Partial suspension of execution even in the event of a final court decision

Very important judgment, file no. II. ÚS 4072/18 of 15 August 2019 was recently issued by the Constitutional Court, which dealt with a constitutional complaint in the matter of justification of the suspension of execution proceedings under Section 268 para. h) of the Civil Procedure Code. In this judgment, the Constitutional Court states in particular that it is the duty of the court in the case of excessive interest on the amount to be recovered, in fact, to suspend the execution proceedings even if the court has a final decision. Failure to take these criteria into account when deciding to stop or continue enforcement is a violation of the fundamental right to judicial protection under Article 36 (1) of the Charter of Fundamental Rights and Freedoms.

More info:

https://www.usoud.cz/fileadmin/user_upload/Tiskova_mluvci/Publikovane_nalezy/2019/II._US_3194_18_an.pdf



Back to news list

MENUX