Recognition of decisions issued by the authorities of another state

To recognise a decision means to grant a foreign decision, i.e. a decision issued by the authorities of another state, the same legal effects as if it was a decision issued domestically. The recognition of a foreign decision results in precisely the same legal situation that would arise if a Czech authority (e.g. a Czech court) decided on the matter. A foreign decision means not only judgements issued by courts and authorities of a foreign state (administrative bodies), but also foreign court settlements and foreign public documents issued in private law matters. However, this category also includes decisions of criminal courts on the injured party’s civil claims.

General conditions for recognition

A foreign decision will be effective in the Czech Republic if it has become legally valid according to the confirmation of the competent foreign authority and has been recognised by Czech authorities. When we say that a foreign decision is effective in the Czech Republic, we mean that it has the same legal effects as a final Czech decision in the same case. As for the decision coming into force according to the confirmation of the competent foreign authority, it is necessary to consult foreign procedural rules.

The Act on Private International Law stipulates certain obstacles that prevent the recognition (or even enforcement) of foreign decisions. Therefore, a foreign decision cannot be recognised if:

• Recognition is prevented by the exclusive jurisdiction of Czech authorities or the proceedings could not have been undertaken by an authority in a foreign state
• Proceedings are underway before a Czech court with regard to the same matter and said proceedings commenced earlier
• A Czech court has already issued a final decision on the same matter or a final decision of a third-state authority has already been recognised in the Czech Republic
• A participant in the proceedings, with regard to whom the decision is to be recognised, has been deprived of the ability to duly participate in the proceedings by means of a procedure adopted by a foreign authority
• Such recognition would clearly contravene the Czech public policy
• Reciprocity has not been guaranteed (but it is not required if the foreign decision is not aimed at a citizen of the Czech Republic or a Czech legal entity)

If the above conditions are met, the foreign decision must be recognised (or enforced). The thing is that the decision on the recognition is limited to determining whether the conditions laid down by law are met. In other words, the decision cannot be reviewed on the merits (for example, whether it complies with the law of the foreign state).

Foreign decisions in property matters

General

The recognition of a foreign decision in property matters is not announced by means of a special statement. A foreign decision is recognised by the Czech public authority taking it into account as if it was a decision of a Czech authority. In this case, the proceedings for recognition of a foreign decision are not initiated by a separate motion, therefore, there is no special jurisdiction to hear it. The decision is simply judged by the Czech court acting in the case to which the foreign decision has some relation. The court will then deal with the issue of recognising the foreign decision in the grounds of its judgement on the merits.

Recognition of decisions in relation to the EU Member States

For the EU Member States, the Brussels I bis Regulation applies, which stipulates that, as a principle, decisions given in a Member State should be recognised in all Member States without the need for any special procedure. However, if it is disputed whether the decision should be recognised, each party may apply for a declaration that the decision should be recognised. But even in this case, there are grounds for refusing recognition (or enforcement) of the decision. A foreign decision may never be reviewed on the merits. Other regulations include the Regulation on the European Enforcement Order, the European Payment Order Regulation or the Regulation establishing a European Small Claims Procedure.

Foreign decisions in other than property matters

General

Final foreign decisions in matrimonial matters and matters of the establishment or contesting of a parent-child relationship, if at least one of the parties to the proceedings that led to the foreign decision is a citizen of the Czech Republic, are recognised in the Czech Republic by a special decision, namely a judgement of the Supreme Court of the Czech Republic. It is then for the Supreme Court to review whether the above conditions for recognition are met and whether recognition is not prevented by the above obstacles. However, a decision can be recognised only if the facts of the case have been established in a manner that complies with the relevant provisions of Czech law. The court decides on the recognition by judgment. If the Supreme Court satisfies the motion, it decides, for example, that the foreign court’s decision on the dissolution of marriage is recognised in the Czech Republic.

In a situation where the party to the proceedings is not a citizen of the Czech Republic or where the decision concerns other non-property matters (e.g. custody of minors), a different regime is applied. In the first case, we proceed in a similar way as in the case of recognising foreign decisions in property matters (the Czech authority will take the decision into account as if it was its own decision). In the second case, the individual provisions of the Act on Private International Law (e.g. on the restrictions to the foreigner’s legal capacity, on the declaration of the foreigner as dead, etc.) must be applied. These decisions are generally recognised automatically.

Recognition in relation to the EU Member States

In relations between the EU Member States, the Brussels II bis Regulation applies, which regulates the recognition of decisions in matrimonial matters and the matters of parental responsibility. As a general rule, a judgment given in a Member State is recognised in the other Member States without any special procedure being required. Either party may again apply for a decision that the judgment should or should not be recognised. The Brussels II bis Regulation also provides grounds for non-recognition of a judgement in matrimonial matters (such recognition is manifestly contrary to the public policy) or in the matters of parental responsibility (e.g. the child has not been given the opportunity to be heard).

Conclusion

The issue of recognising foreign decisions is a rather complex matter for legal laymen, especially with regard to the number of regulations governing it and the different procedures used in the recognition of individual decisions.

In practice, they often learn that in order to assert their rights under a foreign decision in the Czech Republic or under a domestic decision abroad, it will be necessary to proceed to its enforcement. For example, if a Czech creditor has an enforceable decision of a Czech court against a Slovak debtor who lives and has all his assets in Slovakia, it will be necessary to ensure the enforcement (i.e. execution) of this decision through Slovak authorities (executors). Enforcement of foreign decisions in the Czech Republic and, conversely, domestic decisions abroad, as well as the preceding procedure, is a separate reality that needs to be dealt with according to the relevant legal rules; the situation in the European Union regarding the enforcement of decisions in individual Member States is easier thanks to its legislation. 

In any case, it might be worthwhile to consult professionals, who have not only theoretical knowledge but also practical experience on how to proceed in different situations. We will be happy to provide you with the necessary legal assistance in this regard.

What situations do we typically handle for our clients in the context of recognising decisions in the Czech Republic?

• Recognition of decisions issued by the authorities of another state
• Grounds for non-recognition of foreign decisions
• Foreign decisions in property matters
• International cooperation of courts
• Orientation in private international law
• Identification of laws falling exclusively within the jurisdiction of Czech courts
• Recognition of a foreign court’s decision on the dissolution of marriage
• Recognition and enforcement of foreign court judicial decisions from a non-EU country
• Who pays the costs of a foreign court decision