How Turkish Companies Can Initiate Legal Proceedings in the Czech Republic: Key Steps Explained

Mgr. Vojtěch Sucharda
Mgr. Vojtěch Sucharda
13.3.2026 | ARROWS law firm

When a Turkish business faces a dispute with a Czech partner, knowing how to navigate the Czech legal system becomes critical. Turkish companies can bring litigation in Czech courts, but the process differs significantly from jurisdiction rules to enforcement mechanisms. This article provides practical answers to help Turkish business leaders understand the essential steps, timeframes, and risks involved in the Czech Republic's civil court system.

Photo shows an attorney explaining cross-border commercial litigation.

Understanding the jurisdiction framework for Turkish companies

A Turkish company seeking to litigate in the Czech Republic must first understand which court has the authority to hear the dispute. The rules governing jurisdiction depend on whether the other party is domiciled in the Czech Republic, whether there is a contractual choice of court clause, and which specific area of law applies to the dispute.

Under the Czech Act on Private International Law and the Code of Civil Procedure, courts in the Czech Republic generally have jurisdiction over a dispute when the defendant is domiciled in the country. If your Czech counterparty is registered in the Czech Republic or has its seat there, you have the right to sue in Czech courts. The practical advantage is that you do not need to establish a Czech business entity to litigate.

However, the Czech legal framework also recognizes special jurisdiction rules that allow disputes to be brought in courts other than the defendant's domicile. For contract-related disputes, you may be able to sue in the Czech court where the contractual obligation was performed or should have been performed. This rule gives Turkish companies additional strategic options when the defendant's main seat is in another Czech location.

ARROWS Law Firm, a leading Czech law firm based in Prague, regularly advises Turkish and international clients on jurisdiction questions before litigation begins. Identifying the correct court at the outset prevents costly procedural delays that can arise from filing in the wrong tribunal.

The critical role of contractual choice of court clauses

Turkish companies operating across borders should never overlook the power of a choice of court clause in their contracts. This provision allows parties to agree in advance which court will have exclusive jurisdiction over disputes. For Turkish businesses, a well-drafted choice of court clause can provide predictability and control.

If your contract with your Czech partner includes a provision stating that "disputes shall be resolved by the courts of the Czech Republic" or specifying a particular district court, that clause is binding and enforceable. The same applies if your contract selects Turkish courts; a Czech defendant cannot ignore such an agreement and unilaterally sue in the Czech system.

The technical requirement is that any choice of court clause must be in writing and must clearly specify which court or courts have jurisdiction. Vague language or oral agreements are not sufficient. Additionally, choice of court provisions cannot override exclusive jurisdiction rules that apply to certain matters, such as rights in rem to real property.

ARROWS Law Firm regularly negotiates and drafts international contracts with choice of court provisions for Turkish clients. This work prevents disputes before they arise and ensures that if litigation becomes necessary, it takes place in a forum your company has chosen and understands.

1. Can a Turkish company sue a Czech company in Turkish courts even if the contract doesn't mention jurisdiction?
In principle, yes, if Turkish law allows it. However, enforcing a Turkish judgment in the Czech Republic later will require a separate recognition and enforcement procedure (exequatur). A choice of court clause that designates Turkish courts makes this process smoother.

2. What happens if our contract has a choice of court clause favoring Turkish courts, but the Czech company files a claim in Czech courts first?
This is a common tactic called "forum shopping." Czech courts will examine whether the choice of court clause is valid and binding. If it is, the Czech court should decline jurisdiction. However, you must raise this objection of lack of jurisdiction in your first procedural act in the proceedings.

3. Does a choice of court clause for Czech courts protect our company if we are sued in Turkey later?
Not automatically. Your Czech choice of court clause is binding on the parties, but a Turkish court must independently decide whether to respect it under Turkish procedural law. For maximum protection, consider including parallel jurisdiction clauses or specify international arbitration instead.

Filing a claim in Czech courts

When a Turkish company decides to pursue a claim in the Czech Republic, the process begins with filing a formal statement of claim (called a "žaloba" in Czech) with the competent court. This document is not a narrative story of your dispute; it is a legally structured submission that must comply with Czech procedural rules.

The statement of claim must include specific mandatory elements: the full name, address, and identification numbers of both the claimant and the defendant. It must also contain the amount claimed, a detailed description of the factual allegations supporting your claim, and the evidence you intend to rely on.

ARROWS Law Firm advisors work with Turkish clients to structure claims strategically. The process of preparing a claim often takes weeks because the evidence must be organized logically and translated into Czech. If your statement of claim is poorly organized or fails to clearly connect your evidence to the facts you are alleging, the judge may call for amendments.

Filing also triggers a court fee obligation. For claims exceeding CZK 20,000, the fee is 5% of the amount claimed. For a claim worth CZK 1,000,000, you would pay a court fee of CZK 50,000 upfront. This fee is recoverable from the defendant if you fully win the case.

After filing, the court will serve the claim on the defendant; for a Czech defendant, service is typically performed electronically via a data box (datová schránka) and occurs within days. The defendant then has a statutory period to file a response.

1. Must all court documents and correspondence be translated into Czech?
Yes, the official language of the proceedings is Czech. All submissions must be in Czech. If you have original documents in Turkish, English, or another language, you must provide translations. Key evidentiary documents usually require certified translations prepared by a certified translator.

2. Can my company file a claim without establishing a Czech subsidiary or branch?
Yes. Your Turkish company can litigate in Czech courts through a Czech lawyer acting as your representative on the basis of a power of attorney. You must provide the court with an extract from the Turkish commercial register (with an apostille and certified translation) to prove your company's legal existence.

3. What if we miss the deadline to file our defense after being served with a claim?
Missing procedural deadlines in Czech courts can be fatal. If the court issues a "qualified call" to file a defense (typically within 30 days) and you fail to respond, the court may issue a judgment by acknowledgement (rozsudek pro uznání) against your company solely based on your silence.

Why Czech litigation differs from Turkish practice

Turkish business leaders familiar with litigation in their home jurisdiction may find Czech civil procedure quite different. The Czech legal system is based on civil law principles, which contrasts with adversarial systems where parties control evidence presentation more absolutely.

In Czech litigation, the judge plays an active role, controlling witness examination and directing the course of hearings. While the burden of proof lies with the claimant, the judge actively manages the proceedings to ascertain the facts necessary for a decision.

Additionally, the principle of "free evaluation of evidence" applies in Czech courts. This means the judge assesses evidence based on individual judgment rather than following rigid evidentiary rules regarding hierarchy of evidence. Written evidence—contracts, invoices, and correspondence—is given substantial weight.

You cannot broadly demand the other party to produce "all relevant documents," as the court has discretion to grant or deny specific document requests. This reality means that all evidence gathering largely happens before you file.

The procedure is also strict regarding the "concentration of proceedings." In many commercial disputes, parties must submit all facts and evidence by a certain point (typically the end of the first hearing). Evidence submitted later may be rejected by the court unless the party proves they could not have submitted it earlier.

ARROWS Law Firm lawyers have extensive experience managing Czech litigation for international clients. This experience translates to preventing procedural errors that can undermine otherwise strong cases. The complexity of Czech procedure makes professional representation essential for Turkish companies litigating significant disputes.

Which court will hear your case

The Czech judicial system includes district courts (okresní soudy), regional courts (krajské soudy), and higher appellate and supreme courts. Following legislative changes effective in recent years, the District Court is now the general court of first instance for the vast majority of commercial disputes.

For general commercial disputes involving monetary claims, breach of contract, or non-payment, the District Court where the defendant has its registered office has jurisdiction. This applies regardless of the value of the claim.

Previously, Regional Courts acted as first-instance courts for specific complex matters, but now they primarily act as appellate courts. There are exceptions: for example, the City Court in Prague acts as the specialized first-instance court for the entire Czech Republic in matters involving industrial property rights.

Filing in the wrong court results in the case being transferred, which can delay proceedings by several months. The geographic location depends on the defendant's registered seat, and Prague alone has multiple District Courts.

ARROWS Law Firm regularly identifies the correct competent court for Turkish clients before they file. This analytical work prevents expensive delays and ensures your claim is filed in the tribunal with authority to hear it.

Common procedural pitfalls Turkish companies face

Risks and sanctions

How ARROWS (office@arws.cz) helps

Claim dismissed for formal defects: Missing mandatory elements in the statement of claim results in court rejection or delays for correction.

ARROWS Law Firm drafts complete, legally structured statements of claim that comply with the Code of Civil Procedure requirements.

Evidence preclusion: Evidence submitted after the first hearing or the court-imposed deadline is rejected by the judge under the principle of concentration.

ARROWS Law Firm organizes all evidence before filing, ensuring all crucial documents are submitted within the strict procedural windows.

Court fees not paid: Failure to pay court fees within the deadline set by the court results in the automatic termination of proceedings.

ARROWS Law Firm ensures all court fees are calculated correctly and paid promptly to prevent procedural termination.

Default Judgment: Failure to file a qualified defense within the 30-day statutory period results in a "judgment by acknowledgement."

ARROWS Law Firm maintains rigorous deadline calendars and files timely extensions or defenses to protect your right to be heard.

Improper Service: If the defendant is not properly served (especially internationally), the judgment may be unenforceable.

ARROWS Law Firm monitors the service status via the court file to ensure the proceedings are procedurally sound.

Evidence in Czech litigation

Understanding what evidence Czech courts accept is fundamental. The Czech system emphasizes documentary evidence. Contracts, invoices, delivery notes, bills of lading, email correspondence, and payment records are the foundation of commercial cases.

For a breach of contract claim, you must prove that a valid contract existed, you performed your obligations, the defendant breached, and the breach caused damages. Invoices and delivery notes are critical in disputes over goods; a properly issued invoice combined with a confirmed delivery note creates a strong presumption of the debt.

Email correspondence is accepted, but authenticity can be challenged. You may need to provide emails in a format that proves their origin. Witness testimony is permitted but is often secondary to documents in commercial cases; witnesses testify under oath and are primarily questioned by the judge.

Expert opinions are necessary for technical disputes such as construction defects or machinery malfunction. The court-appointed expert's conclusion is often decisive for the judge. Parties can submit their own expert opinions, but the court-appointed expert usually holds more weight.

Duration of Czech civil proceedings

Turkish companies must understand that Czech civil proceedings take time. While the Czech system is relatively efficient within the EU, complex commercial disputes are not resolved overnight.

First-instance proceedings in District Courts typically take between 12 and 18 months for standard commercial disputes. If the case involves extensive evidence, multiple witnesses, or expert opinions, this can extend to 2 years.

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If either party appeals, the case moves to the Regional Court (appellate level). Appellate proceedings typically take another 6 to 12 months. A further extraordinary appeal to the Supreme Court is possible but is admissible only on strict legal grounds and takes significant time.

For Turkish companies, this means planning for a timeline of roughly 1.5 to 3 years to reach a final, legally binding conclusion. This assumes the case is fully contested through appeal.

ARROWS Law Firm helps clients manage this timeline by pushing for efficient proceedings. We work to avoid unnecessary procedural skirmishes that delay the judgment.

Payment order procedure

If your claim is for a monetary debt and the right to payment follows clearly from the facts alleged, the Czech legal system offers an expedited procedure: the Payment Order (platební rozkaz).

There are two main types relevant here. The Standard Payment Order can be issued for any amount if the claimant's right is clear. The Electronic Payment Order (EPR) is a simplified digital procedure for claims up to CZK 1,000,000 with a lower court fee. In both cases, the court issues the order without a hearing.

The defendant has 15 days from delivery to either pay or file a formal objection (odpor). If the defendant pays or does nothing, the order becomes a final, enforceable judgment. If they object, the payment order is cancelled, and the case automatically converts into standard litigation.

This procedure is valuable for Turkish companies where the debt is likely undisputed, as it can result in an enforceable title within 2 to 3 months. However, a payment order cannot be served abroad; it is only applicable if your defendant has a Czech delivery address.

1. What if the defendant objects?
The case converts to standard litigation. You do not lose your claim; it simply proceeds to a normal trial. The court fee paid counts toward the standard proceedings, though you may need to top it up from 4% to 5% if you used the electronic form.

2. Can we use the Payment Order if the defendant is in Turkey?
No. A payment order cannot be served abroad. It can only be used if the defendant has a delivery address in the Czech Republic (e.g., a Czech company's registered seat). Since you are suing a Czech partner, this is usually applicable.

3. Can we request a payment order if the contract says the parties must first attempt mediation?
If your contract contains a mandatory mediation clause, the defendant could successfully object that the claim is premature. You should comply with contractual mediation clauses before filing.

Mandatory pre-litigation steps

Before filing a claim in Czech courts, you must comply with Section 142a of the Code of Civil Procedure. This provision requires that you send a formal pre-action warning letter (called a "předžalobní výzva") to the defendant at least 7 days before initiating court proceedings.

The letter must demand payment and warn that failure to comply will result in a lawsuit. If you fail to send this letter, the court can still hear your case, but even if you win, the court will not award you reimbursement of your legal costs.

Since legal cost recovery is a key benefit of winning, sending this letter is practically mandatory. Regarding mediation: unlike some other countries, Czech law does not generally require mandatory mediation before filing a standard commercial lawsuit, unless your contract specifically requires it.

Defending against a claim

If a Czech company sues your Turkish company in Czech courts, do not ignore the mail. You will likely receive the claim via international mail (under Hague Convention rules) or via a data box if you have one. The court typically sets a deadline (often 30 days) to file a written defense.

You must retain a Czech lawyer immediately to access the court file and draft the defense in Czech. You must respond to the facts and legal arguments; a general denial is insufficient.

Warning: If you fail to respond to a "qualified call" to defense, the court can issue a default judgment (judgment by acknowledgement), assuming you agree with the claim. This judgment is then enforceable.

Executive summary for management

  • Jurisdiction: Turkish companies can litigate in Czech courts. Jurisdiction is usually based on the Czech defendant's seat, place of performance, or a choice of court clause.
  • No Discovery: Evidence must be gathered before filing. There is no US-style discovery to force the other side to produce internal documents later.
  • Costs: Court fee is 5% of the claim amount. The winner typically recovers court fees and statutory attorney fees from the loser.
  • Pre-action Notice: You must send a "last call" letter 7 days before filing to secure cost recovery rights.
  • Timeline: Expect 12–18 months for a first-instance judgment in contested commercial cases.
  • Professional Representation: Essential due to the Czech language requirement, strict procedural deadlines, and formal evidence rules.

Conclusion

Litigating in the Czech Republic as a Turkish company is achievable and, in many cases, an effective route to resolving commercial disputes and protecting business interests. However, the Czech legal system operates according to principles and timelines that differ from Turkish practice. The requirement that all proceedings occur in Czech and the absence of discovery create genuine complexity.

Turkish companies that have successfully litigated in Czech courts share a common characteristic: they retained experienced Czech legal counsel before taking any action. This professional guidance—from jurisdiction analysis to enforcement—makes the difference between successful recovery and costly failure.

ARROWS Law Firm has represented numerous Turkish and international companies in commercial litigation throughout the Czech Republic. We combine in-depth knowledge of Czech civil procedure with practical experience managing cross-border disputes.

If your Turkish company faces a commercial dispute with a Czech partner, the first step is to consult with experienced Czech lawyers. ARROWS Law Firm is ready to analyze your situation, advise on jurisdiction and procedural strategy, and outline the realistic timeline and costs involved.

1. If we win our case in Czech court, can we automatically enforce the judgment in Turkey against the defendant's assets there?
No. A Czech judgment is enforceable in the Czech Republic. To enforce it in Turkey, you must petition a Turkish court for recognition and enforcement (tanıma ve tenfiz). Turkish courts generally recognize Czech judgments based on reciprocity.

2. Do we need to establish a Czech company or branch in order to litigate in Czech courts?
No. Turkish companies can litigate in Czech courts directly. You will need a Czech lawyer acting on a power of attorney. You will also need to provide an extract from the Turkish Commercial Register to prove your company exists and who can sign for it.

3. What is the difference between the payment order procedure and standard civil litigation?
The payment order is a fast-track written procedure for monetary claims. If the defendant doesn't object within 15 days, you get a judgment quickly. If they object, it turns into standard litigation, which involves hearings and takes longer (12+ months).

4. Must we send a pre-action warning letter before filing?
Yes. Section 142a of the Civil Procedure Code requires sending a pre-litigation call to payment at least 7 days before filing suit. If you skip this, you likely won't be awarded legal costs even if you win the case.

5. What happens if the Czech court issues a judgment in our favor but the defendant refuses to pay?
You must initiate enforcement proceedings (exekuce). A court-appointed bailiff (exekutor) will seize the defendant's bank accounts, property, or receivables to satisfy the debt. The costs of enforcement are generally borne by the debtor.

6. If we lose in first instance, can we appeal?
Yes. You can appeal to the Regional Court (if the first instance was the District Court) within 15 days of receiving the written judgment. Missing this deadline is final.

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.

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