In a significant ruling, the Czech Constitutional Court has dismissed a claim made by the Principality of Liechtenstein regarding property near Kolin in Central Bohemia. Judge Tomas Lichovnik announced the court’s decision, stating that it was not possible to bypass restitution legislation through alternative lawsuits.

The Liechtenstein family had once held extensive property holdings in the Czech lands but lost them in 1945 based on the Benes Decrees. In an attempt to establish ownership and regain control of the properties, the Prince of Liechtenstein Foundation, led by reigning Prince Hans Adam II, initiated a series of lawsuits in Czech courts five years ago.

While one claim was filed with the court in Kolin, it was ultimately not upheld. Judge rapporteur Milada Tomkova, who had been handling the case, concluded the ruling before the announcement as her term of office ended.

The lawsuit targeted various state institutions that currently own the disputed properties, including forest and water management companies administered by the Office for State Representation in Property Matters, the State Land Office, the Ministry of Education, and the Road and Motorway Directorate.

The Liechtensteins’ legal efforts faced setbacks, with their lawsuit being dismissed by the district court and their subsequent appeal to the Prague Regional Court proving unsuccessful. The district court deemed the lawsuit an attempt to create legal uncertainty for the current owners, while the Supreme Court stated that the properties had been transferred to the state when the decree took effect in 1945. It is important to note that the cut-off date for most restitution claims is recognized as 1948.

Furthermore, the Liechtensteins were unable to substantiate their allegations of defects in the confiscation procedure or procedural errors. In their constitutional complaint, the foundation invoked the protection of property rights, citing discrimination.

In 2018, the foundation initiated similar lawsuits in several district courts across the Czech Republic, arguing that the last holder of the family estates, Franz Joseph II of Liechtenstein, was a citizen of neutral Liechtenstein and the head of a sovereign state, rather than Germany.

Last year, the district court in Breclav, South Moravia, dismissed another suit brought by the Liechtensteins against state institutions, which also involved properties such as the castles of Lednice and Valtice, formerly owned by the House of Liechtenstein.

Article by Prague Forum