In order to assess for yourself what compensation you may be entitled to for delays in proceedings, we have prepared the following overview on the basis of the current case-law.

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Amount of compensation

For each year of delays, compensation is usually provided in the range of 15,000 to 20,000 CZK, which can then be reduced or increased by up to 50% depending on:

(a) the importance of the proceedings for the injured party;

b) the complexity of the proceedings (the extent of the case, the need for proof, etc. );

(c) the effect of the injured party on the duration of the proceedings (possible complicity in delays); and

(d) the conduct of the administrative authorities or courts in the proceedings (as a rule, account is taken of how many authorities and at what stage they decided).

Compensation is thus provided especially for delays in criminal proceedings, which may occur after three years of proceedings. Procrastination caused by administrative authorities or civil courts is usually considered to be the duration of proceedings exceeding six years.

In some cases, it may not even be a single proceeding, whereas, for example, the zoning procedure and the subsequent change of location procedure can in some cases be considered as a single whole in terms of the length of the proceedings.

Separately, there are also possible claims for property damage, which in some cases may arise, for example, if the state authorities unlawfully withhold goods or other property of the entrepreneur.

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Examples of the amount of compensation

The following examples of compensation awarded for delays in proceedings can be cited from judicial practice:

a) u prosecution of a natural person (the length is calculated from the date of communication of the accusation, not from the beginning of the investigation) 8 years ---- 70,000 CZK;

(b) six years Ongoing proceedings simple building permit for landscaping the garden ---- 94,000 CZK for each of the spouses who jointly applied for permission;

c) beyond nine years in the ongoing procedure for the removal of the colonnade structure, compensation was awarded in the amount of 118,000 CZK and others 67,000 CZK for delays in the proceedings themselves for compensation for delays;

d) u construction management relating to the residence of the natural person for the duration of the 19 years ---- 420,000 CZK;

(e) recovery of a current receivable arising from trade between companies of duration 13 years ---- 75,000 CZK.

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Method of application

The claim must first be filed with the relevant ministry, which has 6 months to decide on the claim. After that, it can be appealed to the court. In proceedings against the State, it is an advantage that the State (in the event of the applicant's failure) generally does not have the right to reimbursement of the costs of the proceedings. Thus, the application of a claim does not carry nearly as much risk of failure as ordinary civil proceedings.