News

At the beginning of March 2012 the Supreme Administrative Court in Brno satisfied a second cassation complaint lodged by Czech Radio. Claiming non-reviewability, the Supreme Administrative Court once again dismissed the Prague Municipal Court’s judgment whereunder Czech Radio was not allowed to exercise a claim to have VAT deducted on the grounds that it collects broadcasting fees. Czech Radio, represented by Kocián Šolc Balaštík, disagreed with the Municipal Court’s judgement.

On 1 April 2012, everyone working with public contracts in a professional manner will be faced with substantial changes brought on by the new amendment to the Public Contracts Act, which is one of two amendments to come into force on 1 April. Changes are also set to take place in relation to arbitration, especially with regard to so-called consumer-related disputes. The brief summary below provides important information on the key impacts of the two upcoming amendments.

The first 2012 issue of KSB’s quarterly newsletter features articles on the New Transparency Act, the new law supporting alternative energy sources, and the issue of re-exporting pharmaceuticals, which has become a hot topic in the industry. X Lege also continues to summarize the most important changes to be introduced on corporations since 2014 as a result of the recodification of the Czech civil and commercial law, this time focusing on joint-stock companies. Executives and company body members, namely those who receive remuneration for performing their office, may find it interesting to read about the new changes affecting the mandatory pension, sickness, and health insurance schemes.

Law firm Kocián Šolc Balaštík, as one of only five top domestic law firms in the Czech Republic, has been nominated for this year’s Chambers Europe Awards for Excellence 2012 in the category of National Firms. This prestigious award is given by the renowned British rating agency Chambers and Partners.

Kocián Šolc Balaštík has become a partner of New York State Bar Association’s Prague Regional Meeting. The event will be held by the Czech Bar Association and NYSBA’s International Section at the Czech Bar Association’s training center on 9 March 2012 with the support of UNCITRAL.

Drahomír Tomašuk, KSB’s specialist in the field of electronic communications, IT and personal data protection, recently authored a contribution for the international publication The Technology, Media and Telecommunications Review, Second Edition, in which he summarizes the current state of the Czech telecommunications market.

Dagmar Dubecká has become the new managing partner of Kocián Šolc Balaštík, stepping into the role previously held by Martin Šolc, one of KSB’s founders.

Liability for unpaid tax; Collective corrective tax document; Specialized Financial Office

Martin Šolc, a founding partner at Kocián Šolc Balaštík, was recently named the 2011 Lawyer of the Year in the Czech Republic in the category of Commercial Law. Martin has thus become a two-time winner of the award, having been previously honoured in 2007, the third year of the competition.

Representing RWE Transgas in proceedings at the Regional Court in Brno, KSB was recently successful in getting a CZK 240 million fine nullified for a third time. The fine was originally imposed by the Competition Authority in 2006 for RWE Transgas’s alleged violation of competition on the wholesale gas market.

In the international publication IFLR M&A Guide 2011, Dagmar Dubecká, Martin Kubík, and Christian Blatchford describe the current situation on the mergers and acquisitions market in the Czech Republic, including the legal regulation of individual types of M&A transactions and aspects of competition law.

Kocián Šolc Balaštík kicked off the new year by helping complete a significant transaction: the sale of UG Air, an operator of duty free and fashion shops at the international airport in Prague, to Aelia Czech Republic s.r.o.

Summary of the most substantial legislative changes to take effect in 2012. The changes will have an impact on commercial law, corporate law (including criminal liability of corporations), labour law, tax, real estate, administrative justice, electronic communications, and a number of other areas and industries.

Liability for unpaid tax; Collective corrective tax document; Specialized Financial Office

Kocián Šolc Balaštík was recently honoured once again as one of the best law firms in the Czech Republic and, for a remarkable fourth year in a row, it won the distinguished Law Firm of the Year 2011 award in the category of Company and Competition Law.

On Sunday 13 November 2011 the seventeenth charity concert of the Olga Havel Foundation’s Good Will Committee was organized by Kocián Šolc Balaštík in the Church of St. Simon and St. Jude in Prague. The funds from the concert, which were raised thanks to significant contributions from KSB’s clients, friends, business partners and colleagues, will be used to support the Good Will Committee’s Senior project.

On 7 October 2011 Lidové noviny’s Law & Justice section featured the reflections of Martina Parusová Zímová and Christian Blatchford on the drawing of lots and whether such a practice is a legitimate way to reduce the number of bidders in public tenders. These two KSB lawyers do not consider the method transparent and non-discriminatory and believe it should therefore be removed from the Public Contracts Act.

In connection with the recodification of the civil and commercial law, significant changes are expected concerning the formation of commercial companies or cooperatives and the process of making changes in the Commercial Register. Notaries would newly be allowed to make entries into the Commercial Register (after preparing a public deed), and it would no longer be necessary to file applications for entries into the Commercial Register at a court, which could save entrepreneurs both time and money.

The latest issue of X Lege features a collection of articles on a number of recent developments: changes in energy law; the amendment to the Labour Code; the amendment to the Act on the Transformation of Companies and Cooperatives; and the update on the conflict between overlapping functions. It also offers a summary of the most significant changes applicable to limited liability companies under the new Act on Corporations, which is being prepared concurrently with the new Civil Code. Due attention is also given to news concerning community law (the Regulation on Energy Market Integrity and Transparency and the new Consumer Rights Directive).

Law firm Kocián Šolc Balaštík represented Menghem Equity Limited on the sale of 100% of the shares in TRADE and TECHNOLOGY a.s., which indirectly operates Skylink, the biggest DTH (Direct to Home – Satellite TV) operator in the Czech Republic and Slovakia.

In a joint project with Patria Finance, Kocián Šolc Balaštík has launched a legal site on Patria.cz, where it will supply legal information for the Czech Republic’s leading investment portal. The legal site endeavours to cover news on legislative procedures as well as problems and issues resulting from actual legal practice. Contributors to the site include associates and partners throughout KSB’s entire firm.

Liability for unpaid tax; Collective corrective tax document; Specialized Financial Office

The “Úplná znění předpisů (ÚZ)” Series has published a brand new issue dealing with the energy sector. The new “ÚZ ENERGETIKA” provides a summary of laws applicable to the energy sector in the Czech Republic and represents the first publication of its kind on the Czech market.

On 29 August 2011 Lidové noviny published an article by KSB lawyer Christian Blatchford on the British Bribery Act 2010 in its Law & Justice supplement. The Bribery Act, which came into force on 1 July 2011, may have a certain impact on Czech corporations which have a business connection with Britain. Its impact, however, is unlikely to be as great as originally expected.

Martin Šolc, a partner at KSB, recently published his reflections on the highly publicized but rather unsuccessful fight against corruption in Hospodářské noviny’s Leaders Voice column on 2 September 2011.

Dagmar Dubecká, a KSB partner, and Sasha Štěpánová, a KSB attorney, commented on current affairs and trends on the Czech legal services market for Top Legal International.

E-mailed tax documents Corrections to provided discounts and bonuses

The amendment to the VAT Act

Kocián Šolc Balaštík provided legal advice in connection with the Equa Internet Bank project.

Kocián Šolc Balaštík provided legal consulting to the Austrian Bank Gutmann Aktiengesellschaft regarding the establishment of the bank’s Prague branch office.

Kocián Šolc Balaštík provided Advanced World Transport a.s. with legal advice on intra-group restructuring.

Kocián Šolc Balaštík acted for DAF Trucks N.V. in creating a new business partnership with TATRA, a.s. DAF will supply engines and cabins to TATRA for a new model of TATRA trucks and will take a shareholding in the company. KSB has provided legal and tax advice to DAF over a period of several years.

Kocián Šolc Balaštík provided SLOT Group with full-service legal and tax consulting on the Group’s internal restructuring.

Czech newspaper Hospodářské noviny featured an interview with Jiří Horník, KSB’s aviation law expert, focused on air passenger rights.

Czech newspaper Hospodářské noviny featured an article by Martin Šolc’s in its “Leaders Voice” column on 22 July 2011. In the article Martin reflects on Czech attitudes to law. Shouldn’t we be aware of the principles on which laws are based rather than yearning for more and more regulations to cover every eventuality? And does everyone sufficiently respect the law?

The first issue of X Lege, KSB’s new newsletter, features an article on the conflict between the simultaneous functions of statutory office and employment in the same company, for which the applicable law has yet to find a complete solution, examines the practical impacts of the Consumer Loan Act and brings attention to the new Corporation Act which is being drafted together with the new Civil Code. The entire issue is available here For more information click here

Kocián Šolc Balaštík has prevailed in administrative proceedings before the Antimonopoly Office (the “Office”) concerning a public tender announced by the City of Havířov, as the contracting authority, for the provision of legal and economic advisory services relating to a planned concession for the construction and operation of a PPP car park in Havířov.

Kocián Šolc Balaštík advised Japan-based Keihin Corporation on the Czech aspects of Keihin’s take-over of Japan-based Showa Denko’s heat exchanger for automotive A/C manufacture operations, including Showa Denko’s subsidiaries in the USA, China, Thailand and the Czech Republic.

E-mailed tax documents Corrections to provided discounts and bonuses

VAT: Action of the European Commission against the Czech Republic

E-mailed tax documents Corrections to provided discounts and bonuses

Single collection point

Václav Rovenský and Tomáš Sequens prepared a chapter focused on the Czech Republic for the international publication Getting the Deal Through – Gas Regulation, 2011 edition; the chapter summarizes legal regulations and conditions for business activities on the gas market in the Czech Republic. The publication was issued by the London based market analysis company Law Business Research Ltd.