How can a Moroccan company litigate in the Czech Republic

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
16.3.2026 | ARROWS law firm

If your Moroccan business has a dispute with a Czech partner or customer, you need to understand exactly how to pursue a claim in Czech courts. This article provides the practical answers that Moroccan entrepreneurs, company owners, and executives need to make informed decisions about cross-border commercial litigation in the European Union.

Photo shows a lawyer consulting about cross-border commercial litigation.

When Moroccan companies first consider litigation in the Czech Republic, they often assume that European legal procedures are similar across borders. This assumption creates significant risks. Czech law operates on fundamentally different principles than Moroccan law, and the procedural requirements are strict and frequently misunderstood by foreign business owners.

The Czech legal system is based on civil law traditions, meaning it emphasizes written procedures and documentary evidence rather than oral arguments.It places the burden of proof and the burden of assertion entirely on the parties themselves, not on the judge (zásada projednací).

The Czech Republic is a member of the European Union, which means that EU regulations govern jurisdiction and enforcement of judgments. Even though Morocco is not part of the European Union, the legal framework governing disputes where the defendant is a Czech entity is primarily influenced by EU regulations.

This legal complexity means that many procedural steps that seem straightforward actually contain hidden exceptions, technical requirements, and procedural dependencies. ARROWS Law Firm regularly handles disputes involving Moroccan companies, and our lawyers understand the specific challenges that arise when Moroccan businesses attempt to navigate the Czech court system.

Understanding these differences before you file a claim is not optional—it is essential to protecting your legal rights. The consequences of procedural errors or misjudgments can be severe. A judgment that cannot be enforced is worthless, and costs that you cannot recover can transform a legal victory into a financial loss.

Key jurisdictional rules: Where and how to sue

The first critical decision is determining which Czech court has authority to hear your case. This step involves analyzing EU regulations and Czech procedural law. Under the Brussels I Recast Regulation, the general rule is favorable for suing in the Czech Republic: persons domiciled in a Member State shall be sued in the courts of that Member State.

Therefore, if you are suing a company with its registered seat in the Czech Republic, Czech courts generally have international jurisdiction. Once international jurisdiction is established, you must determine the local territorial jurisdiction (místní příslušnost).

Under the Czech Code of Civil Procedure (občanský soudní řád), you must generally sue in the court for the district where the defendant has their registered office. If your Czech defendant is registered in Prague 1, for example, then the District Court for Prague 1 would normally have jurisdiction.

This basic rule is straightforward, but in practice, complications arise frequently. If you sue a subsidiary when you should have sued the parent company, your judgment may prove unenforceable against the party that actually holds the assets.

Exceptions exist for special territorial jurisdiction. In some circumstances, you may choose to sue in the court where the place of payment was agreed or where the damage occurred. These exceptions are valuable strategic tools, but they require careful analysis to ensure they actually apply to your specific situation.

A critical practical issue for Moroccan companies is whether you have a contractual choice-of-court clause (prorogační doložka) in your agreement with your Czech partner. ARROWS Law Firm will help you analyze your contract's jurisdictional provisions and identify whether Czech courts actually have authority over your dispute.

Key strategic considerations for Moroccan companies

Before filing any lawsuit in the Czech Republic, statutory law requires that you send a formal pre-litigation demand letter, called the předžalobní výzva. This is not a casual courtesy—it is a legally required step in Czech procedure. While failure to send it does not prevent you from suing, it carries severe financial consequences.

If you win your lawsuit on the merits but never sent the demand letter, the court will generally refuse to award you reimbursement of your legal costs and court fees. For international commercial disputes, this cost consequence is particularly significant because legal fees and court costs can represent a substantial portion of your total litigation expense.

The demand letter must be formal and legally compliant. It must clearly identify your claim, specify the exact amount owed (if monetary), set a concrete deadline for payment, and explicitly warn that you intend to pursue legal action if payment is not received.

You must send the letter via registered mail or through the Czech data box system (datová schránka), with proof of delivery preserved. The letter should be sent at least seven days before you file your lawsuit.

1. If my Czech customer is domiciled in Prague, must I file my lawsuit in Prague?
Yes, under the basic jurisdictional rule, the defendant's registered office determines the competent court. However, exceptions may apply if your contract includes valid alternative jurisdiction provisions or if special territorial jurisdiction exists. ARROWS Law Firm will analyze your specific contract and circumstances to identify the optimal forum for your claim. Contact us at office@arws.cz for guidance.

2. Can I sue a Czech company in Moroccan courts instead of Czech courts?
You can only do so if the Czech courts lack exclusive jurisdiction and if Moroccan law allows it. However, enforcing a Moroccan judgment in the Czech Republic requires a separate recognition procedure, which is more complex than suing directly in Czech courts. Strategic jurisdiction decisions are critical—write to office@arws.cz to discuss your options.

3. What happens if I file my claim in the wrong Czech court?
If the court lacks jurisdiction, it may transfer the case to the correct court, but this process causes months of delay. If international jurisdiction is missing entirely, the court will dismiss your case. This error is avoidable through proper legal analysis before filing. Get tailored legal solutions by writing to office@arws.cz.

Moroccan-Czech bilateral framework and the role of investment treaties

The legal relationship between Morocco and the Czech Republic is governed by general international law and specific bilateral agreements. A bilateral investment treaty (BIT) between the Czech Republic and Morocco establishes rules for the protection and promotion of investments.

For ordinary commercial disputes between private companies—such as breach of contract claims or payment disputes—the BIT does not apply. Instead, your case will be governed by Czech contract law and Czech civil procedure.

Understanding this distinction is important because many foreign investors mistakenly believe that investment treaties provide protection for ordinary commercial disputes. They do not.

Both Morocco and the Czech Republic are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This ensures that arbitral awards issued in one country are enforceable in the other.

The payment order procedure: A fast-track alternative for undisputed claims

If your claim involves a straightforward debt—a Moroccan company's unpaid invoice to a Czech customer, for example—and the Czech defendant has no legitimate legal defense, you may be able to pursue an accelerated "payment order" procedure. This fast-track mechanism can result in an enforceable judgment within weeks.

There are two main types of payment orders in the Czech Republic:

  • Electronic Payment Order (EPR, or elektronický platební rozkaz): This can be used for claims up to CZK 1,000,000.
  • Standard Payment Order (platební rozkaz): Used for claims exceeding CZK 1,000,000 or where electronic forms are not used.

The process works as follows: You file a formal application to the competent district court with supporting documentary evidence. If the judge is convinced that your claim is justified based on the evidence provided, the court issues a binding payment order without holding a hearing.

Once served, the debtor has fifteen days from the date of service to either pay the full amount (including court costs) or file a formal objection (odpor). This fifteen-day objection period is critical. If the debtor does nothing, the payment order automatically becomes a final, enforceable judgment  pravomocné rozhodnutí).

If the debtor files an objection, the payment order is cancelled in full, and the case converts to ordinary litigation governed by standard civil procedure. For an Electronic Payment Order (EPR) to be valid, it must be served into the debtor's own hands.

microFAQ – Legal tips on the Czech payment order procedure for cross-border claims

1. How quickly can I obtain a payment order if my Czech debtor owes me a clear invoice?
For undisputed claims, a payment order can typically be issued within weeks from filing. This is significantly faster than standard litigation. However, success depends on whether the debtor fails to file an objection within the fifteen-day deadline. For claims of this nature, contact office@arws.cz to discuss your options.

2. What happens if my Czech debtor files an objection to the payment order?
The payment order is cancelled, and the case becomes ordinary litigation. You then proceed to a standard court hearing. The objection needs to be filed on time. If you need strategic advice on handling a debtor's objection, write to office@arws.cz.

3. Can I use the payment order procedure if my contract with my Czech partner includes a quality dispute?
Generally, no. If there is a legitimate disagreement about quality or performance, the debtor will likely file an objection. The payment order procedure is designed only for genuinely undisputed claims. ARROWS Law Firm can help you assess whether your specific claim qualifies for this accelerated procedure. Get in touch at office@arws.cz.

Full civil litigation: Procedures, timelines, and what to expect

Once you have determined that Czech courts have jurisdiction, identified the correct court, and sent your pre-litigation demand letter, you are ready to file your žaloba (statement of claim). Czech law permits filing both electronically and in paper form.

An essential point is that all court proceedings must be conducted exclusively in Czech. All court documents, evidence, correspondence, and arguments must be in Czech.

If you submit documents in Arabic, French, or English, the Czech judge cannot consider them as evidence unless they are accompanied by a certified translation. This means that invoices, contracts, and correspondence must be translated by an officially certified translator (soudní překladatel).

For a complex commercial dispute, translation costs can be significant. ARROWS Law Firm coordinates these translations to ensure they comply with the Act on Court Interpreters and Court Translators.

Your statement of claim must meet specific formal requirements defined in the Czech Code of Civil Procedure. It must specify the exact amount claiming, identify the defendant precisely, and clearly state the relevant facts and evidence.

Czech civil procedure is won or lost on the burden of proof. Unlike in some common law jurisdictions, there is no broad "discovery" process where you can fish for evidence from the other side.

Timelines, hearings, and procedural progress

After filing and paying the court fee, the court serves the claim on the defendant. The defendant typically has a period (often 30 days) to file a defense (vyjádření k žalobě). Unless the case is very simple, the court will schedule an oral hearing (jednání).

The entire first-instance process typically takes between 6 and 18 months, depending heavily on the specific court's workload and the case's complexity. Prague courts, for example, are often busier than regional courts.

During hearings, the judge leads the proceedings. If technical issues are involved (e.g., construction defects, machinery quality), the court may appoint an independent expert (soudní znalec). The expert's opinion is often decisive evidence.

If you win your case on the merits and you complied with procedural requirements, the court will order the defendant to pay your legal costs and court fees. However, the amount you recover for legal costs is calculated based on a statutory tariff, not necessarily your actual legal spend.

1. How long does first-instance civil litigation typically take in the Czech Republic?
Standard civil litigation typically takes 6 to 18 months from filing to first-instance judgment. Simple payment disputes may be faster; complex commercial disputes involving experts can take longer. To understand the realistic timeline for your specific dispute, contact ARROWS Law Firm at office@arws.cz.

2. Will I have to appear in person at hearings in the Czech Republic?
Generally, no. You can be represented by a Czech lawyer throughout the proceedings. While personal testimony is sometimes requested, in commercial matters, it is often sufficient for the legal representative to act. ARROWS Law Firm will represent you. Write to office@arws.cz for representation.

3. Can I appeal a decision if I disagree with the first-instance judgment?
Yes, both parties have the right to appeal ( odvolání ) within fifteen days of delivery of the written judgment. The appeal is heard by a regional or high court. Appellate proceedings focus on legal errors or procedural faults; introducing new facts or evidence is strictly limited.

Language and translation requirements: A hidden cost and complexity

The requirement for the Czech language is strict. If you submit a contract in Arabic or French to a Czech court, the judge will require an officially certified Czech translation. The cost of professional Czech certified translations ( soudní překlad ) is regulated but market rates apply for the translation service itself.

A certified translator typically charges per "standard page" (normostrana), and costs can accumulate quickly. If your dispute involves voluminous documentation, strategic decisions must be made about which documents are essential to translate and submit as evidence.

ARROWS Law Firm manages this process, ensuring that translations are accurate and legally valid. We also ensure that the costs for these translations are included in your claim for cost reimbursement, although full recovery depends on the court's decision regarding the necessity of the costs.

Court costs, attorney fees, and the "loser pays" principle

Czech courts operate under a "loser pays" principle. The successful party is entitled to reimbursement of costs from the losing party. Costs include court fees, legal representation calculated according to the Advocates' Tariff, and translation or expert fees.

Warning: If you do not send the pre-litigation demand letter (předžalobní výzva) at least 7 days before filing, the court may deny your right to cost reimbursement even if you win the case.

Calculating total litigation costs

When estimating costs, Moroccan companies should plan for court fees (approx. 5% of the claim), attorney fees, and translation or expert costs. These can range from hundreds to thousands of Euros depending on complexity.

For a claim of EUR 50,000, the court fee would be approximately EUR 2,500.If you lose, you lose your court fee and must pay the other side's statutory legal costs.

Recognition and enforcement of Czech judgments

A major advantage of litigating in the Czech Republic is that a Czech judgment is automatically enforceable throughout the European Union under the Brussels I Recast Regulation. If your Czech opponent has assets in Germany, France, or Slovakia, you can enforce the Czech judgment there directly.

Enforcement mechanisms in Czech Republic

If the debtor has assets in the Czech Republic, you do not need a separate recognition procedure. You proceed directly to enforcement (exekuce). Enforcement is primarily conducted by private bailiffs (soudní exekutoři), not court employees.

You file a motion for enforcement with a private executor of your choice. The executor has broad powers to freeze and seize bank accounts, seize movable property, and garnish receivables.

The executor's costs are largely recovered from the debtor. If the debtor has no assets, the creditor may be responsible for some minimum costs of the executor, though this is contractually agreed.

Before suing, it is vital to check if the Czech company is solvent. ARROWS Law Firm performs solvency checks using the Insolvency Register and other public databases to ensure you are not throwing good money after bad.

1. If I obtain a judgment in a Czech court, can I automatically enforce it throughout the EU?
Yes, under the Brussels I Recast Regulation, Czech judgments are enforceable in other EU Member States without a special declaration of enforceability (exequatur). This is a powerful tool if the debtor has cross-border assets within the EU.

2. What methods are available for enforcing a Czech judgment against an unwilling debtor?
The most effective method is utilizing a private executor (soudní exekutor). They can block bank accounts immediately upon authorization.

3. What if my Czech debtor has no assets?
If the debtor is insolvent, they may enter insolvency proceedings. In that case, enforcement stops, and you must file your claim into the insolvency register. ARROWS Law Firm monitors these registers for our clients.

International arbitration as an alternative

For Moroccan companies, international arbitration can be a viable alternative to state courts. Advantages include enforceability under the New York Convention, the ability to use English or French, and the option to choose arbitrators with industry expertise.

Disadvantages include the cost, as you pay the arbitrators' fees, and the fact that awards are generally final with limited appeals.

The Czech Arbitration Court

The Arbitration Court attached to the Czech Chamber of Commerce is the permanent arbitral institution in Prague. It is reputable and often more cost-effective than London or Paris institutions. If your contract has an arbitration clause referring to this court, litigation in state courts is generally excluded.

Service of process and cross-border procedural requirements

Serving documents on a Moroccan entity involves the Hague Service Convention. The Czech Republic and Morocco are both parties. Service is typically effected through the designated Central Authority.

In the Czech Republic, this is the Ministry of Justice.You must use the Model Form annexed to the Convention. For Moroccan companies suing in the Czech Republic, you usually serve the Czech defendant at their registered seat in the CR, which is fast and simple.

Risks and Sanctions

How ARROWS Helps (office@arws.cz)

Incorrect jurisdiction selection: Filing in a court that lacks jurisdiction causes delays and potential dismissal.

Jurisdictional analysis: We identify the correct court based on EU Regulations and Czech law to prevent procedural dismissal.

Failure to send pre-litigation demand letter: You may lose the right to recover legal costs even if you win the case.

Pre-litigation demand letter: We draft and send the formal předžalobní výzva via registered mail/data box to secure your right to cost reimbursement.

Language and translation defects: Foreign language documents are inadmissible without certified translation.

Professional translation: We coordinate with certified translators (soudní překladatelé) to ensure evidence is admissible.

Procedural errors and missed deadlines: Missing the 15-day appeal deadline or objection deadline is fatal to the case.

Deadline management: We monitor all statutory deadlines and ensure timely filings via the secure data box system.

Ineffective enforcement: Winning a judgment against a shell company with no assets.

Asset tracing: We check the Insolvency Register and Central Register of Executions before you invest in litigation.

Executive summary for management

  • Jurisdiction: Suing a Czech company usually falls under Czech jurisdiction (Brussels I Recast).
  • Costs: Expect court fees of 5% of the claim, plus legal and translation fees.
  • Risk: "Loser pays" rule applies. If you lose, you pay the other side's statutory costs.
  • Formalities: A pre-litigation demand letter sent 7 days prior to filing is mandatory for cost recovery.
  • Enforcement: Czech judgments are enforceable EU-wide. Private executors in CZ are effective at seizing assets.
  • Recommendation: For undisputed debts, use the Payment Order procedure. For complex disputes, ensure you have local counsel.

Conclusion of the article

Moroccan companies considering litigation in the Czech Republic face a complex procedural landscape. The Czech legal system is formalistic, and the language barrier is absolute in court proceedings. However, the system is functional, and enforcement via private executors is effective.

The decision whether to pursue Czech court litigation or international arbitration should be made with a clear understanding of the costs and risks. ARROWS Law Firm, based in Prague, has extensive experience representing foreign clients and handles the procedural complexities—from the mandatory pre-litigation letter to the final enforcement.

We maintain insurance for professional liability and utilize a team of specialized attorneys to ensure your interests are protected under Czech law.

If you are facing a commercial dispute with a Czech partner, do not file claims blindly. Contact us to discuss your strategy by writing to office@arws.cz.

FAQ – Frequently asked legal questions about how a Moroccan company can litigate in the Czech Republic

1. If my Moroccan company has a dispute with a Czech customer over an unpaid invoice, can I sue in the Czech Republic?
Yes. If the defendant is domiciled in the Czech Republic, Czech courts generally have jurisdiction under the Brussels I Recast Regulation. ARROWS Law Firm can verify if any contract clauses modify this general rule.

2. How long will it take to obtain a judgment in a Czech court?
A standard Payment Order can be issued in weeks. If the defendant objects, or for regular litigation, first-instance proceedings typically take 6-18 months. Complex cases take longer.

3. What costs should I expect?
Court fees are approx. 5% of the claim. Legal fees follow the Advocates' Tariff for cost recovery purposes, though contractual fees may differ. Translation costs for evidence must also be budgeted.

4. Can I enforce a Czech judgment against my opponent if they have assets in Morocco?
This is complex. There is no automatic recognition treaty for court judgments between CZ and Morocco similar to the EU regime. You would need to apply for recognition in Moroccan courts under Moroccan law. If the assets are in the EU, enforcement is automatic.

5. Do I need to have a Czech office to litigate in Czech courts?
No. You do not need a physical presence. However, you should engage a Czech attorney ( advokát ) to represent you, handle the Czech-language proceedings, and receive service of documents via data box.

6. If I have an arbitration clause, can I still sue in court?
No. If there is a valid arbitration clause, the court will likely reject the claim if the defendant objects. You must proceed to arbitration as agreed.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

Read also