Czech Republic

At present the Czech Republic does not have a sophisticated consumer collective action regime.

What is the most common type of collective action you are seeing?

Representative consumer actions, although even these are rare.

What are the various ways a group could bring a collective action?

There is no special procedure to bring a representative action before a court.

If collective actions are permitted, are these opt-in or opt-out actions? 

Cross

Not relevant - only representative actions available, no collective actions.

Does the law currently provide for private collective actions by consumers?

Tick

The scheme is not complex. There is protection of consumer rights and collective redress for unfair competition.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

Cease and desist orders are available. Punitive damages are not available.

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

Tick

Only if they are associations or professional organisations which have a legitimate interest in protecting consumers.

Cross-border claims can only be made if the Czech courts have jurisdiction.

Is third party funding of litigation permitted?

Tick

The market is developing well.

Is litigation funding permitted for collective actions?

Tick

Yes. There are no specific laws regarding it.

Are consumer groups and law firms allowed to advertise the collective actions they are running?

Tick

Is there a formal mechanism to settle actions on a collective basis?

Tick

The settlement must be approved by the court. Consumers who are part of the settlement will be bound by it.

If a trader loses a collective action does the law require the trader to publicise this?

Cross

But either party may publicise the judgment.

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

Cross

The Claimant may seek enforcement if the trader fails to comply with the judgment

 

The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.