Court fee should always be considered as expedient cost of the proceedings

02.12.2014

Pursuant to the provision of Section 142 of the Civil Procedure Code (Act No. 99/1963 Coll.), the court shall provide the participant achieving complete success in the matter with the reimbursement of costs necessary for the efficient exercising of a right against a participant unsuccessful in the matter. The costs of proceedings include also the court fee.  

The Constitutional Court of the Czech Republic dealt in its decision as of 26.08.2014, Reference Number II. ÚS 405/14, with a question, if the cost proceedings were efficiently expended, if the successful participant (plaintiff) had appointed an attorney to be his representative, although, given the number of receivables collected by the plaintiff, these should be collected within its legal department.

The Constitutional Court stated that the duty to pay the court fee is statutory and the court fee should always be considered as an expedient cost of the proceedings.