Brno Regional Court nullifies the ruling against RWE Transgas, a.s. on abuse of dominant position issued by the Chairman of the Office for Protection of Economic Competition
At a hearing held 22 October 2007, the Brno Regional Court nullified theruling issued by the Office Chairman (of 12 March 2007). The ruling had imposeda fine of 240 million CZK imposed on RWE Transgas. The matter has now beenreturned to the Office Chairman for reconsideration, on grounds that theadministrative ruling was unreviewable.
The court held that the Office Chairman's ruling was unreviewable chieflybecause the Chairman had imposed a fine under both Czech law and Community lawin parallel for the same act. The court ruled that under current provisions ofCommunity law, a dominant undertaking cannot be penalised in the sameproceedings under Section 11 Czech Act on the Protection for EconomicCompetition as well as Art. 82 EC Treaty, since to do so would offend againstrule prohibiting dual punishment for a single act (i.e. ne bis in idem).
The judgement of the Brno Regional Court has come into legal effect and theOffice has repaid the fine of 240 million (already paid by RWE Transgas) to thecompany.
Other articles
KŠB advises J&T Banka, Unicredit, PPF Banka, Česká spořitelna and Komerční banka on the next phase of EMMA Capital's bond programme
KŠB is continuing its previous legal advisory work for J&T, Unicredit and Česká spořitelna on the bond programme of the investment group EMMA Capital, which is recording strong investor interest on the market again in the second half of the year.
KŠB secures landmark Supreme Court ruling on size premiums in squeeze-out valuations
Kocián Šolc Balaštík (KŠB) has obtained a significant victory before the Czech Supreme Court in a dispute over the fairness of the consideration paid to minority shareholders in Léčebné lázně Mariánské Lázně a.s. In its judgment in case no. 27 Cdo 1678/2025, the Court dismissed the claimants’ appeal and upheld the lower courts’ decisions. KŠB lawyers Radka Felgrová and Vlastimil Pihera represented the company and its majority shareholder.
KŠB advises on the sale of a majority stake in Znakon Group to enteria
KŠB provided legal advice on the sale of a 75% stake in Znakon, Znakon Asfalt and Znakon Servis to enteria, a Pardubice-based group and one of the Czech Republic’s largest construction holdings.
