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Czech Republic Takeover Guide

Publications   20. 11. 2008 Link

Dagmar Dubecká and Vlastimil Pihera prepared an information document for the International Bar Association addressing the legal regulation concerning takeover bids in the Czech Republic. The document summarizes the basic principles of the new legal regulation of takeover bids in the Czech Republic, a new construction of the bid obligation, types of actions on the grounds of a takeover bid or an unfulfilled bid obligation and the method of performance of supervision over takeover bids by the Czech National Bank. The published text contains information applicable as of the editorial closing date, i.e. April 2008.

Concerning preclusion in tax law. Daňový expert, No. 5/2008

Publications   20. 11. 2008 Link

Václav Pátek published an article concerning preclusion in tax law following the resolution by the extended panel of judges of the Supreme Administrative Court in the professional tax magazine Daňový expert.

VAT News - Horses Follow Housing. TURF Magazine, September/2008

Publications   3. 10. 2008 Link

Václav Pátek, a tax expert at law firm Kocián Šolc Balaštík, prepared a contribution for the Bulletin of the Czech Union of Full-Blooded Horses and Owners of Race Horses, Český chov, which is a part of TURF Magazine. The contribution focused on a change of VAT rates for the sale of race horses resulting from the amendment to the VAT Act effective from 1 January 2009. To apply the lower VAT rate on the sale of race horses for 2009, VAT prepayment should be made before the end of the year, similar to housing for 2007.

Would you like to have a registered seat in Cyprus? Euro, No. 37/2008

Publications   9. 9. 2008 Link

Vlastimil Pihera published an article on free movement of companies in Euro. The article refers to the European Court of Justice’s expected resolution in the Cartesio case and the new possibility for companies to move their registered offices within the European Union as a result of the resolution.

Professor Dědič comments on new Transformation Act in Legal Information Bulletin No. 7/2008

Publications   5. 9. 2008 Link

Professor Jan Dědič, a partner of the law firm Kocián Šolc Balaštík, published two extensive contributions in the Legal Information Bulletin, a professional monthly for legal practice, on the new act of transformations of commercial companies and cooperatives, which became effective on 1 July 2008.

Mutual Funds– the Czech Approach. Euro, No. 30/2008

Publications   28. 7. 2008 Link

Vlastimil Pihera, attorney, and Helena Navrátilová, tax advisor at the law firm Kocián Šolc Balaštík, published an article in Euro concerning the current legal interpretation of ownership relations in respect of mutual funds and its impacts on application of the corporate income tax.

To download the article click here

Prospectus for the Public Offering of Securities in Europe

Publications   7. 7. 2008 Link

Petr Kasík and Vlastimil Pihera contributed a chapter dealing with the transposition of the Prospectus Directive into Czech law to Prospectus for the Public Offering of Securities in Europe, Volume I. The title was published by Cambridge University Press as a part of the “Law Practitioner Series” and contains a summary of the provisions of Directive No. 2003/71/EC on the prospectus and on the transposition thereof in fifteen EU Member States. The title was authored by lawyers from major European law firms.

VAT Deductions – New Prospects, Euro, No. 20/2008

Publications   26. 5. 2008 Link

Václav Pátek, a Kocián Šolc Balaštík tax specialist, writes an article in Euro on VAT deductions relating to fraudulent conduct.

To download the article click here.

Getting the Deal Through – Gas Regulation 2008

Publications   1. 5. 2008 Link

Václav Rovenský and Tomáš Sequens have recently authored the chapter on the Czech Republic for Getting the Deal Through – Gas Regulation 2008 edition, published by Law Business Research, London. The Czech chapter provides a clear and concise guide to the law governing the Czech gas market as well as many related business aspects.

Available for download here.

The International Comparative Legal Guide to: Litigation & Dispute Resolution 2008

Publications   3. 4. 2008 Link

Pavel Dejl and Radka Felgrová have recently authored the Czech chapter in The International Comparative Legal Guide to: Litigation & Dispute Resolution 2008, providing a clear guide to the basic law on dispute resolution in court and arbitration proceedings in the Czech Republic, the organisation of Czech courts and litigation under Czech law. Other points covered include assets available to the parties, instruments used by the court to direct the proceedings, types of court orders and the effects of court decisions. Arbitration is covered in a separate chapter. The Guide is published by the Global Legal Group.

To view/download click here

VAT on financial and insurance services – not just for banks and insurance companies

Publications   11. 3. 2008 Link

This article (published by C.H. Beck) by Václav Pátek (of KSB) provides a detailed legal analysis of VAT issues with a wider application than the narrowly defined specialise in the title suggests. Pátek examines selected aspects of financial and insurance services (in the current business climate no longer the sole province of banks and insurance companies) to compare Czech and EU VAT laws and to investigate whether Community law has been given full and proper effect with reference to selected services.

Pátek's contribution will assist tax consultants, advocates and all of those working in the sector of tax administration, as well as all those seeking answers to VAT application issues in the seemingly narrow sector of financial and insurance services. In particular, some of the general principles identified will be applicable in areas additional to those indicated in the title.

For further information click here

A Practical Guide to National Competition Rules Across Europe – second edition

Publications   5. 3. 2008 Link

Pavel Dejl, Pavel Nosek and Ivo Šimeček have recently completed the chapter on the Czech Republic in A Practical Guide to National Competition Rules Across Europe – second edition, published by Kluwer Law International as part of their International Competition Law Series. True to its title, the publication is a comprehensive guide to competition law in the EU, Norway and Switzerland.

As well taking an overall look at Czech competition law, the Czech chapter deals with related aspects of Community law and regulated markets legislation, cartel agreements, abuse of dominant position, competition law enforcement, powers of the Czech Antitrust Office and the law on concentration of undertakings, with illustrative recent judicial decisions.

To download this chapter, click here

The International Comparative Legal Guide to: Cartels & Leniency 2008

Publications   3. 3. 2008 Link

Pavel Nosek and Ivo Šimeček have recently written an article for The International Comparative Legal Guide to: Cartels & Leniency 2008, published by Global Legal Group, examining newly enacted provisions on regulation of cartels and the leniency program in the Czech Republic and briefly commenting on basic Czech competition law and the powers of the Czech Antitrust Office. The article also sets out basic information on proceedings before the Office, including reviews of its decisions and appeals.

The article is available here

The project financing element in PPP projects. PPP Bulletin No. 4/2007

Publications   17. 12. 2007 Link

Christian Blatchford publishes an article in the PPP Bulletin, the professional quarterly of the PPP Association, drawing attention to joint characteristics of project financing and PPP – Public Private Partnerships, i.e. the cooperation between public and private sector. To download the article (in Czech only) click here.

Leniency Regimes – second edition

Publications   6. 12. 2007 Link

Pavel Dejl, Pavel Nosek and Ivo Šimeček have recently contributed a chapter on the Czech Republic for publication in Leniency Regimes (pub. European Lawyer Limited) reflecting changes applied as from 28 June 2007 by the Czech Office for the Protection of Economic Competition and based on the ECN Model Leniency Program and the existing European Commission Leniency Program. Under the new regime, the Office may use its discretion to reduce fines imposed on parties to secret horizontal cartel agreements if they work together with the Office to detect and disclose such arrangements. The contribution is a full update on the position under the former Leniency Program dating from 2001.

Download the chapter here

Implementation of PPP should accelerate, not slow down. PPP Bulletin No. 2/2007

Publications   16. 8. 2007 Link

Christian Blatchford publishes an article in the PPP Bulletin, the professional quarterly of the PPP Association, appealing for acceleration of implementation of PPP projects in the Czech Republic as necessary. To download the article (in Czech only) click here.

Getting the Deal Through – Gas Regulation 2007

Publications   1. 5. 2007 Link

Václav Rovenský and Tomáš Sequens prepared the article on legal regulations and rules for the Czech gas market business. The contribution is part of the publication Getting the Deal Through – Gas Regulation 2007, issued by the London based analytical company Law Business Research. The publication summarizes national gas markets in 36 world-wide jurisdictions. The chapter covering the Czech gas industry was included in the publication for the first time since 2003, when the publication started.

The contribution can be downloaded from here.

Freeman’s Guide to European Property 2007

Publications   1. 3. 2007 Link

Helena Navrátilová contributed to the publication Freeman’s Guide to European Property 2007 with an article focusing on tax issues in the field of real estate in the Czech Republic. The publication analyses the details of the property market in more than thirty European countries.

The contribution can be downloaded from here.

The International Comparative Legal Guide to: Pharmaceutical Advertising 2006

Publications   31. 8. 2006 Link

Hana Heroldová and Jana Schovancová drafted a chapter dealing with regulation of advertising in the pharmaceutical sector in the Czech Republic for the publication The International Comparative Legal Guide to: Pharmaceutical Advertising 2006. In their article they reply to questions concerning advertising of medicinal products, rules regulating advertisements of health professionals and other experts dealing with health issues, including advertising of health institutions such as hospitals. The article also answers questions concerning Internet advertising in the field of pharmacy, including regulation of advertising of health technology. The publication was issued by the British publishing house Global Legal Group.

The article can be downloaded here.

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