The Regional Court in Brno examined, in its resolution file no. 27 C 86/2017 dated 9 November 2017, whether an e-mail address was sufficient as the mailing address or the last known address as per Section 142a subsection 1 of the Rules of Civil Procedure.
The Regional Court arrived at the opinion that Section 142a of the Rules of Civil Procedure did not explicitly require the call for payment to have written form and the requirement of written form could not be derived even from the purpose of the examined provision. The Regional Court also referred to Section 562 subsection 1 of Act no. 89/2012 Coll., Civil Code, as amended, according to which written form is observed also in case of transactions done by electronical or other technical means, as long as their content can be preserved and the sender identified. Thus, the Regional Court concluded that the parties to the proceedings had communicated exclusively electronically (by e-mail) during their contractual negotiations. This was a format common in their business communication done via an electronical (e-mail) address specified by the defendant, which can be deemed "mailing address" as required by Section 142a subsection 1 of the Rules of Civil Procedure.