What can be compensated

The State is objectively (that is, without the need to prove its fault) liable for the damage caused by the decision issued (whether in civil proceedings, administrative proceedings, administrative or criminal proceedings) or for damage caused incorrect official procedure.

The relevant Act No. 82/1998 Coll., on State liability for damage as a condition for successful filing of a claim provides for the fulfillment of three prerequisites as a condition for the successful assertion of a claim:

1) unlawful decision OR maladministration,

2) occurrence of damage (property damage, non-property damage)

(3) the causal link between an unlawful decision or maladministration and the occurrence of harm.

Each of these conditions has its own specifics, in particular as regard to quantification, proof or limitation periods, after which the right to compensation is substantially weakened. The fulfillment of each ofthese conditions must be carefully examined in each individual case. At the same time, the case-law (decision-making) of the Supreme Court and the Constitutional Court, which is abundant in this area and which makes it possible to better predict the (un)success of a claim, should be examined.. Therefore, it is also worthwhile to secure legal assistance for an effective procedure.

1. Unlawful decision

The right to compensation for damage caused by an unlawful decision is available to the parties to the proceedings (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 a given decision or to seek its annulment or to declare it incorrect at the next instance. Compensation may be claimed if the decision has been annulled or changed for illegality after it has become final (or if the decision is non-final but enforceable).

2. Maladministration

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.

How to make a claim

Liability for damage to the state is applied in a slightly different procedure than a normal claim. The main difference is mainly in the pre-trial phase — the application is first submitted to the competent authority, often the ministry. Ordinary judicial enforcement comes only when the claim is not fully satisfied by the competent authority within six months of the submission of the application.

However, in these cases, the injured party is partially advantaged, for example, by a reduced court fee and a reduced obligation to reimburse costs in the event of failure.

Deadlines

As in any procedure, care must be taken to monitor and comply with deadlines. Of course, the main ones that need to be paid attention to are the limitation period, after which the defendant's office can successfully raise an objection of limitation, for which the court will dismiss the claim.

A claim for damages generally expires at three years from the date on which the injured party became aware of the damage and who was liable for it. The claim for compensation for non-pecuniary damage shall, however, expire for the liability of the State for the damage already six months from the date on which the injured party became aware of the injury.

At the time of consideration of the claim with the competent authority, the limitation period does not run — it is built and the period continues again after the expiry of the mentioned six-month period for processing the application in vain. However, if the Office indicates before its expiry that it does not recognise the claim, the period shall be renewed by that opinion.

Conclusion

In particular, in cases where there has been a flagrant violation of the law on the part of the state, we recommend that you consider seeking damages against the state. And this is especially considering that the law gives quite effective options for this. In addition, the injured party is greatly advantaged when pursuing his claim against the State compared to standard debt collection (low court fee, reimbursement of the costs of the proceedings in case of failure).

Our many years of experience show that the futile expiration of legal deadlines or the wrong interpretation of the existence or amount of the claim can usually not be remedied additionally. Thanks to the number of cases we have dealt with with our clients, we are able to catch all possible ambiguities in advance and thus effectively prevent protracted disputes.