News

Compensation for air passengers

22.10.2019

The Court of Justice of the European Union stated in his judgment of 10.07.2019, file no. C-163/18 – HQ, IP, JO v. Aeagan Airlines, that a passenger who has the right to the tour operator for reimbursement of the purchase price of the Flight ticket according to the Directive 90/314/EEC, cannot claim the reimbursement of the purchase price of the ticket from the operating air carrier, even if the tour operator has been bankrupt.

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Right of first refusal under §3056 of Act No. 89/2012 Coll., Civil Code

15.10.2019

In the present case, the applicant was the sole owner of the land and the defendant was to owner of a 92/183 holding in the building, which was built on the land owned by the applicant. The remaining co-owner of the House were third parties. The defendant acquired the ownership share of the house on the basis of two purchase contracts from the previous ownership shareholders. The applicant sought the replacement of the expression of will – conclusion of the purchase contract under the pre-emptive right by the transitional provisions of §3056 of Act. No. 89/2012 Coll., Civil Code. The dispute was decided by the Supreme Court of the Czech Republic.

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WLN Conference in Lisbon

04.10.2019

We took part in the conference of Warwick Legal Network in the capital of Portugal on 19 and 20 September 2019. September 2019. Our law office represented in Lisbon Mrs Andrea Krásná. The conference was opened with gathering of the delegates from the member law offices of the WLN  at the welcoming reception in the hosting law office VSA - Vaz Serra & Associados - Sociedade de Advogados, SP, RL. The business program of the conference continued on the subject “INTERNATIONALIZATION: COMMERCE & SPORTS”. 

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M&A in health care

01.10.2019

As of 30/9/2019, we succeeded to complete an M&A transaction in which our clients sold a clinic for the purchase price of 700 mil. CZK (app. 27 mil. EUR).Our law firm represented the sellers and provided them with all legal services.

 

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Real estate transfer tax

17.09.2019

The Supreme Administrative Court stated in its decision No. 3 Afs 106/2017-90 dated 30 May 2019 that the real estate transfer tax consists of the value of the transferred real estate and the financial profit from the sale of the real estate transferred by the transferor. The Court also mentioned that the statutory VAT on the purchase price of the real estate cannot be considered as part of the transferor’s profit. According to these statements, the Supreme Administrative Court decided that the inclusion of

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Entitlement to an existing contractual penalty in case of termination by a termination clause

03.09.2019

 

The Supreme Court of the Czech Republic stated in its decision no. 23 Cdo 2615/2018, dated 29.05.2019, that if and contract is terminated by a termination clause, the existing right to a contractual penalty does not expire.

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Delivery in case of dismissal from a managerial post

27.08.2019

 

One of the legal prerequisities for the validity of the dismissal of managing employees is, according to §334 (1) od Act No. 262/2006 Coll., Labour Code, the delivery of the dismissal of the managing employee into his own hands.

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Severance pay for fixed-term and permanent contracts

13.08.2019

The question whether discrimination constitutes a higher severance pay for permanent employees than for fixed-term employees has been referred to the Court of Justice of the European Union by the Spanish Supreme Court.

The European Court of Justice came to the conclusion that a higher severance pay to workers with permanent contract does not constitute discrimination. He justified it solely by the fact that permanent employees don’t expect any termination of their employment contract, while fixed-term empl

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Mediation

30.07.2019

The Supreme Court of the Czech Republic stated in its decision of 23 April 2019, file no. 32 Cdo 594/2019, in connection with an ordered mediation, that if the parties are ordered to have their first meeting with a registered mediator and they participate at this first meeting at the same time, the mediation itself has not yet started. The mediation begins only when a mediation agreement is signed. This agreement is usually signed at the first meeting with the mediator. Therefore the first meeting with a me

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Co-ownership

16.07.2019

The plaintiff sued the defendant about the settlement of their co-ownership. Both parties owned an ideal half of the property, which consisted of a house with land. According to the legal diction, co-ownership shall be settled either by dividing the property, by selling the property freely or in a public auction, or by transferring the ownership right to one or more co-owners by compensating the former co-owner.

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