Recent ECJ Decisions

On 15 March 2007 the European Court of Justice (ECJ) gave judgement in Reemtsma (case C?35/05), a claim for repayment of tax in another Member State under the Eighth Directive (or Section 82 VATA). The ECJ Decision formulated general principles applicable to repayment of tax and hence knowledge of these principles is important both for any Czech tax payer requesting repayment of tax in another Member State, as well for persons liable for tax in another Member State who seek a tax refund in the Czech Republic. The obligations of the tax authority are limited to refunding tax deducted by a supplier under VATA. Refund of tax applied to supplies by mistake, in error or in ignorance by the supplier is inadmissible. Only the supplier is eligible to apply for a tax refund. In exceptional circumstances, if it would be unreasonably difficult or impossible to refund tax to the supplier, Member States nevertheless have a duty to create instruments to allow them to repay tax directly to the recipient of the supply.
Other articles
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.
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.
KŠB Attorneys for legalweb: Let’s Keep the Current Flexible Approach to Judicial Recesses
KŠB attorneys Hana Dejlová and Radka Felgrová participated in a legalweb survey discussing whether Czechia should officially introduce judicial recesses and proposed changes to the country’s court system.