European e-Justice Portal - Case Law
 
 

Navigation path


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

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

Injunctions Directive, Article 3, (b)

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

No results available

No results available

The complaint was rejected as groundless.