EUROPEAN COURT OF HUMAN RIGHTS IN ACTION / Alla Tymofeyeva (ed.)

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X. Y. v. the CZECH REPUBLIC

45. The case in question involves proceedings on the execution of punish- ment – fine imposed in minor offence proceedings, i.e., in criminal proceedings within the meaning of Article 6 of the Convention. The proceedings in question did not concern the lawfulness of the criminal charges against the Applicant, be- cause the lawfulness had already been decided upon with finality, and they also did not concern his civil rights and obligations. The enforced debt was not a civil law debt but a sanction for illegal acts imposed in “criminal” proceedings within the meaning of Article 6 of the Convention. 46. Therefore, in the Government’s opinion, the case law mentioned above is fully applicable to the case under consideration. The complaint of a violation of Article 6 of the Convention in the enforcement proceedings is therefore incompat- ible with the Convention ratione materiae and, accordingly, it is inadmissible pursuant to Article 35 §§ 3 and 4 of the Convention. b) Inadmissibility plea on the grounds of non-exhaustion of domestic remedies 47. In relation to the courts ’ alleged failure to deal with the Applicant’s a r- gument of the incorrect service of the decision on the minor offence, the Govern- ment would raise an inadmissibility plea on the grounds of non-exhaustion of do- mestic remedies. 48. After the Municipal Court’s decision on the Applicant’s appeal against the execution order, which decision did not mention the question of the due ser- vice of the decision on the minor offence, the Applicant could have filed a motion for the discontinuation of the enforcement pursuant to Section 268(1)(a) of the Rules of Civil Procedure with the substantiation that the enforcement of the deci- sion had been ordered without the decision in question having become enforcea- ble. The courts would therefore have had to examine whether or not the decision on the minor offence was duly served on the Applicant. The alleged error made by the Municipal Court could thus have been remedied at the domestic level. 49. However, since the Applicant did not file the above motion for the dis- continuation of the enforcement of the decision, this part of the application is in- admissible for the non-exhaustion of domestic remedies within the meaning of Article 35 §§ 1 and 4 of the Convention. B) O N THE MERITS (i) On the merits of the application in relation to the minor offence proceedings 50. In the case that the Court does not accept any of the inadmissibility pleas in relation to the minor offence proceedings, the Government shall express their opinion on the merits too. 51. As an enclosure with these Observations, the Government attach a copy of the confirmation of receipt of the decision on the minor offence of

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EUROPEAN COURT OF HUMAN RIGHTS IN ACTION