The cassation complaint: how and where to file it?

What is a cassation complaint

A cassation complaint is one of the extraordinary remedies against a final decision of a regional court in the administrative justice system. It is therefore the last resort and usually the only way to change the decision of the administrative court. Its regulation can be found in the Administrative Procedure Code.

The second extraordinary remedy against a decision of an administrative court is a retrial. This can only be used in the case of protection against interference by an administrative authority or in proceedings concerning political parties and movements. In order to apply for a retrial, it is necessary to meet the condition of discovering new evidence or facts that have the potential to change the final decision of the court (for example, a new witness or document is discovered).

Court of Cassation or who decides on the complaint

The Court of Cassation does not exist as such, it is the Supreme Administrative Court (SAC). In addition to deciding on cassation complaints, the Supreme Court is also responsible for deciding on competence disputes between public administration bodies, political parties or movements, decides on matters relating to elections and acts as a disciplinary court for judges, bailiffs and public prosecutors.

When you can lodge a cassation complaint

You can only lodge a cassation complaint after a final decision has been made by a lower court (usually a regional court). You must also meet one of the statutory grounds:

• Illegality: this must consist of an error of law.
• In the case of a defective decision of the court: This must consist in the fact that the facts relied on in the decision are not supported by or are contradicted by the case-file, or that in the determination of the facts there has been a breach of the law in the provisions relating to proceedings before the administrative authority in such a way as to affect the legality, and for this reasonably alleged defect the court which decided the case should have annulled the contested decision of the administrative authority. Such a procedural defect is also considered to be a failure to make the administrative authority’s decision unreviewable on the ground of incomprehensibility.

• In the case of a mistrial: this must consist in the fact that the conditions of the proceedings were lacking, the case was decided by an excluded judge or the court was improperly seated, or the decision was made against a party as a result of a criminal offence committed by the judge.
• In the case of unreviewability: This must consist in the decision being unintelligible or in a lack of reasons, or in some other defect in the proceedings before the court where such defect may have resulted in an unlawful decision on the substance.
• In the case of illegality, the decision to dismiss the application or to stay the proceedings.

Conversely, an appeal cannot be brought where:

• It is directed only against the order as to costs or against the reasons for the court’s decision.
• It is directed against a decision by which the court of first instance has made a new decision after it has been annulled by the Supreme Administrative Court. The exception is where the court of first instance did not follow the legal opinion of the Supreme Administrative Court.
• It is directed against a decision which merely modifies the conduct of the proceedings.
• It is directed against a decision which is only temporary.
• It relies on the grounds set out above but which could have been raised in the proceedings before the court of first instance.

What must be included in a cassation complaint

The appeal must contain the following information:

• Identification of the parties to the proceedings: the complaint must contain details of the persons who are parties to the proceedings. The person(s) involved must therefore not be missing your name, date of birth, address of residence and other necessary information.
• Identification of the decision: The specific decision of the court of first instance against which the complaint is lodged must be indicated. This includes the name of the court, the date and the number of the decision.
• Date of service of the decision: You must also state the date on which you were served with the decision of the court against which you are complaining.
• Reason for complaint: The complaint must clearly and understandably describe the reasons why you think the court’s decision is wrong. The reasons may include errors of law, inadequate reasons for the decision or procedural errors in the proceedings.
• Evidence: You should also include in your complaint any evidence that supports your argument.

The appeal must be lodged within two weeks of receipt of the court’s decision. If you miss the deadline, you cannot file a complaint. You must file it with the Supreme Administrative Court or the court that ruled in the first instance. You must also expect to pay a court fee of CZK 5 000 for the appeal.

Appeal – suspensive effect

The appeal has no suspensive effect. In some cases, however, the Supreme Administrative Court may grant it at your request. This is possible, for example, in a situation where the legal consequences of the decision would cause you disproportionately greater harm than that which may be caused to other persons by granting you suspensive effect. At the same time, it must not be contrary to an important public interest.

The SAC shall decide on suspensive effect without undue delay or within 30 days if there is no risk of delay. It then applies until the actual decision on the appeal is taken.

How the decision is taken

If the SAC finds that the appeal meets the conditions laid down by law, it sends it to the other parties to the proceedings and gives them the opportunity to comment. It then obtains all the documents necessary for the decision (e.g. the administrative authority’s and regional court’s files). The Supreme Administrative Court usually decides on the complaint itself without a hearing.

The SAC may find the complaint well-founded and annul the decision of the regional court (court of first instance). It will then refer your case back to it for further proceedings, together with its legal opinion, which the regional court must follow in making its decision. In this case, the regional court will also decide on the costs of the appeal.

Summary

A cassation appeal is an extraordinary remedy within the administrative justice system which allows a final decision of the regional court to be corrected. The appeal must be lodged with the Supreme Administrative Court (SAC) within two weeks of the date of service of the decision and must identifythe parties to the proceedings, the specific decision, the date of service and the reasons why the decision should be annulled. The Supreme Administrative Court cannot alter the decision, but only annul it and refer it back to the regional court for reconsideration .