25.7.2014
News

Emission Allowances: Like a Boomerang

From 2008 to 2012, emission allowances were allocated to electricity producers in the amount determined by the National Allocation Plan. But this originally trouble-free matter may become expensive for the state.

During the first three years of the second allocation period, all allowances were allocated for free in compliance with the EU directive, which required at least 90% to be allocated for free. Thanks to the generous conditions for state aid, a solar boom started in 2009. However, despite being prepared in the autumn, the related amendment to the Renewable Resources Support Act was not passed in 2009. Consequently, photovoltaic power plants were connected under the original conditions for all of 2010 and a massive increase in funding was needed.

Although the allowances are not related to those power plants, the state, in order to obtain additional financial resources, introduced a gift tax on the allowances allocated to large electricity producers in 2011 and 2012 and obtained approx. 7 billion crowns. The Constitutional Court found the tax lawful, saying that the state may impose taxes and measures in the public interest unless doing so has a strangling effect. But according to the Regional Court in Prague, the tax violates European law. The Financial Directorate challenged the judgment in a cassation complaint and the Supreme Administrative Court (SAC) submitted the matter to the European Court of Justice (ECJ). The SAC stated that if the allowances are to be allocated for free, in its opinion, it is not possible to charge for them.

The ECJ’s proceedings may take a year, so we may not know the result until 2015. If the ECJ confirms that the tax violates European law, the SAC will confirm the judgments. But it is possible that the state will have to return all taxes, and pay a hefty fine, which would damage not only the treasury but also the Czech state’s reputation.

Other articles

26.6.2026
News

KŠB Partner Tomáš Sequens Speaks at the “Law and the Environment” Conference

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.

18.6.2026
News

KŠB Provide Insight into the Legal Support for Smetana Litomyšl Music Festival

Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.

Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.

17.6.2026
News

KŠB Sponsors 19th Annual Student Research and Professional Activities Competition at Charles University’s Faculty of Law

Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.

Kocián Šolc Balaštík was once again a partner of the Student Scientific and Professional Activities (SVOČ) competition at Charles University’s Faculty of Law. The awards ceremony for the 19th annual competition took place on June 11, 2026, with students, academics, and competition partners in attendance.