Journal of the Charles University Law Faculty
Silvie Vyskočilová
Author’s affiliation:
Faculty of Law, Charles University in Prague
Service by Fiction of a Payment Order and Its Impact on Consumer Protection
Jurisprudence 2/2025 Section: Articles Page: 32-40
Keywords: payment order, service by fiction, consumer protection, ex officio control
Abstract: The article focuses on the issue of service by fiction of a payment order through the Czech data mailbox system and its implications for consumer protection. A key question in practice is whether the newly introduced method of service complies with European consumer protection standards, particularly in light of the limited judicial review of the plaintiff’s claims when the consumer fails to oppose the payment order. The article not only analyses the issue but also offers practical recommendations for legislative amendments aimed at strengthening the procedural position of consumers. Given that the digitalisation of court proceedings is inevitable, it is crucial to strike a balance between the need for speed and efficiency in decision-making and the protection of the weaker party’s rights.
