AUTO HÉGR, A.S. v. THE CZECH REPUBLIC

• ECLI: ECLI:CE:ECHR:2023:0112DEC002074515
• Counsel: RITTER P.
• Date: 12 January 2023
• Application Number: 20745/15
• Court: Fifth Section Committee (European Court of Human Rights)
• Respondent State: Republica Checa
• Applied Rules: 6;6-1;35

FIFTH SECTION

DECISION

Application no. 20745/15
AUTO HÉGR, A.S.
against the Czech Republic

The European Court of Human Rights (Fifth Section), sitting on 12 January 2023 as a Committee composed of:

Mārtiņš Mits, President,
María Elósegui,
Kateřina Šimáčková, judges,
and Martina Keller, Deputy Section Registrar,

Having regard to:

the application (no. 20745/15) against the Czech Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 23 April 2015 by Auto Hégr, a.s. (“the applicant company”), which was represented by Mr P. Ritter, a lawyer practising in Olomouc;

the decision to give notice of the complaint concerning the alleged failure of the Constitutional Court to consider the applicant company’s additional arguments in support of its constitutional complaint to the Czech Government (“the Government”), represented by their former Agent, Mr V.A. Schorm, of the Ministry of Justice, and to declare inadmissible the remainder of the application;

the parties’ observations;

Having deliberated, decides as follows:

SUBJECT MATTER OF THE CASE

1. The case concerns the alleged failure of the Constitutional Court to consider arguments included in the applicant company’s additional submissions in support of its constitutional complaint. The applicant company invokes, in this respect, Article 6 § 1 of the Convention.

2. On 29 September 2011 the applicant company was ordered by the Olomouc District Court (okresní soud) to pay 934,000 Czech korunas (CZK – 38,081 euros (EUR) at that time) in a civil claim.

3. On 7 February 2013 the District Court ordered the applicant company to pay the amount of CZK 233,500 (EUR 9,119) plus interest and dismissed the remainder of the claim.

4. On 24 October 2013 the Ostrava Regional Court (krajský soud) upheld the District Court’s judgment in so far as it concerned the...