Failure to check a data box may backfire!

3. 3. 2016

Judgement of the Supreme Administrative Court of the Czech Republic of 25 August 2015, Ref. No. 6 Afs 123/2015

Do you have a data box? Do you regularly check your inbox, or do you rely on the fact that you will be notified of all newly delivered data messages free of charge by email, or do you use a paid notification service via SMS?In the judgement mentioned above, the Supreme Administrative Court dealt with a complaint made by a complainant who sought annulment of a Regional Court's resolution to terminate the proceedings which were terminated due to failure to pay a court fee. The complainant objected that she could not pay the court fee in time, because she did not know about delivery of a data message that included the resolution with a call for payment of the court fee, due to the failure of the SMS system providing notification of notice delivery to a data box.

As expected, the Supreme Administrative Court dismissed the complainant's objection by concluding that a technical problem mentioned by the complainant did not, by itself, prevent her from accessing her data box. The complainant did not regularly check her data box and relied on SMS messages; therefore, she ran the risk that any failure of the notification application, mobile operator or telephone may affect her, because any malfunction or failure of notification concerning delivery of a data message to a data box does not cause ineffectiveness of delivery of the data message. Notification of delivery of a data message via email or SMS is only an ancillary service without any effect under the law.


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