Decision of the Supreme Court No I CSK 538/08 of 24 June 2009
Rationes Decidendi:
Under Article 1215 § 1 k.p.c. [POL], the court “deciding after a hearing [of a case]”, as well as in the preceding Article 1214 § 1 k.p.c. [POL], is only the court of first instance.
Article 1151 § 2 k.p.c. [POL] clearly provides that the enforceability of a foreign court’s decision is “decided by a court after a hearing”, without clarifying what stage of court proceedings this imperative of the provision concerns. Regardless of the wording of this provision, neither doctrine nor case law indicates that the court of second instance is obliged to order a hearing after the consideration of a case. On the contrary, it is generally accepted that an appeal, in accordance with Article 397 § 1 k.p.c. [POL], in conjunction with Article 13 § 2 k.p.c. [POL], should be heard in a closed session of the court. [...] There is no reason for the wording of Article 1215 § 1 k.p.c. [POL] to be interpreted otherwise.
court of first instance
court of second instance
enforceability
appeal
doctrine
case law
closed session of the court
LCIA
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
Mgr. Tomáš Řezníček (*1978) works as a legal trainee in the Law Offi ces of Bělohlávek, Prague, Czech Republic. Graduated from the Law Faculty of Charles University in Prague in 2007, also absolved foreign studies at the Law Faculty of Jagiellonian University in Krakow. Coauthor of various articles with prof. A. Bělohlávek published in professional periodicals in the Czech Republic. Field of interest: Commercial Law, Private International Law, Pharmaceutical Law.
e-mail: tomas.reznicek@ablegal.cz
