25.7.2014
News

Emission Allowances: Like a Boomerang

From 2008 to 2012, emission allowances were allocated to electricity producers in the amount determined by the National Allocation Plan. But this originally trouble-free matter may become expensive for the state.

During the first three years of the second allocation period, all allowances were allocated for free in compliance with the EU directive, which required at least 90% to be allocated for free. Thanks to the generous conditions for state aid, a solar boom started in 2009. However, despite being prepared in the autumn, the related amendment to the Renewable Resources Support Act was not passed in 2009. Consequently, photovoltaic power plants were connected under the original conditions for all of 2010 and a massive increase in funding was needed.

Although the allowances are not related to those power plants, the state, in order to obtain additional financial resources, introduced a gift tax on the allowances allocated to large electricity producers in 2011 and 2012 and obtained approx. 7 billion crowns. The Constitutional Court found the tax lawful, saying that the state may impose taxes and measures in the public interest unless doing so has a strangling effect. But according to the Regional Court in Prague, the tax violates European law. The Financial Directorate challenged the judgment in a cassation complaint and the Supreme Administrative Court (SAC) submitted the matter to the European Court of Justice (ECJ). The SAC stated that if the allowances are to be allocated for free, in its opinion, it is not possible to charge for them.

The ECJ’s proceedings may take a year, so we may not know the result until 2015. If the ECJ confirms that the tax violates European law, the SAC will confirm the judgments. But it is possible that the state will have to return all taxes, and pay a hefty fine, which would damage not only the treasury but also the Czech state’s reputation.

Other articles

27.7.2026
News

Active counter-drone measures need a broader legal basis

A highly noteworthy legislative proposal was added to the VeKLEP interministerial consultation database on 21 July 2026, namely a government bill amending several laws with the aim of strengthening the resilience of critical infrastructure entities against unmanned aircraft systems. Drafted by the Ministry of the Interior, the bill includes proposed amendments to the Civil Aviation Act and the Act on the Czech Police.

A highly noteworthy legislative proposal was added to the VeKLEP interministerial consultation database on 21 July 2026, namely a government bill amending several laws with the aim of strengthening the resilience of critical infrastructure entities against unmanned aircraft systems. Drafted by the Ministry of the Interior, the bill includes proposed amendments to the Civil Aviation Act and the Act on the Czech Police.

24.7.2026
News

Tomáš Sequens and Dana Jacková Discuss the Risks of the Proposed Amendment to the Building Act

KŠB partner Tomáš Sequens and counsel Dana Jacková recently spoke to specialist news platforms Česká justice and Ekonomický deník about the proposed amendment to the Building Act, which aims to accelerate and simplify the construction permitting process.

KŠB partner Tomáš Sequens and counsel Dana Jacková recently spoke to specialist news platforms Česká justice and Ekonomický deník about the proposed amendment to the Building Act, which aims to accelerate and simplify the construction permitting process.

21.7.2026
News

KŠB Supports Smetana Litomyšl’s Charitable Grand Finale

The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.

The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.