Stopping the Enforcement Proceedings and Enforcement Proceedings Costs

If the obliged party is not in possession of any assets, enforcement proceedings costs shall be reimbursed by the entitled party pursuant to Sec. 89 of Act No. 120/2011 Coll., Enforcement Procedure Code. The lump sum amount of the enforcement proceedings costs amounts to 3.500,- CZK.

Czech courts have repeatedly dealt with a question whether the enforcement proceedings costs shall be reimbursed by the entitled party indeed.

According to the Constitutional Court of the Czech Republic, the distrainor carries a risk that the enforcement will not be successful; the risk should not be transferred onto the entitled party for no reason. If the entitled party did not cause stopping the enforcement, it should therefore not bear enforcement proceedings costs; these costs shall be borne by the obliged party.