How can a Senegalese company litigate in the Czech Republic

Understanding whether Czech courts can hear your dispute

The first strategic question before investing resources in litigation is determining whether Czech courts possess what lawyers call "jurisdiction". This question has two components: whether the Czech court system can lawfully hear disputes like yours, and whether the particular Czech court in the right location can hear your specific case. Both matter, and both contain surprises for Senegalese companies unfamiliar with EU law.

The fundamental rule is straightforward. Under the Brussels I bis Regulation, which governs civil and commercial disputes across all European Union member states, courts of the member state where the defendant is domiciled generally have jurisdiction.

If your Czech business partner or debtor is registered and operating in the Czech Republic, Czech courts almost certainly possess jurisdiction over a claim you bring against them.

This principle applies regardless of where your company is based—whether in Dakar, another Senegalese city, or anywhere else globally. However, the Brussels I bis Regulation establishes multiple grounds for jurisdiction beyond the defendant's domicile, and understanding these alternatives can sometimes benefit your case strategy.

For contract disputes, you may also sue in the courts of the place where the contract was performed or should have been performed.

The regulation also respects choice-of-court agreements (prorogation clauses), which are clauses in your contract specifying which country's courts will resolve disputes. If you signed a contract that explicitly states disputes must be resolved in Senegalese courts or in an international arbitration tribunal, Czech courts will generally decline jurisdiction.

Where Senegalese companies trip up: The jurisdictional surprises

Understanding the general jurisdictional framework is necessary but insufficient. ARROWS Law Firm lawyers regularly handle disputes involving Senegalese and other African companies, and the firm has observed that the complexity lies in the application, not the theory. Several practical situations create unexpected complications for foreign litigants.

First, many Senegalese companies assume that if they have no physical presence in the Czech Republic, Czech courts cannot touch their case. This is incorrect regarding their ability to sue . Under the Brussels I bis Regulation, defendant domicile determines jurisdiction.

If the company you are suing is domiciled in the Czech Republic, Czech courts have jurisdiction even if you operate your Senegalese business entirely from Dakar and have never set foot in the Czech Republic.

Second, choice-of-court clauses require careful drafting to be enforceable. A vague clause stating "disputes shall be resolved in accordance with the laws of Senegal" creates a choice of law, not necessarily a choice of court. The choice-of-court clause must explicitly designate a particular court or forum with clarity.

If your contract contains ambiguous jurisdictional language or fails to meet formal requirements under Czech and EU law, the clause may be deemed invalid, leaving the default jurisdictional rules to apply.

Third, the concept of "domicile" in EU law generally refers to the statutory seat, central administration, or principal place of business. For a Czech "s.r.o." (Limited Liability Company) or "a.s." (Joint Stock Company), the registered office in the Commercial Register is decisive.

How to verify jurisdiction before you invest time and money

Before advancing toward litigation, ARROWS Law Firm recommends a preliminary jurisdictional analysis that takes perhaps two to three weeks but can save you months of wasted effort. This analysis begins by identifying the defendant's legal status.

ARROWS lawyers will determine if the Czech entity is a limited liability company (s.r.o.) or another form and verify its registered office in the Commercial Register (Obchodní rejstřík).

Next, carefully review any contract between you and the defendant. Does the contract contain a choice-of-court clause or an arbitration clause? If either exists, the clause may control jurisdiction regardless of the general Brussels I bis Regulation rules.

Finally, evaluate whether your dispute involves subject matter that falls under exclusive jurisdiction rules. If your dispute is about real property located in the Czech Republic or the validity of corporate decisions of a Czech company, Czech courts have exclusive jurisdiction.

The pre-litigation demand letter: A non-negotiable first step

Before you file a single document in court, Czech law requires that you send a formal pre-litigation demand letter. This requirement surprises most foreign businesses who assume they can simply file a claim when disputes arise.

In fact, failure to send this letter carries financial consequences: even if you win your case on the merits, the court will likely refuse to award you reimbursement of your legal costs and court fees.

You must send the demand letter at least seven days before filing your lawsuit in court to demonstrate good faith.

The pre-litigation demand letter in Czech law is called the předžalobní výzva . It is not a casual reminder. It must be a document that identifies the claim, quantifies the amount owed, and clearly warns that legal action will follow if payment is not received.

ARROWS Law Firm recommends that Senegalese companies have the demand letter drafted by experienced Czech lawyers to ensure it contains the specific "call to action" phrasing required by Czech jurisprudence.

The court system: Which Czech court hears your case

The Czech court system for commercial disputes operates in layers. At the first instance level, district courts ( okresní soudy ) hear the vast majority of commercial disputes, including contract breaches, debt collection, and damages claims.

Territorial jurisdiction within this system generally depends on where the defendant has its registered seat. If you are suing a Prague 4-based company, you will file in the District Court for Prague 4.

Filing in the wrong district court will result in the court declaring itself incompetent and transferring your case, which can delay proceedings by several months.

Above the district courts sit regional courts ( krajské soudy ), which primarily hear appeals from district court decisions. At the very top sits the Supreme Court of the Czech Republic ( Nejvyšší soud ), which hears extraordinary appeals on questions of law.

Critical procedural rules: The evidence architecture and the burden of proof

Czech civil procedure operates according to principles different from Common Law systems. The most critical difference is the absence of US-style pre-trial discovery. You generally cannot compel your opponent to produce internal documents or sit for depositions before the trial begins.

This creates a strict reality for foreign litigants: you must largely possess your evidence before filing your claim. This is known as the burden of allegation ( břemeno tvrzení ) and burden of proof ( břemeno důkazní ).

You must assert specific facts and attach evidence to prove them, as the court generally does not investigate the truth on its own.

The burden of proof rests entirely on you as the plaintiff. If you allege that a Czech company owes you money, you must submit documentary evidence: the contract, the delivery notes, the acceptance protocols, and the unpaid invoices.

All evidence must be submitted in Czech. Documents in French, English, or Wolof must be accompanied by an officially certified Czech translation prepared by a translator registered with the Czech Ministry of Justice.

For a robust legal strategy, budget for certified translations of key contracts and correspondence, as English documents are technically inadmissible unless the other party explicitly agrees to them.

How to prepare your claim: The procedural blueprint

The claim ( žaloba ) is a legally structured document that must comply with specific formal requirements defined in § 79 of the Czech Code of Civil Procedure. The claim must contain exact identification of both parties, a clear narration of decisive facts, and the identification of evidence.

It must also include a precise petition ( petit ) stating exactly what you want the court to rule. The statement of claim must be filed in Czech; courts will refuse to accept a claim filed in English or French.

Filing is best done electronically via the Czech data box system ( datová schránka ) of your legal representative to ensure immediate delivery and official proof of filing.

Court fees must be paid upon filing or upon the court's request shortly thereafter. The fee is calculated based on the monetary value of your claim according to the Act on Court Fees.

For claims between CZK 20,000 and CZK 40,000,000, the fee is 5% of the claim amount. If you fail to pay the fee, the court will stop the proceedings.

Service of the claim and the defendant's response

Once you file your claim, the Czech court serves it on the defendant. Since your opponent is a Czech company, service is usually straightforward. The court sends the documents to the defendant's Data Box ( datová schránka ), which every Czech legal entity is required by law to have.

After receiving the claim, the defendant typically has 30 days to file a written defense ( vyjádření k žalobě ). The defense must respond to your factual allegations.

If the defendant fails to file a defense within the court-ordered deadline, the court may issue a judgment by acknowledgement ( rozsudek pro uznání ), assuming the defendant has accepted the claim.

The written procedure, preliminary hearings, and evidence presentation

After written submissions are exchanged, the court often schedules a hearing ( jednání ). In Czech civil procedure, the judge plays a central role. The judge leads the hearing and conducts the questioning of witnesses.

Expert witnesses play an important role in technical disputes, such as construction defects or machinery failure. The court may appoint an independent expert from an official state registry, and the conclusions of this court-appointed expert are often decisive for the judgment.

The principle of "concentration of proceedings" means that usually, all facts and evidence must be presented by the end of the first hearing.

Evidence submitted later may be rejected by the court unless the party proves they could not have submitted it earlier. This puts pressure on Senegalese plaintiffs to have their case fully prepared before the first hearing.

Risks and practical pitfalls for Senegalese companies in Czech litigation

Payment order procedures: A faster alternative for clear debts

For monetary claims, the court often issues a Payment Order ( platební rozkaz ) immediately upon reviewing the lawsuit, without a hearing, if the claim appears factually substantiated.

The Payment Order orders the defendant to pay the claimed amount plus costs within 15 days of service or to file a formal resistance ( odpor ). If the defendant pays, the case ends; if they do nothing, it becomes a final judgment.

Since the defendant is a Czech entity, utilizing the Payment Order procedure is highly effective as it forces the defendant to react quickly.

There is also an Electronic Payment Order ( elektronický platební rozkaz ) for claims up to CZK 1,000,000. It requires a specific electronic form and electronic signature but follows similar logic.

Arbitration as an alternative to court litigation

If your contract contains a valid arbitration clause, you must pursue arbitration. The Czech Republic is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

This means an arbitral award issued in Prague is enforceable in Senegal, and vice versa.

The Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic is the main permanent arbitration body in Prague. Arbitration can be faster and confidential, but often more expensive upfront than court fees.

Enforcement: Converting judgment into payment

A judgment is only paper until enforced. If the Czech defendant does not pay voluntarily after judgment, you must initiate enforcement ( exekuce ). In the Czech Republic, enforcement is conducted effectively by private Judicial Bailiffs ( soudní exekutoři ).

The state empowers these private officials to seize assets. Once you obtain a final judgment, you select a bailiff and file a motion for enforcement. The bailiff has access to central registries to find the debtor's bank accounts, real estate, vehicles, and business ownership interests.

It is crucial to check the debtor’s solvency in the Insolvency Register ( Insolvenční rejstřík ) before suing to ensure they have assets to seize.

Service of process and cross-border complications

While serving the Czech defendant is easy via Data Box, a complication arises if the Czech court needs to send documents to the Senegalese company. Senegal is not a party to the Hague Service Convention on the Service Abroad of Judicial and Extrajudicial Documents.

This means service from the Czech Republic to Senegal cannot use the streamlined Central Authority method. Instead, it must typically go through diplomatic channels or postal service if allowed by Senegalese law, which is notoriously slow.

A Senegalese company litigating in CZ must have a Czech attorney with a Power of Attorney to receive all documents instantly via the attorney’s Data Box.

Appeals and the road to final judgment

If the district court rules against you, you have the right to appeal ( odvolání ) to the Regional Court within 15 days of delivery of the written judgment. This deadline is strict.

At the appellate level, the court reviews the legal and factual findings. However, the appellate system is generally based on the principle of incomplete appellation—you typically cannot introduce new facts or evidence that you failed to present at the first instance.

Appellate proceedings usually take another 6 to 12 months, meaning a contested commercial dispute realistically takes 1.5 to 2.5 years to reach a final conclusion.

Czech court costs and fee structure

Litigation in the Czech Republic operates under the "Loser Pays" rule. Court fees are paid by the plaintiff upfront (approx. 5%), but if you win, the defendant is ordered to reimburse you.

Legal fees are also subject to reimbursement. However, the reimbursement is not based on what you actually paid your lawyer but is calculated based on a statutory Advocates' Tariff. This statutory "flat fee" per procedural act might be lower than your actual hourly legal spend.

Conclusion

Litigating against a Czech business partner from Senegal is feasible and, thanks to the efficiency of Payment Orders and private bailiffs, often effective. However, the system is formalistic. The absence of pre-trial discovery and the strict requirements for evidence presentation mean that the case is largely won or lost in the preparation phase.

ARROWS Law Firm acts as your local bridge, handling the mandatory electronic communication (Data Boxes) and ensuring certified translations and procedural compliance that foreign entities often miss.

A Senegalese company considering litigation should immediately check the defendant's status in the Commercial and Insolvency Registers, gather all written evidence, and contact Czech counsel to draft the mandatory pre-litigation demand letter.

For a preliminary assessment of your claim and jurisdiction, contact consultation@arws.cz. Do not attempt to navigate the Czech court system from abroad without a local procedural representative; the risks of default judgments or procedural rejection are too high.