How Greek Companies Can Litigate in the Czech Republic:

If your Greek company is facing a commercial dispute in the Czech Republic, you need specific answers on how to protect your interests. This guide provides clear advice on jurisdiction, court procedure, and enforcing judgments. As a leading Czech law firm in Prague, EU, our English-speaking lawyers are here to navigate this process for you.

Need advice on this topic? Contact the ARROWS law firm by email office@arws.cz or phone +420 245 007 740. Your question will be answered by "Mgr. Vojtěch Sucharda", an expert on the subject.

Your business dispute: Navigating the Czech legal system

When a Czech business partner breaches a contract or a commercial dispute arises, foreign executives face a significant challenge. The problem is not just the dispute itself; it is the anxiety of facing an unfamiliar legal system in a different language.

ARROWS is uniquely positioned to be your partner. We work with multinational corporations, foreign investors, family businesses, and SMEs expanding in the European Union. Our lawyers do not just translate language; we translate legal culture. We understand the commercial mindset of our Greek clients and know how to frame your objectives effectively for a Czech court.

First, where will your case be heard? (Jurisdiction in the EU)

For two EU member states like Greece and the Czech Republic, the primary rulebook is Regulation (EU) No 1215/2012, commonly known as the "Brussels I-bis Regulation". This regulation ensures a unified and predictable system for cross-border litigation.

The general rule is simple: you must sue a company in the EU country where it is "domiciled," which means its registered office. If your dispute is with a Czech company, the primary venue will be the Czech courts.

However, the Regulation provides crucial exceptions, known as "special jurisdiction," which are vital for commercial claims:

• Breach of Contract: A case can be heard in the courts for the "place of performance" of the obligation. If your Czech partner was required to deliver goods or make a payment to you in Prague, the Czech courts have jurisdiction.
• Non-Contractual Matters (Torts): A case can be heard in the "place where the harmful event took place". If your company’s reputation was damaged by an act of unfair competition in the Czech market, you can file your claim here.

The first step is a strategic analysis. ARROWS provides a legal opinion to determine the best and most cost-effective jurisdiction for your case. Need to know your options? Contact us at office@arws.cz.

FAQ – Legal tips about EU Jurisdiction

1. What if our contract specifies a Greek court?

This is a "choice of jurisdiction" agreement. Under the Brussels I-bis Regulation, these clauses are generally respected by EU courts. However, we must review the contract's specific wording to ensure it is valid and applies to your specific dispute. Get your contract reviewed by emailing us at office@arws.cz.

2. Does this regulation apply to all commercial disputes?

Brussels I-bis covers most "civil and commercial matters". However, it excludes certain areas like arbitration, bankruptcy, and social security, which have their own specific rules. We can confirm which rules apply to your case. Find out by contacting office@arws.cz.

What are the key differences from Greek litigation?

Understanding the unique features of the Czech legal system is not just academic; it is essential to prevent critical, and often costly, mistakes. Foreign companies that assume the process is "the same as back home" face significant risks.

The "Civil law" system: No US/UK-Style "discovery"

The Czech Republic is a "Civil Law" jurisdiction. This means there is no broad, pre-trial "discovery" or "disclosure" phase common in Common Law systems.

This is a critical trap. A company cannot file a general claim and then hope to use the court process to "discover" evidence, emails, and documents from the other side.

In the Czech system, the burden of proof is on the plaintiff (the one suing) from the very beginning. The Czech Code of Civil Procedure requires you to state all decisive facts and submit or identify all supporting evidence in your initial lawsuit, known as the žaloba. You must build your complete case before you file, not during.

ARROWS’ legal consultations focus on building this "front-loaded" evidentiary strategy before filing the žaloba, ensuring your case is robust from day one.

The 'Datová schránka' (Data Box): A critical digital mailbox

This is the single greatest procedural risk for a foreign company operating in the Czech Republic.

The Datová Schránka (Data Box) is not a simple email inbox. It is a mandatory, secure, state-run digital mailbox for all legal entities registered in the Czech Republic, including foreign-owned ones.

All official documents from Czech courts and public authorities—including lawsuits, court summons, and fines—are sent only to this Data Box. The system operates on a 10-day "deemed delivery" rule.

If a lawsuit is delivered to your company's Data Box, it is considered legally served after 10 days, even if you never open it. The court will then proceed, and you could lose the entire case by a default judgment without ever knowing you were being sued.

As part of our representation before public authorities, ARROWS manages and monitors our clients' Data Boxes. This is an essential service to ensure no deadline is ever missed. For help securing your Data Box, email us at office@arws.cz.

Critical procedural risks for foreign companies

Risks and penalties	How ARROWS helps
Default Judgment via Data Box: Missing a court summons delivered to your Datová schránka. This results in an automatic loss and a final, enforceable judgment against you.	Representation & Data Box Management: We are appointed to receive and act on all court communications. For immediate assistance, write to us at office@arws.cz.
Case Dismissal (Evidence): Filing a claim without sufficient "front-loaded" evidence, expecting a "discovery" phase. The court rejects your claim for failing to meet the burden of proof.	Strategic Legal Consultations: We build your complete evidentiary case before filing the žaloba. Need legal help? Contact us at office@arws.cz.
Evidence Rejection (Translation): Submitting key contracts or evidence in English or Greek. The Czech court will ignore all non-translated documents, fatally weakening your case.	Drafting Legally Required Documentation: We manage all certified translations  to ensure 100% compliance. Get tailored legal solutions by writing to office@arws.cz.

What does the Czech commercial lawsuit process look like?

Understanding the stages of litigation can help you manage your expectations regarding timeline and cost.

A. Filing the Lawsuit (Žaloba)

The process officially begins when the plaintiff files a formal lawsuit, or žaloba, with the competent court. As noted, this document must be procedurally flawless and include all key facts, legal arguments, and supporting evidence from the start.

B. Which Court? District vs. Regional

The Czech Republic has a two-tier "first instance" system for commercial cases.

• District Courts (okresní soudy): These courts handle most general civil and commercial matters.
• Regional Courts (krajské soudy): These higher courts handle more complex or specialized commercial cases at the first instance. This includes disputes concerning intellectual property, unfair competition, and most corporate law matters (like disputes between a company and its executives).

Part of our initial legal analysis is ensuring the žaloba is filed at the correct court. Filing in the wrong venue is a common error that can cause months of delays.

C. How much will it cost?

There are two main types of costs to consider:

1. Court Fees: These are fixed by law. For monetary claims, the court fee is typically 5% of the amount in dispute (for claims up to CZK 40 million). This fee must be paid by the plaintiff upon filing.

2. Attorneys' Fees & The "Loser Pays" Rule: The Czech Republic follows a "loser pays" principle. However, the amount the losing party must reimburse is not based on your actual hourly attorney bill. It is calculated based on a fixed "lawyer's tariff" (a decree from the Ministry of Justice). This reimbursed amount may be less than your actual legal costs.

ARROWS provides clear, transparent fee agreements and offers legal consultations to realistically estimate both the potential costs and the potential for recovery before you commit.

D. How long will it take?

While some complex court proceedings in the Czech Republic have a reputation for being long, a routine commercial case at the first instance can often be resolved "within a year, often even faster".

Our firm is known for "speed and high quality". As an international law firm operating from Prague, European Union, we are structured to resolve disputes efficiently, whether through litigation or strategic international arbitration.

Contact our experts:

You won in a Greek court. How do you enforce the judgment in Prague?

This is a common scenario where our international clients need help. You have already won your case in Athens or Thessaloniki and now need to collect from the debtor’s assets in the Czech Republic.

The process is much simpler than many believe. Thanks to the Brussels I-bis Regulation, the old, slow process of having a foreign judgment "recognized" (exequatur) has been abolished between EU members.

A final, enforceable judgment from a Greek court is directly enforceable in the Czech Republic as if it were a domestic Czech judgment.

The "Golden Ticket": The annex I certificate

The practical steps are straightforward:

1. Your Greek lawyer must ask the Greek court that issued the judgment to also issue a standard form called the "Annex I certificate".

2. This certificate, along with a copy of the judgment itself, is the "golden ticket" for enforcement.

A key practical trap, however, is translation. While EU regulations suggest only the certificate may need translation, Czech enforcement practice is stricter. Local courts and bailiffs routinely demand a certified translation (soudní překlad) of the entire foreign judgment into Czech.

While some may argue this point with the court, this only causes delays and gives the debtor time to move assets. Our pragmatic approach is to prepare the drafting of all legally required documentation, including the certified translation, in advance to ensure enforcement is immediate.

We then provide full representation before public authorities by filing your documents with the competent Czech court bailiff (soudní exekutor) to begin seizing assets.

Failures in enforcing foreign judgments

Risks and penalties	How ARROWS helps
Enforcement Rejection: Filing with incorrect paperwork (e.g., missing the Annex I Certificate or a certified translation). The filing is rejected, giving the debtor time to hide assets.	Representation before Authorities: We handle the complete, error-free enforcement filing. For immediate assistance, write to office@arws.cz.
Debtor Challenges: The Czech debtor files a last-minute motion (e.g., claiming the judgment violates "public policy") to stop the enforcement, freezing your collection.	Representation in Court: As a leading Czech law firm in Prague, EU, we robustly defend your judgment against any challenges in Czech court. Need legal help? Contact us at office@arws.cz.
Asset Tracing Failure: You have the judgment, but you cannot find the debtor's assets, or they are spread across multiple EU countries.	Legal Analysis & ARROWS International: We use our 10-year ARROWS International network to coordinate complex, cross-border asset tracing. Email us at office@arws.cz.

FAQ – Legal tips about uncontested debts

1. The debtor isn't fighting me. Is there a faster way?

Yes. For uncontested claims (like an unpaid invoice the debtor has not disputed), you can use the European Enforcement Order (EEO). This process (under Regulation 805/2004) creates a certificate that makes your claim instantly enforceable across the EU without any intermediary court process. It is much faster than a full lawsuit. Get tailored legal solutions by writing to office@arws.cz.

2. How long does the EEO process take?

It is generally quick, but Czech courts can take up to 4 months to issue the order. Having a local lawyer file the application correctly is the key to accelerating this timeline. Our lawyers are ready to assist you – email us at office@arws.cz.

3. What about the European Small Claims Procedure?

For cross-border claims under €5,000, the European Small Claims Procedure is an option. While it is designed to be used without a lawyer, local procedural knowledge is always an advantage, especially when it comes to enforcement. Do not hesitate to contact our firm – office@arws.cz.

How ARROWS becomes your essential partner in the Czech Republic

While EU regulations provide a common framework, success in the Czech courts depends on expert local execution.

As a law firm based in Prague, European Union, we provide the deep local knowledge you need to win. Through our ARROWS International network, built over 10 years and operating in 90 countries, we manage complex cross-border matters seamlessly.

Our firm is built for "speed and high quality". Our experts support over 150 joint-stock companies and 250 limited liability companies, and we are ready to protect your interests at every stage.

Our services for your Greek company include:

• Legal consultations to assess your case and develop a litigation strategy.
• Contract drafting or review to prevent future disputes.
• Full representation in court and before all Czech public authorities.
• Drafting all legally required documentation, from the initial žaloba to the final enforcement application.
• Professional training for your employees on Czech compliance to prevent future fines or legal risks.

Do not navigate the Czech legal system alone. Protect your investment and ensure your rights are enforced.Our lawyers are ready to assist you – email us at office@arws.cz.

FAQ – Most common legal questions about Czech litigation

1. Do I absolutely need a Czech lawyer to litigate?

While not legally mandatory for all first-instance cases, it is extremely unwise for a foreign company to try. Due to the language barrier, the complex Civil Law procedure, and the critical risk of the Datová schránka, you need a licensed local lawyer. Representation is mandatory for certain appeals, such as to the Supreme Administrative Court. For immediate assistance, write to us at office@arws.cz.

2. Can my Greek lawyer represent me in a Czech court?

No. While your Greek lawyer's strategic advice is valuable, only a lawyer registered with the Czech Bar Association can represent you in Czech court proceedings. We regularly partner with our clients' "home" in-house counsel to provide a seamless, coordinated strategy. Get tailored legal solutions by writing to office@arws.cz.

3. What is the very first step to start a lawsuit?

The first step is a legal consultation with our team to analyze your evidence, confirm jurisdiction, and develop a strategy. If the case is strong, the next step is drafting the formal lawsuit (žaloba) and filing it with the court, along with paying the court fee. Our lawyers are ready to assist you – email us at office@arws.cz.

4. How are legal fees really calculated in the Czech Republic?

Lawyers typically charge an hourly rate (which can range from CZK 1,500–5,000 or more) or a flat fee. As explained, if you win, the "loser pays" principle applies, but the reimbursement is often based on a lower, fixed "lawyer's tariff". We provide 100% transparent fee agreements. Do not hesitate to contact our firm – office@arws.cz.

5. What is the statute of limitations for a commercial claim?

The general statute of limitations for a commercial contract claim in the Czech Republic is three years. This period typically starts from the date the right could be asserted for the first time. It is crucial to act before this deadline, or your claim will be time-barred. To check if your claim is still valid, contact us at office@arws.cz.

6. What is the single biggest mistake a foreign company can make?

Ignoring your Datová Schránka (Data Box). The 10-day "deemed delivery" rule means you can lose a multi-million-euro lawsuit by default, simply because you were not monitoring your mandatory digital mailbox. We can manage this risk for you. Need legal help? Contact us at office@arws.cz.

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