The right to compensation for damage caused by an unlawful decision has the parties (including omissions) in which a decision was issued, as a result of which they suffered property or non-property damage. However, it is not enough just to disagree with the decision or to seek its annulment or to declare it incorrect at the next instance. Compensation can only be claimed if the decision has been annulled or changed for illegality after it has become legal (or if the decision is non-final but enforceable).

The definition of “maladministration” is quite broad, but in general it can be described as a violation of binding rules prescribed by legal norms for the conduct of a public authority in its activities, to which it is obliged and authorized on the basis of generally binding legislation. However, in the case of maladministration, this is not an illegal decision, but the procedure of the authority, which was subsequently reflected in its decision. It is often an unreasonable length of proceedings, where, although the decision given is legal in itself, the time until it is issued is contrary to procedural rules or reasonableness and the parties are therefore entitled to compensation for delays in the proceedings.

Any claim or right must be exercised in a timely manner, that is, before the expiration of the limitation period and sometimes even a significantly shorter limitation period. While ordinary civil claims (for performance or damages) usually expire after 3 years, in a number of cases (administrative actions, actions for annulment in employment, rental or corporate matters) these are units of months! In any case, the sooner you seek out a professional, the more chances there will be to exercise the right properly and in a timely manner.

In general, it is not necessary to be represented by a lawyer in the proceedings before the court. Exceptions are appeal proceedings, cassation complaints, proceedings before the Constitutional Court and cases of so-called necessary defence in criminal cases. However, we recommend representation by a lawyer in the remaining proceedings, especially since the lawyer will recommend the client the most appropriate course of action to protect the client's rights.

A duly served payment order becomes legal if you do not file an objection to the payment order within 15 days from the date of delivery, in the court that issued the payment order. In opposition, you express your disagreement with the imposed obligation and the court will therefore cancel the payment order. Subsequently, you will have a period of 30 days, in which you must indicate for what reason you do not agree with the filed lawsuit. If you did not complete such a justification, the court could rule by judgment of recognition.