Act No. 174/1968 Coll., on State specialized supervision of work safety,
as amended by Act No. 576/1990 Coll., Act No. 159/1992 Coll., Act No.
47/1994 Coll., Act No. 71/2000 Coll. and Act No. 121/2000 Coll., is amended
as follows:
Section 7b is inserted after section 7 c, which including the title reads as follows:
"section 7 c
Judicial review
From the judicial review of a decision issued by the Organization are excluded
State professional supervision in the implementation of safeguards
dedicated technical equipment in accordance with § 6a of paragraph 1. 1 (b). a) to (d)). ".
PART TWENTY-
cancelled
Article. XX
cancelled
PART OF THE TWENTY-FIRST
Amendment of the Act on collective bargaining
Article. XXI
Act No. 2/1991 Coll., on collective bargaining, as amended by Act No.
519/1991 Coll., Act No. 118/1995 Coll., Act No. 155/1995 Coll. and act
No. 220/2000 is amended as follows:
1. In section 14 para. 2 third sentence is added:
"When deciding the regional court shall proceed according to the provisions of the civil
Code of civil procedure governing proceedings at first instance; Decides, however, always
the resolution, against which there is no appeal or retrial ".
2. footnote # 24) is repealed.
3. in article 15, paragraph 2. 2, the words "of the Ministry of Finance of the republics, in agreement with the
the ministries of labour and Social Affairs of the republics lay down regulations "
replaced by the words "Ministry of labour and Social Affairs in agreement with the
The Ministry of Finance shall lay down by Decree ".
PART TWENTY-TWO
cancelled
Article. XXII
cancelled
PART TWENTY-THREE
Amendment of the Act on consumer protection
Article. XXIII
In section 25 of Act No. 634/1992 Coll. on consumer protection, the present
the text becomes paragraph 1 and the following paragraph 2 is added:
"(2) the application for the initiation of proceedings in a court on infringement
a hearing on the protection of consumers ' rights may be filed and a participant in the
such proceedings may also be an association, whose statutes are listed
These objectives. "
PART OF THE TWENTY-FOURTH
Changing the law on patent agents
Article. XXIV
In Act No. 237/1991 Coll., on patent representatives, as amended by Act No.
14/1993 Coll., section 2, including footnote No. 1a) is inserted:
"§ 2
Patent Attorney provides technical assistance for natural and legal
persons in matters relating to industrial property, in particular by
under the conditions and to the extent the laws relating to proceedings before the courts is
represented in proceedings before the courts of ^ 1a) and is represented in proceedings before the
Industrial property Office (hereinafter referred to as "the authority"), or other
administrative authorities and providing them with professional advice.
1A) § 35 para. 2 Act No. 150/2002 Coll., the administrative court rules. § 25b
Code of civil procedure. ".
PART OF THE TWENTY-FIFTH
TRANSITIONAL PROVISIONS
Article. XXV
Transitional provisions relating to part six
1. In the cases referred to in § 244, in which a special law confers on the
a court deciding on appeals against decisions of administrative
authorities referred to in part five of the head of the third code of civil procedure as amended by the
effective 31 December 2007. December 2002, can be from the effective date of this Act, submit
an action under part five of this Act under the conditions laid down by it.
2. Unless the context otherwise requires or unless otherwise provided by this Act or the
special legislation provides otherwise, the law also applies to proceedings commenced
before the date of entry into force of this Act; the legal effects of the acts which, in the
the proceedings arose before the date of entry into force of this Act, shall remain
preserved.
3. to determine the substantive and territorial jurisdiction in proceedings which have been
initiated before the date of entry into force of this Act shall apply
the existing legal provisions, in the case of things that are after the date of acquisition
of this Act to continue to discuss and make decisions in the civil
court proceedings.
4. With regard to the jurisdiction to proceed under this Act and in
the proceedings that were initiated before the date of the acquisition of its effectiveness if it is
about the things that happen after the date of entry into force of this Act continue to be
discuss and decide in civil proceedings. However, if incurred
the dispute about the jurisdiction prior to the effective date of this Act,
shall be decided upon in accordance with the existing legislation.
5. proceedings in the matters referred to in § 200 h up to 200n, 200v and 200w
initiated before the date of entry into force of this law shall be completed in accordance with
the existing legislation.
6. for the service of documents, which were delivered by the Court or
committed to deliver before the date of entry into force of this Act,
apply the existing legislation.
Article. XXVI
Transitional provisions to the tenth
1. in proceedings initiated before the date of entry into force of this Act shall be
fees collected according to the existing legislation, even when they become
due after the date of entry into force of this Act.
2. If in the case of a charge issued resolution before the date of entry into force of
This Act, proceedings in this case shall be completed in accordance with fee
the existing legislation.
3. Under this Act shall be collected fees in execution proceedings
instituted before the effective date of this Act; the fees, which
maturity occurred before the date of entry into force of this law, however,
Select according to the existing legislation.
PART TWENTY-SIX
The EFFECTIVENESS of the
Article. XXVII
This Act shall take effect on 1 January 2000. in January 2003, with the exception of part one
point 14, parts of the fourth and fifth, part of the ten points 20 and 21, which shall take
effect on the date of its publication.
Klaus r.
Havel, v. r.
in the financial times in the r..
