Important decision
The Supreme Court confirmed that the termination of the execution for lack of results does not in itself prevent the filing of a new enforcement petition under the same enforcement title against the same debtor. The debtor does not have to allege new facts about the debtor’s property, but must, at the request of the enforcement officer, deposit a reasonable advance on the costs of enforcement.
A legal sentence on this issue was approved by the Civil and Commercial Chamber of the Supreme Court at a hearing on 11 February 2026. According to the sentence, the creditor may file a new enforcement application even if the previous enforcement proceedings between the same parties have been discontinued due to futility pursuant to Article 55(7) to (13) of the Enforcement Procedure Code. The success of the new application cannot be conditioned on the creditor submitting new information about the debtor’s financial circumstances.
At the same time, the Supreme Court emphasised that the law deals with fruitless executions in such a way that after six years without recovery of at least the amount covering the costs of the execution and without the property being affected, the execution may be discontinued. However, according to the court, the text of the law does not imply a prohibition to commence the execution again; on the contrary, this corresponds to Section 90(3) of the Execution Code, which provides for a deposit for the costs of the execution in such cases. The creditor may thus file a new execution, but bears the risk that even repeated enforcement will not be successful.
The decision arose from a dispute over a claim of the Brno-Královo Pole municipal district in the amount of CZK 125,484 with accessories, which had already been awarded in 2006. The lower courts concluded that no further application was admissible after the original execution had been terminated for lack of result. The Supreme Court rejected this interpretation, stating that the previous lack of success did not create an obstacle to a final judgment and that the debtor’s financial circumstances may change over time. In practice, this is an important conclusion, especially for public creditors who deal with a large number of long outstanding debts.
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