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Remedy

Damages

The award of monetary compensation presupposes that there are two conditions fulfilled. Firstly that pecuniary compensation is provided in cases where immaterial (moral) compensation was not sufficient, and secondly that the person’s dignity or honour in society has been considerably reduced.

The judges usually award both moral satisfaction combined with monetary compensation. It is the court’s discretion to decide whether there is a lack of moral satisfaction. A condition for granting reasonable compensation in money is that the dignity was already seriously diminished, so that treat of the serious injury to privacy is not sufficient. The law does not permit the reasonable satisfaction of the money granted to a third party who is not party to the dispute. The court is bound by the proposed amount of damages in the claim and therefore cannot exceed the claimed amount.

The law does not specify any minimum or maximum amount of compensation in money. The court must consider the notion of adequacy. When deciding, the court is required to consider all the circumstances in which the breach of privacy occurred on both sides of the parties. It could be argued that under the meaning “all circumstances of the case” the subjective circumstances of the wrongdoer’s intentions could be taken into account. This concept however presumes punitive damages which are strictly refused in the Czech civil proceedings. Since 1998, when the Civil Code was amended to allow awarding of pecuniary satisfaction, there has been ongoing debate and attempts to persuade judges to establish aggravated damages.

Preliminary interdict

Relief of a nature similar to injunction is provided for in the Civil Procedure Code.[1] Article 74 of the Code states:

(1) Before commencement of proceedings, the judge may issue interlocutory injunction, if it is necessary to regulate the parties’ relationships in the interim, or if there is concern that the execution of a court decision might be in jeopardy.

(2) The parties to the proceedings are the same persons who would have that status if the case proper was considered.

Article 75 continues that the court shall issue an interlocutory injunction on the basis of the motion.

In order to ensure compensation for damage or other harm that would result from the preliminary injunction, the applicant must give in security the amount of 10,000 CZ (£300). If the presiding judge concludes that the security is clearly insufficient to provide compensation for damage or other harm that would result from the preliminary injunction, an order of the supplement is issued.

Interim measures may be imposed on the party, particularly in order to desist from disposing of certain things or rights or to perform something, desist from doing something or tolerate something.[2]

Interim measures may impose an obligation on someone other than the party only if it is possible to apply it fairly. It binds only the parties of the proceeding, unless the law states otherwise. An interim injunction becomes void if the plaintiff does not file a motion to initiate proceedings within the time limit fixed by the court or the motion regarding the case proper is dismissed.[3]

In respect of costs, the application for preliminary injunction costs 3,000 CZK (£100) plus the security described above.[4]


[1] Act No. 99/1963 Coll., Code of civil procedure in translation of Civil Procedure Code with Commentaries, OSR, Trade Links Prague, 1999.

[2] From Roman law dare, facere, ommittere, patti.

[3] Act No. 99/1963 Coll., Code of civil procedure, Art. 76.

[4] According to the tariff issued for the civil proceedings.

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