Amendment to the Code of Distraint Procedure
These costs (i.e. the distrainer’s fees, overheads and other expenses) receive the status of first class receivables when the classification of the distraint estate takes place; this is why they shall be satisfied with priority, i.e. prior to the creditor’s receivable for which the distraint was opened. The change is anchored in the amended second paragraph of Section 68 of the Code of Distraint Procedure (which applies to distraints by sale of movables) or Section 70 (which applies to distraints by sale of a business). The provisions of Section 89 were amended as follows: if the distraint is suspended due to the obliged party’s lack of assets the entitled party shall reimburse the distrainer for both fixed and reasonably spent expenses. Since Act No. 347/2007 Coll. does not contain any transitory provisions, the new provisions shall apply to distraint proceedings commenced prior to the effective date of the amendment.
Other articles
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.
KŠB Runs for a Good Cause
On Tuesday, 8 September three teams from KŠB took part in the eighth annual Good Will Run organised by the Olga Havel Foundation in Prague’s Hvězda Park. Proceeds from the entry fees will go towards supporting families facing difficult circumstances due to serious illness, loss of housing or domestic violence.
