Pursuant to Article 45(1) of the Regulation, applications for a declaration of enforceability are dealt with by the okresní soud [district court] (in Prague, the obvodní soud, in Brno, the Městský soud).
Appeals against decisions on applications for a declaration of enforceability pursuant to Article 50(2) of the Regulation are dealt with by the krajský soud [regional court] (in Prague, the Městský soud). Appeals should be lodged with the court whose decision is being appealed.
Only the following extraordinary appeal procedures may be used:
- žaloba pro zmatečnost [action in annulment];
- žaloba na obnovu řízení [action to re-open proceedings];
- dovolání [appellate review];
All the extraordinary appeal procedures listed should be lodged with the court which ruled on the case at first instance.
Only a court may issue a European Certificate of Succession. If succession proceedings are already under way, the certificate is issued by the Court Commissioner of the court responsible for those proceedings under § 100(1) of Act No 292/2013 on Special Judicial Procedures.
If a European Certificate of Succession has to be rectified, amended or revoked after the succession proceedings have been completed, that court act may not be performed by a notary acting as Court Commissioner, as his or her competence has lapsed; he or she is no longer a Court Commissioner.
The krajský soud [regional court] (in Prague, the Městský soud) decides on appeal procedures lodged with a notary acting as a Court Commissioner or with the okresní soud [district court] whose decision is being appealed.
Under § 100(1) of Act No 292/2013 on Special Judicial Procedures, acts of the court of first instance in succession proceedings are performed by a notary, acting as a Court Commissioner, authorised by the Court, unless otherwise specified.
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