The Czech Supreme Court has taken an unequivocal position on claims for “contingent” remedies: “[W]hen a plaintiff seeks contingent remedies in a lawsuit, section 114b of the Civil Procedure Code cannot be applied” (judgment file no. 23 Cdo 1737/2017 dated October 25, 2017). This means that courts cannot make a so-called justified request (kvalifikovaná výzva), which is essential for issuing a default judgment under section 153a of the Civil Procedure Code.
In the same judgment, the Supreme Court held: “[I]n cases where a plaintiff seeks a contingent remedy, i.e. asks for a specific remedy and – if that remedy cannot be granted – seeks another remedy as a substitute, the requirements of a default judgment – i.e. that the specific remedy sought by the plaintiff is awarded based solely on facts stated by the plaintiff – cannot be met.”