Decision of Court (Fifth Section), March 03, 2015 (case KUDLIČKA v. THE CZECH REPUBLIC)

JudgePOKORNY Z.
Resolution DateMarch 03, 2015
Issuing OrganizationCourt (Fifth Section)

FIFTH SECTION

DECISION

Application no. 21588/12Petr KUDLIČKAagainst the Czech Republic

The European Court of Human Rights (Fifth Section), sitting on 3 March 2015 as a Chamber composed of:

             Mark Villiger, President,              Angelika Nußberger,              Boštjan M. Zupančič,              Vincent A. De Gaetano,              André Potocki,              Helena Jäderblom,              Aleš Pejchal, judges,and Milan Blaško, Deputy Section Registrar,

Having regard to the above application lodged on 28 March 2012,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Petr Kudlička, is a Czech national, who was born in 1940 and lives in Boskovice. He was represented before the Court by Mr Z. Pokorný, a lawyer practising in Brno.

The Czech Government (“the Government”) were represented by their Agent, Mr Vít A. Schorm, of the Ministry of Justice.

  1. The circumstances of the case

    The facts of the case, as submitted by the parties, may be summarised as follows.

    1. Civil action

      On 11 April 2000, the applicant brought an action before the Brno Municipal Court against his former employer, the Czech Post, claiming compensation for wages and travel and subsistence allowances amounting to CZK 8,019 (which at that time corresponded to approximately EUR 220). The substance of the dispute was whether the applicant’s case concerned a business trip or only the employer’s instruction designating a new place of reporting to work.

      Upon the court’s request, on 27 March and 3 July 2002 the applicant supplemented his action. In his submission of 27 March 2002 he reduced his claim to CZK 6,173 (which by this time, owing to currency fluctuations, was worth about EUR 200).

      On 10 April 2003, the Municipal Court delivered a judgment in which it granted the action to a large extent.

      Upon the applicant’s and defendant’s appeals, on 23 November 2004 the Brno Regional Court quashed the judgment and sent the case back to the court of first instance for further proceedings.

      On 27 April 2006, the Municipal Court delivered a judgment granting the action.

      Upon the defendant’s appeal, on 20 November 2007 the Regional Court reversed the judgment and dismissed the action.

      On 28 January 2008, the applicant filed a constitutional appeal, which was dismissed on 11 June 2008.

    2. Proceedings for damages

      On 21 December 2007, the applicant applied to the Ministry of Justice, claiming compensation for non-pecuniary damage caused by an unreasonable length of the above court proceedings.

      On 19 November 2008, the Ministry of Justice noted that there had been delays in the court proceedings but did not award compensation to the...

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