Class-Action Lawsuits in the Czech Republic: Who Can File Them and Why They Are Rarely Used So Far

16 minutes of reading

Shrnutí: Class-action lawsuits are intended to help consumers in situations where a large number of people have suffered harm as a result of the same or similar conduct by a business. Typical examples include undelivered goods, unauthorized fees, defective services, or unpaid compensation for delayed flights. The Czech legislation has been in effect since July 2024, but only two class-action lawsuits were filed in the first two years. The problem is not a lack of suitable cases, but primarily the costs and risks borne by eligible consumer organizations.

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Quick Overview

  • Class-action lawsuits are governed primarily by Act No. 179/2024, on Class-Action Civil Proceedings, effective as of July 1, 2024.
  • Neither a consumer nor an attorney may file a class action lawsuit. It must be filed by an authorized nonprofit organization registered in the relevant registry.
  • The group must consist of at least ten consumers with claims based on similar factual and legal grounds.
  • The Czech system operates on an “opt-in” basis. In cases involving claims for performance, the judgment applies only to registered members of the group.
  • Class action proceedings concern disputes between consumers and businesses. Under certain conditions, small business owners may also join.
  • The Municipal Court in Prague always rules in the first instance.

How the Legal Framework for Class Actions Has Evolved

Even before 2024, Czech law recognized, for example, the consolidation of several individual lawsuits or lawsuits filed by consumer organizations seeking an injunction against unlawful conduct. However, there was no specific procedural tool through which an authorized organization could, in a single proceeding, obtain compensation or other specific relief for a larger group of aggrieved consumers.

This change was brought about by Directive (EU) 2020/1828 of the European Parliament and of the Council on representative actions. Its aim was to ensure that, in all Member States, it would be possible not only to demand the cessation of unlawful conduct but also to seek remedial measures, such as a refund, compensation for damages, repair, product replacement, a discount, or termination of the contract. The directive allowed Member States to choose between an opt-in system, an opt-out system, or a combination of the two.

Member states were required to transpose the directive by December 25, 2022, and to apply the new rules as of June 25, 2023. The Czech legislation was therefore enacted with a delay. Act No. 179/2024 Coll., on Class Action Civil Proceedings, took effect on July 1, 2024, and as of August 4, 2026, remains in its original wording. At the same time, Act No. 180/2024 Coll. was adopted, amending, among other things, the Code of Civil Procedure and Act No. 634/1992 Coll., on Consumer Protection. Practical matters concerning applications, the list of group members, and the registry are governed by Decree No. 181/2024 Coll.

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What Are the Two Types of Lawsuits Recognized Under Czech Law?

The term “class action” is used quite widely in the media. However, Czech law actually distinguishes between two procedural instruments.

Class Action for Performance or Declaration

Under Act No. 179/2024 Coll., an authorized organization may demand that a business pay, refund, repair, or otherwise fulfill its obligation to consumers. A lawsuit may also be filed to seek a declaration as to whether a certain right or legal relationship exists.

This type of proceeding serves primarily to ensure that participating consumers obtain specific relief. This may include, for example:

  • a refund of advance payments made for undelivered goods,
  • compensation for damages or the return of unjust enrichment,
  • a refund of unauthorized bank or administrative fees,
  • compensation for a delayed or canceled flight,
  • a discount, repair, or replacement of a defective product,
  • refund of a subscription fee that has been repeatedly deducted.

A class action is admissible only if the group consists of at least ten people and their claims have a similar factual and legal basis. The claims do not have to be for the same amount. Different amounts do not in themselves preclude class action proceedings.

Action to Protect the Collective Interests of Consumers

The second tool is an action under Sections 181 through 194 of Act No. 99/1963 Coll., the Civil Procedure Code. An authorized organization may file such an action to require a business to refrain from unlawful conduct or to have the court determine that the business has violated a legal obligation.Consumers do not join such proceedings and are not parties to them. The outcome is generally not a direct payment of money to individuals, but rather the cessation of the unlawful business practice or a court ruling confirming its illegality. Such a judgment can subsequently make it easier for consumers to pursue specific claims individually or through a class action.An example might be a demand that a business operator stop using unfair contract terms, automatically renewing contracts without proper notice, or charging an illegal fee.

What Types of Disputes Are Covered by Class-Action Lawsuits

The basic restrictions are set forth in Section 4 of Act No. 179/2024 Coll. Class action proceedings may only be conducted in disputes arising from legal relationships between consumers and businesses. It is therefore not a general equivalent of the American “class action.”For example, a Czech class actioncannot be used to resolve employees’ labor law claims, neighborhood disputes, shareholders’ claims against a company, or disputes involving several business operators who do not meet the legal definition of a small business operator.

In practice, class actions may be considered primarily in the following areas:

  • online stores and undelivered or defective goods,
  • energy and unfavorable or unclear contracts,
  • banking, loans, and insurance,
  • telecommunications services,
  • air travel and travel agencies,
  • automatically renewing subscriptions,
  • unauthorized recurring payments,
  • deceptive business practices,
  • digital services and the handling of consumer data.

Consumer organizations identify energy, insurance, air travel, package tours, and automatically renewing subscriptions as areas where class-action lawsuits could have a more significant practical impact.  The law applies only to rights or legitimate interests arising after November 24, 2020. Therefore, it is not the date the lawsuit is filed that is decisive, but the moment the asserted right arose.

Certain business owners may also file class-action lawsuits

For the purposes of class action proceedings, the law also considers a business owner to be a consumer if:

  • employ fewer than ten people and, at the same time,
  • whose annual turnover or total assets on the annual balance sheet do not exceed 50 million CZK.

A class action lawsuit can thus help a small business, for example, in a dispute with an energy supplier, a bank, a telecommunications company, or a digital service provider. This expansion applies specifically to class action proceedings under Act No. 179/2024 Coll.

Tip for article

If someone has caused you damage and refuses to compensate you, you can file a lawsuit to recover damages. Before you do so, however, there are several steps you need to take—in particular, sending a pre-lawsuit notice, gathering evidence, and properly drafting the complaint. In this article, we’ll explain step by step how to proceed, how much it costs, and when it’s worth consulting a lawyer.

Who Can File a Class Action Lawsuit and How Can a Consumer Join It

A consumer cannot file a class action lawsuit on their own. Neither a lawyer nor a commercial company specializing in debt collection can initiate one in their own name.

Only a legal entity registered on the Czech or relevant European list of authorized entities may serve as the plaintiff. It acts in its own name but on behalf of the group and must be represented by a lawyer. The organization must be a nonprofit, have been actively engaged in consumer protection for at least twelve months, be independent, financially sound, and provide transparent information about its activities, structure, and sources of funding.

As of August 4, 2026, four organizations are listed on the Czech register:

  1. dTest, o.p.s.,
  2. OnlineADR.cz, z.ú.,
  3. Association for a Fair Market, z.ú.,
  4. Právo na spravedlnost, z.s.

A consumer who believes they are one of a larger group of affected individuals should contact one of these organizations and provide it with the contract, order, proof of payment, correspondence with the business, complaint, and other evidence. The organization will first assess whether there is a sufficiently large and sufficiently similar group. It is not obligated to file a lawsuit. It also considers the enforceability of the claims, the business operator’s financial situation, and the economic risks of the proceedings.

Registration takes place only after the court’s decision

The Municipal Court in Prague first decides, during the so-called certification phase, whether the lawsuit is admissible. Among other things, it examines:

  • whether the lawsuit was filed by an authorized person,
  • whether the class consists of at least ten members,
  • whether the claims have a similar factual and legal basis,
  • whether the plaintiff has a conflict of interest,
  • whether the lawsuit is not abusive,
  • whether its funding is influenced, for example, by a competitor of the defendant.

Only after the lawsuit has been definitively admitted will the court publish the information in the class action registry and set a deadline for filing claims. This period must be at least two and no more than four months. Those who do not file a claim within the deadline will generally receive nothing from the outcome of the class action.The most common practical mistake is simply waiting passively. Czech law does not provide for the automatic inclusion of all injured parties. Consumers must monitor published notices and submit documentation supporting their claim in a timely manner.

Does the consumer bear the costs of the proceedings?

A registered consumer is not a party to the proceedings and, if the case is unsuccessful, generally does not pay the opposing party’s costs. An exception may apply to costs incurred through the consumer’s own fault. The risk of paying the costs of the proceedings is borne primarily by the plaintiff organization. The organization may receive a fee for successfully conducting the dispute. In the case of monetary or divisible performance, the reward may not exceed 16 percent of the awarded amount. The claim of the registered class members is reduced by this amount. For a lump-sum reward, the maximum is 2.5 million CZK. The specific amount is determined by the court based on the complexity and expected duration of the proceedings.

The First Czech Class-Action Lawsuits and Case Law to Date

As of July 27, 2026, only two class-action lawsuits had been filed in the Czech Republic, according to publicly available information. When drafting the law, the Ministry of Justice had anticipated approximately five to ten such cases per year.

The First Lawsuit Against Postýlkov

The first-ever class action lawsuit was filed on November 29, 2024, against Postýlkov s.r.o. Consumers paid deposits or the full price for children’s furniture, which, according to the complaint, was not delivered to them even within extended deadlines. After withdrawing from the contracts, the company did not refund their money. The Municipal Court in Prague admitted the lawsuit by a ruling dated February 11, 2025, case no. 3 C 10/2024. Originally, at least 19 class members were identified, with individual claims ranging from approximately 11,000 to 60,000 CZK. The court set a two-month deadline for joining the class action and awarded the plaintiff organization a fee of 16 percent of the awarded damages. According to current information, the judgment subsequently became final, and the claim was granted in its essential part. Consumers were to be awarded a total of approximately 1.6 million CZK.

The decision on admissibility serves as the first significant interpretive guideline. The court confirmed that a similar factual and legal basis does not imply that all cases are identical in every respect. For example, it did not matter that consumers ordered different types of furniture or paid different amounts. What was essential was the common core: the conclusion of a contract, payment, failure to deliver the goods, withdrawal from the contract, and failure to refund the money. At the same time, the court noted that the statutory cap on compensation of 16 percent could, in the case of smaller groups and low-value claims, lead to the economic “hollowing out” of the institution. Even the maximum allowable compensation may not cover the administrative, legal, and informational costs of the plaintiff organization.

Lawsuit Against World2Fly

A second class-action lawsuit was filed in February 2026 against the Spanish airline World2Fly. It concerns a flight from Prague to the Vietnamese island of Phu Quoc on March 19, 2025, which, according to the plaintiff organization, arrived approximately 20 hours late. The plaintiff is seeking compensation of 600 euros per person for the registered passengers. No final decision has yet been made on the merits of the claims.

There is no established case law yet

Given that the law took effect in July 2024 and the limited number of cases to date, it is not yet possible to speak of established case law. There is no case law from the Supreme Court or the Constitutional Court that would provide a detailed interpretation of the contentious issues in the new law. The ruling by the Municipal Court in Prague in the Postýlkov case is therefore important, but it does not constitute a binding precedent for other court proceedings. Further developments may clarify, in particular, the degree of similarity among individual claims, the review of funding, the amount of compensation, and the scope of evidence required for larger groups.

Why Class Actions Are Rarely Used and What Might Change

Current practice shows that the main obstacle is not a lack of consumer cases. Authorized organizations point primarily to the economics of the proceedings. They must finance legal representation in advance, as well as the review of hundreds of documents, communication with consumers, promotion of the call for claims, and potential costs incurred by the opposing party. They receive compensation only if they succeed, and the court may set it below the 16 percent limit.

dTest reported that since the law took effect, it has reviewed a few dozen potential cases. Obstacles included, for example, a business owner’s insolvency, a group that was not sufficiently homogeneous, or an unreasonable financial risk. As a result, the organization has not yet filed any lawsuits.

The following changes, in particular, can be considered appropriate:

More Sustainable Funding

The government could consider a grant or other publicly controlled mechanism to finance initial costs. An alternative is a more flexible award under court supervision, particularly for low-value individual claims. Third-party funding may be helpful, but it must remain transparent and must not be controlled by a competitor of the defendant or by an entity whose interests conflict with those of consumers.

Simpler Electronic Registration

Consumer organizations are calling for the least formalized registration process possible, ideally via a simple web form. The current registration process requires identification of the claim, a description of the facts, and the submission of relevant evidence. It would also be helpful to better link the class action registry with data boxes, consumer advice centers, or supervisory authorities. A lack of awareness can result in an eligible consumer learning about the proceedings only after the deadline has passed.

Opt-out, at least for minor claims

During the legislative debate, consumer organizations advocated that, for very small and easily determinable claims, all affected parties be automatically included unless they explicitly opt out. Such a system could be more effective, for example, in cases of an illegal fee amounting to tens of crowns charged to hundreds of thousands of customers. For individually small claims, most people will not fill out an active application, even though the overall benefit to the business is significant. The European directive allows for an opt-out, but Czech law has opted exclusively for an opt-in system.

Involvement of Specialized Public Institutions

Czech legislation relies primarily on nonprofit organizations to handle disputes. In the future, it might be worth considering whether, in certain areas, authority should also be granted to a specialized public body, such as a financial ombudsman or another entity with expert jurisdiction. Poland, for example, uses such a model with its financial ombudsman. The Ministry of Justice currently considers it premature to evaluate the law and deems a period of four to five years to be appropriate. According to the ministry, developments to date at least show that fears of a flood of vexatious lawsuits have not materialized.

How Class-Action Lawsuits Work in Neighboring Countries

The European directive did not establish a uniform process for the entire EU. Individual countries have therefore adopted different conditions, minimum numbers of consumers, and methods of financing.

Germany distinguishes between actions seeking specific relief and model declaratory actions. Consumers and some small business owners register in a public registry. Registration is free and does not require representation by an attorney. The German system is thus also based primarily on active registration.

Poland uses an opt-in system for claims for relief and requires at least ten consumers. An authorized organization may charge a registration fee, but no more than five percent of the claim’s value and, at the same time, a maximum of 2,000 Polish zlotys for a monetary claim. The financial ombudsman holds a special position, as they may file a lawsuit ex officio and without any fee to the consumer.

Slovakia will allow actions for corrective measures and actions for abstract review starting in July 2023. Before filing an action for corrective measures, the authorized person must publish a notice of intent to sue and, within two months, secure at least twenty registered consumers. A designated notary records the registrations. The Slovak eligibility requirement is thus stricter than the Czech minimum of ten members. A comparison shows that neither the Czech minimum of ten members nor the opt-in requirement itself is exceptional in the region. The weaker point of the Czech system is rather the limited number of eligible organizations and the uncertain funding model for long and costly disputes.

Summary

Class-action lawsuits have been possible in the Czech Republic since July 1, 2024. This is not a universal tool for all group disputes, but is primarily intended to protect consumers and certain small business owners against businesses.

Only an authorized nonprofit organization may file a lawsuit. For a class action seeking specific performance, there must be a group of at least ten individuals with claims based on similar factual and legal grounds. Consumers must actively opt in within the deadline set by the court.

The two cases to date show that the law can work. According to the plaintiff organization, the first lawsuit against Postýlkov ended in a final victory on the key issues. However, the number of proceedings is significantly lower than expected.

The greatest potential for change lies in the funding of eligible organizations, a simpler electronic registration process, and the possible introduction of an opt-out system for large groups with very low individual claims.

Frequently Asked Questions

Can I file a class-action lawsuit on my own?

No. The consumer must contact a legal entity listed in the registry of authorized entities. That entity will review the case and decide whether to file a lawsuit.

How many victims are needed?

For a class action under Act No. 179/2024 Coll., the class must consist of at least ten people. This number must be maintained even after the deadline for joining the class has passed.

Should all consumers have the same level of protection?

It is not necessary. What matters is that the factual and legal basis be similar. Individual members may claim different amounts depending on how much they paid or what damages they incurred.

Do I have to join the class-action lawsuit?

Yes, in the case of an action for specific performance under Act No. 179/2024 Coll. Consumers must file their claims within the two- to four-month period set by the court. In the case of an action to protect collective interests under the Civil Procedure Code, consumers do not need to file a claim, but such an action generally does not, in and of itself, award them monetary compensation.

If I fail, will I have to pay the entrepreneur's expenses?

Generally, no. The risk of costs is borne by the organization bringing the lawsuit. A consumer may be liable only for costs that he or she has caused, such as through obstructive or negligent conduct.

If I'm successful, will I receive the full amount awarded?

You don’t have to. If the court awards the plaintiff organization a percentage-based fee, the consumer’s payment may be reduced by up to 16 percent. The exact amount must be disclosed at the time of registration.

Can a sole proprietor or small business also apply?

Yes, provided that it employs fewer than ten people and its annual revenue or total assets do not exceed 50 million CZK. However, this status applies only for the purposes of the Act on Collective Civil Proceedings.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague
Author of the article

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

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