Arbitration under bilateral investment protection agreements within the EU

The EU Court of Justice issued its judgment on 6 March 2018 in Case C-284/16 (Slovak Republic v. Achmea BV). The Court concluded that arbitration clauses in investment protection agreements between EU Member States are incompatible with EU law.

New legislation of experts and interpreters

In January 2018, the government submitted new draft legislation concerning the experts and court interpreters to the House of Representatives. They should replace the current outdated law No. 36/1967 Coll. Above all, the new laws are intended to make the conditions for the exercise of these professions, their supervision and their reward more modern and more detailed. In contrast to the original ideas about the main features of the new legislation, no professional chambers should be founded, but the adminis

Pre-emptive right of co-owners

From 1 January 2018, the legal pre-emptive right of the co-owners of real estate comes into force. This legal pre-emptive right was anchored in the old Civil Code and abolished by the new Civil Code in 2014. Now it is reintroduced by a new Civil Code amendment.

Subdivision

From 1 January 2018, there will be an important new way for the division of land. In contrast to the previous regulation, a plot can now also only be divided on the basis of the simple notification from the building authority about the approval of the plot division. Previously, this could only happen when the legal relationship to the land plot changed (for example, when transferring the ownership right to the separated part). From now on it will be possible to divide a plot in advance and then only transfe

Constitutional Court on electronic sales evidence

On 12 December 2017, the Constitutional Court decided about the request for the repeal of the Law on the sales evidence. The law was not completely repealed. However, the Constitutional Court has declared some of its individual provisions for unconstitutional. So-called third and fourth phase of the introduction of the electronic sales evidence, which were planned for the year 2018, were stopped. However, those entrepreneurs who have already had to introduce the evidence (restaurants, hotels, wholesalers and retailers) are not exempted from this obligation.

Register of the beneficial owner of corporations

From January 1, 2018, legal entities have a new obligation to enter the data about their beneficial owners into register newly established for this purpose. This register will not be publicly available.

Amendment of the Building Act

On January 1, 2018, an amendment to the Building Act and other 44 laws will enter into force. The main purpose of the amendment was to simplify the construction process. For example, the so-called "coordinated procedure" has been introduced, which allows only a single application and one decision for complicated construction projects. In addition, many details have been redefined in all aspects of the construction process. Interesting is also e.g. a restriction of the rights of ecological associations to be

Better enforceability of the debts of apartment owners

On 1 December 2017, an amendment to the Code of Civil Procedure, the Law on Insolvency and the Law on Foreclosure will come into force, improving the position of the apartment owners associations in the forced sale of the apartments of the debtors.

New Administrative Offences in the Act on Labor Inspection

We have already informed you about some of the changes in the Act on Employment brought in by the Act No. 206/2017 Coll. (see http://www.baroch-sobota.cz/en/new-evidence-of-facultative-compensation). However, this Act changes also other Acts, such as Labor Code or Act on Labor Inspection. {READMORE}}

Regarding the changes in the Labor Code, a new Section 307b regulating the obligations of the employment agency and the user in connection with the temporary assignment of an employee of the employment agency

Exchange of lifts in the house with units

In its decision from 27.06.2017, no. 26 Cdo 2657/2016, the Supreme Court dealt with the question whether the exchange of lifts in the house with owner-occupied apartments (units) is an important matter enough to be a subject to judicial review according to § 1209 para. 1 Civil Code.