Access Of Third Parties To The Administrative File Under Recent Case Law

The Supreme Administrative Court and Regional Court in Brno released two decisions that are inconsistent with existing practice. The courts held that under certain circumstances third parties may have some rights that according to the Administrative Order belong to the parties only, including access to the administrative file.

Current practice of the Czech Competition Authority

According to Section 38 paragraph 1 of the Czech Administrative Code, parties to proceedings and their representatives have the right to access the administrative file, even after the decision has been issued.

Third parties are allowed to access the file only if they have proven a legal interest or other serious reason. At the same time, any right of the parties to the proceedings, other persons involved or public interest must not be infringed (see Section 38 paragraph 2 of the Administrative Code).