Case law

  • Case Details
    • National ID: II.ÚS 1794/15
    • Member State: Czech Republic
    • Common Name:link
    • Decision type: Other
    • Decision date: 15/11/2016
    • Court: The Constitutional Court of the Czech Republic
    • Subject:
    • Plaintiff: Unicampus, o. s.
    • Defendant: Council for radio and TV broadcast
    • Keywords: case law, consumer, consumer rights organisation, court, fees
  • Directive Articles
    Injunctions Directive, Article 3, (b)
  • Headnote
    The costs of the proceedings are part of system of civil process law, not only the Directive 2009/22/EC. The costs of the proceedings should correspond equally and fairly in each case and should be divided in accordance to national law, which reflects the law of the European Union.
  • Facts
    The defendant decided in a previous decision that the plaintiff is required to pay the costs of the proceedings. However, the plaintiff stated that this goes against provisions of the Directive 2009/22/EC. When there is an injury of law of the European Union, the injured party should not be obliged to pay the costs of the proceedings.
  • Legal issue
    The court confirmed, that it is necessary to use interpretation of national laws in accordance to the law of the European Union, but the costs of the proceedings are only matter of national civil process law. The Constitutional Court of the Czech Republic should intervene with decisions of other courts only in cases of serious infringement of justice, which is usually not in cases of the costs of the proceedings.
  • Decision

    Is the consumer required to pay the costs of the proceedings in cases according to the Directive 2009/22/EC?

    URL: http://nalus.usoud.cz/Search/GetText.aspx?sz=2-1794-15_1

    Full text: Full text

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  • Result
    The complaint was rejected as groundless.