Count Kinský fails to get his case solved by EU Court

Tomáš Fránek
12. 3. 2008 7:00
Constitutional court turns down his complaint
Kinský Palace on the Old Town Square claimed by nobleman Kinský
Kinský Palace on the Old Town Square claimed by nobleman Kinský | Foto: Tomáš Adamec, Aktuálně.cz

Brno - It is one of the most complex battles in Czech legal history and it may still take some time before the winner is known.
Count František Oldřich Kinský, suing the Czech Republic for billions of CZK in property, has failed again with another complaint about Czech courts yesterday.

The Constitutional Court turned down Kinsky´s complaint about the verdicts issued by courts in Děčín and Liberec in northern part of the country.

Moreover, Viennese-born Argentinean businessman František Oldřich Kinský, offspring of one of the most influential aristocratic families in Europe, failed to make the constitutional judges stop the proceedings altogether and instead forward his case to the European Court of Justice in Luxembourg.

All Czech judges biased

Count František Oldřich Kinský, also known as Franz-Ulrich, is convinced that there is no judge in the whole Czech Republic that would prove independent and impartial in his or her judgment. Therefore Kinský is trying to get his case solved abroad.

"The accuser [Count Kinský] feels aggrieved by inteference of the legislative and executive powers in the court proceedings, which makes the courts lose their impartiality," stated Kinský in his complaint.

The Constitutional Court Senate, headed by Jiří Nykodým, turned down his complaint about the courts´ lacking objectivity. Similarly, in the rest of Kinský´s complaints, the court stated forwarding the case to the European Court of Justice would be pointless.

In Kinský´s previous cases the constitutional judges stated that interference of politicians is not acceptable. The constitutional judges criticized, for example, the Ministry's action.

Interference unacceptable

But that was not enough to cast doubts on the courts´ verdicts.

"Pressurizing by politicians through speeches in public is absolutely unacceptable and is against the political culture of a democratic legal state. It is not a reason good enough to consider the courts bias," said the constitutional judges.

Kinský has filed 157 lawsuits seeking the restitution of property worth of billions CZK that was allegedly illegally confiscated from the Kinský family. His parents lost the property after the Second World War after being accused of collaborating with the Nazis.

Kinský Palace at the Old Town Square, premises in the Děčín Region and 32 hectors in the Rakovník region are among property claimed by Count Kinský.

 

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