Case Details


Case Details
National ID I.ÚS 1883/13
členský stát Česká republika
Common Name link
Decision type Jiné
Decision date 28/11/2013
Soud Ústavní soud ČR
Předmět
Žalobce Unicampus, o. s.
Žalovaný Regional Court in Prague
Klíčová slova case law, consumer, consumer rights organisation, court

Injunctions Directive, Article 3, (b)

The Directive 2009/22/EC should not affect the civil process law of the member states. The Constitutional Court of the Czech Republic stated, that it is obvious, that provisions of the Directive 2009/22/EC are not in conflict with the law of the European Union and it is not necessary to use the preliminary ruling.
The defendant decided earlier in a case of plaintiff. The plaintiff stated, that the Directive 2009/22/EC was not duly implemented into Czech law system and that the current national laws are in conflict with the purpose of the Directive 2009/22/EC. The court should have used the preliminary ruling to ensure right functioning of the law of the European Union.
Do the provisions of the Directive 2009/22/EC affect process provisions of national laws?
The Constitutional Court of the Czech Republic confirmed, that the defendant had the possibility to use the preliminary ruling, but it was not necessary, because in this case it is obvious, that there was no conflict with the Law of the European Union. The Directive 2009/22/EC does not affect the civil process law in the Czech law system.
Full Text: Full Text

No results available

Member State Title Author
Česká republika Předběžné opatření vydané v meritu věci v kontextu unijního a ústavního práva Jan Vavrečka, Nicole Grmelová
The complaint was rejected as groundless.