Legal Q&A · Litigation & Damages

Our company did not read a judgment in its electronic mailbox. Is it still treated as served?

Law as at 10 September 2026

Short answer

Generally yes. A legal entity's electronic mailbox is activated for service by law, and a judgment is served personally: service occurs when the delivery receipt is confirmed or, at the latest, when the 15-day collection period expires, even if nobody opened the message. The appeal period runs from service, after which the judgment becomes final. Later remedies are narrow and require proof of objective reasons, so monitoring the mailbox is cheaper than explaining afterwards.

The electronic mailbox on slovensko.sk is not an email inbox that can wait. The state creates it for a legal entity promptly after its formation and activates it for service by law, regardless of whether anyone logs in. Courts use it as the preferred service channel, as expressly stated in Section 105(1) of the Code of Civil Dispute Procedure. The service regime is governed by the e-Government Act.

Fifteen days, then deemed service

Depositing the message in the mailbox starts the collection period:

For the purposes of this Act, the collection period is the period during which a deposited official electronic message is regarded as not served. The collection period is 15 days from the day following the deposit of the official electronic message, unless separate legislation prescribes another period.

— Section 32(2) of Act No. 305/2013 Coll. (unofficial English translation)

A judgment is served personally: its contents become available only after confirmation of the electronic delivery receipt. Failing to confirm it does not prevent the result; it merely delays it and costs you time:

An official electronic message, including all electronic documents, is deemed served […] at the time stated in the electronic delivery receipt or on expiry of the collection period without collection, whichever occurs first, even if the addressee did not learn of it […].

— Section 32(5) of Act No. 305/2013 Coll. (unofficial English translation)

Service starts the 15-day appeal period (Section 362(1) of the Code of Civil Dispute Procedure). If that too expires unused, the judgment generally becomes final. A judgment ordering performance, however, generally becomes enforceable only when the period for performance expires unused. That period is usually three days from finality unless the court specifies a longer period (Section 232 of the Code). The operative part of the judgment and any special rules on enforceability must therefore be checked. The company often learns of the judgment only from an enforcement officer.

Holidays and lack of awareness do not stop deemed service

The Act expressly provides for service even where the addressee did not learn of the message. Deemed service therefore operates while the managing director is on holiday or sick leave, and even if the only person with access has left the company. Email notifications of new messages are merely an aid that must be configured; failure to receive them does not affect the running of deadlines.

What remedies remain once a message is ‘served’?

While the appeal period runs, the solution is an appeal. After it expires, an application remains available for the authority that handled the matter to declare electronic service ineffective under Section 33(1) of Act No. 305/2013 Coll.. It must be filed within 15 days of the date you became, or could have become, acquainted with the message’s contents. You must prove either that collection was objectively impossible for a reason that neither arose on the addressee’s side nor was caused by the addressee (Section 33(1)(a)), or that circumstances on the addressee’s side would have made collection disproportionately difficult and that it would be unfair to require the addressee to overcome those difficulties (Section 33(1)(b)). A forgotten identity card, lack of access or a holiday will generally not qualify. The company must organise mailbox access so that it works without depending on one particular person.

Prevention is cheaper than rescue

In practice, this means three things: enable notifications to several addresses, add another authorised person to the mailbox, and acknowledge deliveries regularly, rather than once a month. We explain how to grant access to an accountant or lawyer in access to a company’s electronic mailbox.

How we can help

If a deadline is already running following deemed service, time is against you: see court representation. For a served payment order, we prepare an opposition. We explain how it works in payment orders and opposition. Through our external legal department, we can monitor the client’s mailbox regularly so that an enforcement officer is not the first person to tell you about a judgment.

If an unacknowledged court delivery is currently waiting in your mailbox, contact us before the period expires.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. We are being sued for a contractual penalty for each day of delay. Can the court reduce it? It can, but not automatically. In commercial relationships, Section 301 of the Commercial Code allows a court to reduce an excessively high contractual penalty, but this is an exceptional intervention in freedom of contract. Where a daily rate is agreed, a high accumulated total does not itself mean the penalty is excessive: the rate and circumstances when the obligation was breached are decisive. The defence therefore rests on specific assertions and evidence, rather than an impression of the final amount.
  2. The customer is using the works but has not signed the handover record and refuses to pay. What can we do? The precise wording of the agreement is decisive. If signing a handover record is agreed as a condition of handing over the works, courts have long held that without it the works have not been handed over and no entitlement to the price has arisen, even if the customer uses them. In 2025, Czech case law began denying protection to parties invoking the agreed form dishonestly; Slovak courts have not yet adopted that shift. New agreements should therefore include deemed handover.
  3. The works are defective. Can we claim damages as well as a price reduction? Yes, but the claims must be kept distinct. What can be obtained through defect remedies, such as repair, a price reduction or replacement performance, cannot be claimed again as damages. Consequential losses not covered by the reduction, such as profits lost during production downtime or costs caused by the defect in dealings with your customers, are claimed separately as damages. Note the statutory limit: a price reduction excludes lost profits arising from the very missing characteristic to which the reduction relates.
  4. The managing director caused the company loss, but the company is not suing. Can a member bring the claim? Yes. If the company does not pursue its own claims, typically because the wrongdoer is also its managing director or has majority support, any member may bring a claim on the company's behalf under Section 122(3) of the Commercial Code. Any recovery belongs to the company, rather than the member bringing the action. That member bears the litigation costs and is entitled to reimbursement on success. The action alone does not address the director remaining in office, so it is usually combined with other steps.

Cannot find your question? Ask your own question

Facing this situation?

Tell us what you need help with.

Describe your situation. We will review it and usually tell you within 24 hours whether and how we can help, including an indicative fee.

  1. 1Send your enquiry via this form
  2. 2Usually within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.

PDF, Word, images, ZIP… max 10 MB per file, 30 MB total.

Submitting this form does not create an engagement or attorney-client relationship. Before taking on a matter we run a conflict-of-interest check, so please do not send sensitive originals until we confirm the matter together.

Contact a lawyer