In case when the competent authority intends to restrict free movement of your goods it must first inform you and justify its intention. You then have at least 15 days to submit your comments. Even then however, a situation may arise when despite your explanation the competent authority insists on its evaluation and issues a decision against you. In that case you can defend yourself accordingly.
Such a decision would be issued by the competent authority within the administrative proceedings. The general legal act in this area is the Administrative Procedure Code (500/2004 Coll.), which applies unless a special law provides otherwise (exceptional cases).
If the decision has not yet taken legal effect, you can use the appeal option. It must be notified to the competent authority within 15 days of the date you were informed about the decision. The appeal must be justified. In other words you must state why according to you this decision (administrative proceedings) is illegal and incorrect.
In case the decision has already become final, you can use extraordinary remedies. First, you may propose a renewal of proceedings particularly if new facts or evidence come to light which could have had a significant effect on the decision, which could not have been invoked in the proceedings before, and which you were not responsible for (for example, you did not know and could not have known about them at the time). You can also initiate a review procedure. This does not mean that the administrative authority concerned will be obliged to review its decision. It shall do so only if there are reasonable grounds for doubt that the decision is not in accordance with the law.
If the appeal is also unsuccessful, you are left with the option to fill a lawsuit against the decision of the administrative authority with the locally competent regional court. This should usually be done within two months of receiving the decision of the appellate body. The decision of this court cannot be appealed, but in certain cases it can be challenged by a cassation complaint to the Supreme Administrative Court.
You can also decide to use the services of the SOLVIT network, which informally helps to solve problems when your rights guaranteed by the European law have been violated. You can contact SOLVIT if you are not taking your case to court. Despite the fact that SOLVIT has no enforcement powers, it has a high success rate of resolved cases (almost 90%). SOLVIT is free of charge and works in predictable deadlines.
In the area of non-harmonized goods, economic operators can newly use the procedure according to the article 8 of the Mutual Recognition Regulation. In such cases, the European Commission may be asked to issue a legal opinion which must be drawn up within 45 days. It should be noted that this time limit (which starts to run from the handover of the relevant documents by the relevant SOLVIT centre) is shorter than in other cases handled by the informal SOLVIT service. This legal opinion is valid primarily as a basis for arguments with the competent authority. However, it can be also used as an evidence during possible court proceedings.
In addition to national remedies you can also lodge a complaint with the European Commission. This complaint is submitted in writing (by letter, fax or e-mail) You can submit it in your language and free of charge. More information can be found on the European Commission's website.
| Zdroj dat | www.mpo.cz |
|---|---|
| Originál | mpo.cz/en/foreign-trade/business-in-the-eu/eu-internal-market/free-movement-of-goods/remedies-and-pr... |
