25.7.2014
News
Disputes

Supreme Administrative Court: No Penalty in the Lázně Kyselka Case

KŠB represented Karlovarské minerální vody, a.s. in a successful lawsuit to cancel a penalty imposed on KMV by the State Preservation and Landmark Authority for an alleged administrative offence. The authorities alleged that KMV failed to look after, maintain and protect historic buildings in the municipality of Kyselka.

On KMV’s behalf, KŠB filed an administrative lawsuit against the Landmark Authority’s decision at the Regional Court in Plzeň, which cancelled the penalty on 31 January 2014 and returned the case to the Landmark Authority for new proceedings. The defendant (the Landmark Authority) filed a cassation complaint at the Supreme Administrative Court in Brno seeking remedy against the Regional Court in Plzen’s ruling. The Supreme Administrative Court upheld the decision to cancel the penalty.

In its reasoning, the Supreme Administrative Court stated that the Landmark Authority failed to follow the principle that punishment can be imposed only for deeds listed in the text of the decision. However, the Landmark Authority stated in the reasoning of its decision that the owner of the landmark buildings committed deeds which classified as delinquency, which however is not listed in the decision. Simply put, the owner of the building was punished for something which it did not commit according to the decision.

The Landmark Authority inadmissibly simplified the administrative proceedings since if said delinquencies were included in the decision it would be obliged to describe the particular deeds and, primarily, would have to prove that KMV actually committed such deeds. By failing to do so, the Landmark Authority substantially limited KMV’s right of defence.

The case has been returned to the Landmark Authority for re-discussion. In doing so, the authority is required to follow the opinion of the courts.

Other articles

13.1.2026
News

When Excessive Prevention Does More Harm Than Good

At the end of 2025, the Supreme Court of the Czech Republic ruled that the preventive retention of traffic and location data under the Electronic Communications Act infringes the rights of the persons whose data is concerned.

At the end of 2025, the Supreme Court of the Czech Republic ruled that the preventive retention of traffic and location data under the Electronic Communications Act infringes the rights of the persons whose data is concerned.

8.1.2026
Capital markets

KŠB Advises on the Establishment of FIDUROCK Retail Parks Fund SICAV

Kocián Šolc Balaštík advised Fidurock on the establishment of FIDUROCK Retail Parks Fund SICAV, an investment fund targeting qualified investors and focused on areal estate portfolio in the Czech Republic and Slovakia.

Kocián Šolc Balaštík advised Fidurock on the establishment of FIDUROCK Retail Parks Fund SICAV, an investment fund targeting qualified investors and focused on areal estate portfolio in the Czech Republic and Slovakia.

2.1.2026
News

KŠB Announces Senior Appointments: Ivo Průša Named Partner; Dana Jacková, Jana Guričová and Ján Béreš Promoted to Counsel

Kocián Šolc Balaštík (KŠB) has recently made several senior appointments within its leadership team. Ivo Průša has been named Partner as of 1 January 2026, while Dana Jacková, Jana Guričová and Ján Béreš have been promoted to the position of Counsel.

Kocián Šolc Balaštík (KŠB) has recently made several senior appointments within its leadership team. Ivo Průša has been named Partner as of 1 January 2026, while Dana Jacková, Jana Guričová and Ján Béreš have been promoted to the position of Counsel.