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Key facts of the case:

The Technical University of Ostrava (Technická univerzita v Ostravě) was running a project that was co-financed by the EU Operational Programme Research and Development for Innovations. The Ministry of Education, Youth and Sport (Ministerstvo školství, mládeže a tělovýchovy) decided to stop the funding as it claimed that the Technical University of Ostrava broke financial rules. The Technical University of Ostrava appealed to the Municipal Court in Prague to review the decision of the Ministry. The Municipal Court in Prague came to a conclusion that according to paragraph 14e of Act No. 218/2000 Coll. on Budgetary Rules (Zákon o rozpočtových pravidlech) this question must not be judged by a court and refused to decide. The Technical University of Ostrava filed a cassational complaint to the Supreme Administrative Court. The Supreme Administrative Court ruled that this question should be decided by the Constitutional Court.

The Constitutional Court argued that the fact that a decision is not reviewable by a court is not compatible with Article 36 of the Charter of Fundamental Rights and Basic Freedoms (the right to a fair trial), with the general principles of EU law (the need for a judicial review of any decision of national authority) and probably with the Charter.

Outcome of the case:

The Constitutional Court decided that every decision must be reviewable by court and it accordingly amended the national law, Act No. 218/2000 Coll. on Budgetary Rules.