Amendment to the Civil Procedure Code

As of the beginning of March 2015, an amendment to the Civil Procedure Code has become effective, addressing several practical issues.

For instance, the amendment establishes an obligation to provide electronic transcription from hearings and not only minutes reflecting their course; the transcription is to form a part of the court file and parties will be entitled to obtain its copy.

Status of an enjoined party has also been rewarded with a more detailed set up – the judicial practice was, up until now, unable to give a standpoint on whether it is possible that a legal entity, established or founded to protect customers, participates in the proceedings even without a consent of the protected party. Moreover, it was necessary to resolve to what extent is the enjoined party authorized to file a remedy in a situation where the party itself has not been enjoying the opportunity.

As the last significant alteration, a possibility to file extraordinary remedy within the execution proceedings has been adjusted. The practice has showed that filing of appellate reviews against decisions related to executions has been excessively congesting for the Supreme Court of the Slovak Republic, when it comes to admissibility as well as overall reasonability; appellate reviews against a decision on admissibility to execute (mostly) a judicial decision (which itself could have been obtained within a three level proceedings) are being most often called inadmissible. It is however important to state that elimination of the possibility to file an appellate review has no impact on cases where courts of first and second instance decide differently on the merits or where the case is legally important.