The length of the proceedings depends on a number of factors: court congestion, the complexity of the case, the activity of the parties (including the filing of appeals) or the workload of the experts. The procedure in the first instance usually takes 6 - 30 months, the review in subsequent cases is already more limited and therefore usually ranges from 6 to 12 months. As a rule, this procedure can take from six months to five years. A certain indication of the length of the proceedings can then be regarded as a certain indication of the length of proceedings determined by the case-law of the limits of the “unreasonably long” proceedings, which can be criminal proceedings lasting more than 3 years and civil proceedings lasting more than 6 years.

In general, it is not necessary to be represented by a lawyer in the proceedings before the court. Exceptions are appeal proceedings, cassation complaints, proceedings before the Constitutional Court and cases of so-called necessary defence in criminal cases. However, we recommend representation by a lawyer in the remaining proceedings, especially since the lawyer will recommend the client the most appropriate course of action to protect the client's rights.

As a rule, a predominantly successful party has the right to reimbursement of the costs of the proceedings by the unsuccessful counterparty. However, the amount of the costs paid in this way is determined by a “lump sum” according to the value of the dispute and the amount of the lawyer's actions. In particular, in the case of less “valuable” disputes, the compensation may not cover the costs incurred in conducting the dispute.

A distinction must be made between a call for performance (which may only be a condition for the establishment of a claim) and a subsequent pre-action challenge, which must be sent at least 7 days before the application is filed. Although a pre-action challenge is not a condition for filing a claim, it is advisable to send it (preferably through a lawyer) not only to increase the chances of voluntary repayment of the debt, but also to create a claim for reimbursement of the costs of successful proceedings.

The definition of “maladministration” is quite broad, but in general it can be described as a violation of binding rules prescribed by legal norms for the conduct of a public authority in its activities, to which it is obliged and authorized on the basis of generally binding legislation. However, in the case of maladministration, this is not an illegal decision, but the procedure of the authority, which was subsequently reflected in its decision. It is often an unreasonable length of proceedings, where, although the decision given is legal in itself, the time until it is issued is contrary to procedural rules or reasonableness and the parties are therefore entitled to compensation for delays in the proceedings.

If the decision is in legal force (i.e. final), it means that it is binding on the persons in question and they are obliged to abide by such decision. A decision is enforceable if the time limit for the performance of an obligation in that decision has elapsed. Thus, after such expiration of the period, it is possible to force the participant to fulfill the obligation imposed on him in the decision, even against his will.

A duly served payment order becomes legal if you do not file an objection to the payment order within 15 days from the date of delivery, in the court that issued the payment order. In opposition, you express your disagreement with the imposed obligation and the court will therefore cancel the payment order. Subsequently, you will have a period of 30 days, in which you must indicate for what reason you do not agree with the filed lawsuit. If you did not complete such a justification, the court could rule by judgment of recognition.

Enforcement of a decision and enforcement constitute an opportunity to compel a party to comply with an obligation even against his will. The execution of the decision is carried out by the court, on the contrary, the execution is carried out by the selected bailiff. In practice, enforcement is much more widely used, especially because of its efficiency and the possible recourse to multiple sources of assets of the obligor.

To file an action, it is necessary to designate a court of substantive and local jurisdiction. The district court (district court in Prague) is usually competent in the case. Local jurisdiction is usually determined according to the defendant's place of residence or domicile in the case of a legal entity.

Any claim or right must be exercised in a timely manner, that is, before the expiration of the limitation period and sometimes even a significantly shorter limitation period. While ordinary civil claims (for performance or damages) usually expire after 3 years, in a number of cases (administrative actions, actions for annulment in employment, rental or corporate matters) these are units of months! In any case, the sooner you seek out a professional, the more chances there will be to exercise the right properly and in a timely manner.

A claim for compensation for damage caused by the state is applied in a different procedure than a normal claim. The first step is to apply for compensation to the competent authority, often the ministry. If the Office does not grant compensation within 6 months of the submission of the application, judicial enforcement may be initiated. In such proceedings, the injured party is partially advantaged, for example, by a reduced court fee and substantially lower costs in the event of failure.

Even if you accept the claim, it is better to prevent a court decision on it, for example, by paying the debt earlier or by agreeing with the claimant, as the court will usually also impose an obligation on you to pay the costs of the plaintiff's proceedings. However, the plaintiff often has the will to agree to withdraw the action in exchange for at least partial or earlier payment of the debt. It always makes sense to at least attempt an extrajudicial action.

The right to compensation for damage caused by an unlawful decision has the parties (including omissions) in which a decision was issued, as a result of which they suffered property or non-property damage. However, it is not enough just to disagree with the decision or to seek its annulment or to declare it incorrect at the next instance. Compensation can only be claimed if the decision has been annulled or changed for illegality after it has become legal (or if the decision is non-final but enforceable).

The court can also decide “contumacy”. Therefore, if you have received a summons or a summons to a hearing from the court, it is usually necessary to respond adequately to the appeal served and to appear in particular at the first court hearing. As soon as you receive such an action or subpoena, it is advisable to seek counsel as soon as possible so that they can secure your defense, especially if it is a claim that you do not recognize. Even if you accept the claim, it is better to prevent a court decision on it, for example, by agreeing with the claimant, as the court will usually also impose an obligation on you to pay the costs of the plaintiff's proceedings.