11.9.2009
•
News

From Judicature - the Supreme Administrative Court of the Czech Republic commented in its decision No.9 Afs 93/2008-43, dated 23 April 2009, on the term “lease of non-residential premises for the gaming machines” for VAT purposes

Pursuant to the Supreme Administrative Court's (SAC) interpretation, since the definition of the term in question is not included in the VAT Act, it is necessary to take into consideration the European Court of Justice’s interpretation pursuant to European legislation. Therefore, in order to make a lease of non-residential premises exempt from VAT, merely meeting the formal requirements of a Lease Agreement under the general civil law rules is not sufficient; the term “lease” and its exemption from VAT needs to be interpreted in a restrictive manner.

The requirements of a lease must genuinely be fulfilled and only then it is possible to exempt the lease from VAT. In the same decision, the SAC expressed its opinion on the interpretation of so-called related performance (principal and collateral performance), which shall not be artificially divided for VAT purposes. Provided that it forms a single unit from the economic point of view, it is considered to be only one performance for VAT purposes. The above mentioned decision is available on the SAC’s website (www.nssoud.cz).

Other articles

30.9.2026
•
News

KSB Presents Key Digital Obligations for 2026 at Business Breakfast in Ostrava

On 24 September 2026, Kocián Šolc Baláštík (KSB), in cooperation with the Regional Chamber of Commerce of the Moravian-Silesian Region, hosted a business breakfast under the title "Digital Obligations 2026: Cybersecurity, E-commerce and Accessibility Under the Microscope". The event was held at Futureum in the Dolní Vítkovice area of Ostrava.

On 24 September 2026, Kocián Šolc Baláštík (KSB), in cooperation with the Regional Chamber of Commerce of the Moravian-Silesian Region, hosted a business breakfast under the title "Digital Obligations 2026: Cybersecurity, E-commerce and Accessibility Under the Microscope". The event was held at Futureum in the Dolní Vítkovice area of Ostrava.

‍

25.9.2026
•
News

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 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.

‍

22.9.2026
•
News

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.

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.

‍

‍