Několik poznámek k aplikaci § 31a zákona č. 82/1998 Sb. v soudní praxi
A Few Notes on the Par. 31a sec. 3 of the Act no. 82/1998 of the Coll. in Judicial Practice

Summary/Abstract: The article focuses on the relation between par. 31a sec. 3 of the Act no. 82/1998 of the Collection of Laws and the par. 136 of the Civil Procedure Code. Some courts have argued that the criteria presented in the par. 31a sec. 3 of the above mentioned act – that are supposed to help in assessing the compensation for nonmaterial damage caused by breach of administrative duty – bar the use of court´s deliberation in the sense of par. 136 of the Civil Procedure Code and so the par. 142 sec. 3 of the Civil Procedure Code cannot be applied. In the author´s oppinion the above mentioned criteria are not able to influence the court´s own deliberation and it is correct to adjudicate full reimbursement of costs even in the cases when the compensation for nonmaterial damage was not confirmed in the claimed amount.

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