23.6.2016
News
Disputes
Tax

Success for KSB in the proceedings before the European Court of Justice

KSB has been representing Czech Radio in a long running dispute of many years with the Board of the Financial Directorate on the issue of the right to deduct VAT. An important point of contention was whether license fees are in fact a payment for public service broadcasting. Now KSB has achieved another success in the case. The European Court of Justice (ECJ), on the initiative of the Supreme Administrative Court, expressed the view in its decision that license fees are not deemed to be consideration paid for public broadcasting, and therefore fall outside the scope of the directive on VAT.

The ECJ did not agree with the arguments of the Czech government, according to which Czech Radio is in a "triangular legal relationship" between the Czech state which instructs Czech Radio to perform tasks in the public interest consisting in the provision of public service broadcasting, and recipients of services, to whose expense the Czech state prescribes the mandatory fee set by law. According to the ECJ, even in the case that such tripartite legal relationship is given, there is no direct link between the public broadcasting service of Czech Radio, and this fee.

According to the ECJ decision, which will now be mandatory for Czech courts, such simply stated revenue from the license fees are not included in the coefficient for reducing VAT deduction.

Other articles

8.7.2025
News

Advising J&T on the preparation of another bond programme – the Europacity Berlin project.

KŠB provided legal advice to its long-standing client, the J&T group, in connection with the preparation of another bond programme, this time related to the Europacity Berlin project. Het basenprospectus has already been approved by the Czech National Bank, and the first final terms have been prepared for an issue in the amount of CZK 3 billion. The advisory team at KŠB included Josef Kříž, under the partner supervision of Martin Krejčí. Vlastimil Pihera.
7.7.2025
News

A Distinguished June Visit to KŠB: Gisela Bergmann, Princess of Liechtenstein

Before the start of the summer holidays, we had the honour of welcoming an exceptional guest to our Prague office – Gisela Bergmann, Princess of Liechtenstein, CEO and managing director of Industrie- und Finanzkontor Ets., a leading Liechtenstein-based trust company with a long tradition and extensive experience in protecting family wealth and values.
20.6.2025
News

KŠB advised the seller on the sale of mcePharma to the Brenntag Group

The KŠB team, consisting of Vlastimil Pihera, Jakub Porod, and Dominika Bazalová, provided legal advice to the seller, Mr. Ivan Mikeš, in connection with the sale of 100% of the shares in mcePharma to the international Brenntag Group, a global leader in the distribution of chemicals and ingredients.