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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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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Amendment to the Insolvency Act


On the 1st June 2019 and amendment to Act No. 182/2006 Coll on bankruptcy and methods of its solution (hereinafter referred to as “Insolvency act”) came into force, which mainly concerns the change in the conditions of debt relief of natural persons.

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Competition clause


On 2 May 2019, the Constitutional Court ruled by judgment file no. II. ÚS 3101/18 on a constitutional complaint in a case where a company sued a former employee for a breach of a negotiated competition clause. The employee had to refrain from work for a period of one year from the termination of his employment, which would be competitive for the former employer. Subsequently, the former employee violated the competition clause by working for 4 days by an employer, which has been a direct competitor to the complaining former employer.

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Lease termination


The landlord has given the tenant notice of lease pursuant to §2288 par. 1 letter (a) of Act No. 82/2012 Coll. Civil Code (hereinafter only “Civil code”) due to gross violation of the obligations set in the lease contract, which consisted in the tenant not living in the flat and leaving it to other persons without the landlords approval. Those other person as well negatively interfered with other residents.

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Amendment to the Civil Code related to the co-owners pre-emption right


The reintroduction of an unlimited pre-emption right by the co-owners has led to particular problems in relation with the transfer of ownership rights of garage spaces, land and cellars which were co-owned by all housing units owners.

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Regulation (EU) 2016/1191 of the European Parliament and Council


The Regulation (EU) 2016/1191 of the European Parliament and council of 06 July 2016 came into force on February 16, 2019, and the difficulties related to the provision of the verification of certain public documents issued by EU authorities were removed.

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News about payroll deductions


The Government Order on Unrecoverable Amounts will be amended from June 1, 2019 and its and this change will affect the calculation of wage deductions. The changes will increase the amount from which the net salary can be deducted without any restriction. It will consist twice the subsistence and the normative house costs, thus shifting the upper limit up to which the one-third system will be applied. Under the transitional provisions, the changes will apply for the first time to wages from June 2019. 

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Uncertain and unspecified claims


The Supreme Court has in its decision No.: 28 Cdo 5711/2017 dated to the 01.10.2018 partially resolved the widely discussed question of what is meant by the term “uncertain and unspecified claims”.

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WLN Conference in Milano


From March 21st until March 23nd 2019 Warwick Legal Network conference took place in Milano in Italy. The event was hosted by member firm Bureau Plattner including lawyers, tax advisers and auditors, which is present in Italy in Bolzano, Milan and Merano.

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