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.

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).

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.

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.

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.