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30.5.2014
News

Savings Income Directive

Amendment to the Savings Income Directive
30.5.2014
News

Supplementary Social Security Agreement between the Czech Republic und USA

30.5.2014
News

Information from the General Financial Directorate on trust funds

30.5.2014
News

Vat Act amendment

5.5.2014
News
Publications

Jan Dědič’s Interview for Hospodářské noviny

Professor Jan Dědič, a KŠB partner and expert lawyer involved in the re-enactment of Czech private law, explains how he feels about a number issues introduced by the new Corporations Act.
31.3.2014
News

KŠB vypracovala právní analýzu ohledně Nového divadla v Plzni

20.3.2014
News

KŠB oceněna v prestižním právním žebříčku Chambers Global 2014

11.3.2014
News

KŠB Recognized in Legal Rankings

In 2014, Kocián Šolc Balaštík and many of its lawyers were recognized in several international legal rankings such as IFLR 2014 in categories such as M&A, banking & finance, capital markets and restructuring & insolvency.
10.3.2014
Publications

Autoři KŠB o právních normách týkajících se veřejného osvětlení

6.3.2014
Publications

KŠB v Global Competition Review 2013

4.3.2014
News

KŠB’s X Lege Newsletter No. 3/2013

The major theme featured by X Lege No. 3 is what the new Civil Code will bring.
3.2.2014
News

KŠB receives 2014 Corporate INTL Magazine Global Award

Law firm KŠB has received awards from Corporate INTL, a British magazine and online database for consultancy services with a global reach.
6.1.2014
News

New commentary released with contributions by KŠB attorneys

C. H. Beck has published the first part of commentary on the new Civil Code. With contributions from KŠB attorneys Vlastimil Pihera and Jan Lasák.
19.12.2013
Publications

Getting the Deal Through - Electricity Regulation 2013

16.12.2013
News
Pro bono

Poděkování za benefiční koncert

10.12.2013
News

New balance sheet item

Accounting
10.12.2013
News

Legal measures of the Upper House

Income tax Tax on acquisition of immovable items
10.12.2013
News

VAT electronically only

VAT returns to be filed electronically next year
6.12.2013
News
Pro bono

KŠB Supports Multiple Sclerosis Patient Register

Remus is a unique Czech project designed for exchanging data on multiple sclerosis patients. The database links separate statistics kept by governmental health institutions, health insurance companies and professional medical societies, with anonymized data helping to serve scientific, statistical and economic purposes. KŠB provided pro bono advice on personal data protection issues.
25.11.2013
News
M&A

KŠB advised on the takeover of Reader’s Digest’s Czech and Slovak operations

Kocián Šolc Balaštík advised Tarsago Media Group on the September 2013 acquisition of Czech and Slovak companies from the USReader’s Digest Association. The acquisition followed a May purchase of Reader’s Digest companies in Poland, Hungary and Romania which took place in line with the worldwide restructuring of Reader’s Digest’s operations.
21.11.2013
News

Electronic Communications

Commission Recommendation of February 2003 on relevant product and service markets within the electronic communications sector susceptible to ex ante regulation in accordance with Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services Official Journal of the European Union of 8 May 2003, L 114, p. 45
21.11.2013
News

Guarantee for VAT

VAT guarantee postponed Guarantee for VAT - Payments in special cases
21.11.2013
News

Vat Act amendment

21.11.2013
News

Legal measures

Legal measures by the Senate
15.11.2013
News

KŠB Managing Partner Dagmar Dubecká Ranks Thirteenth in the TOP 25 Women of Czech Business

KŠB Managing Partner Dagmar Dubecká climbed twelve steps to #13 in this year’s TOP 25 Women of Czech Business poll held by Hospodářské noviny. Dagmar also won the category of Legal Services, Consulting & Audit.
17.10.2013
News
Pro bono

Pozvánka na Benefiční koncert dobré vůle ve prospěch Výboru dobré vůle – Nadace Olgy Havlové

3.10.2013
News

KŠB at the 2013 International Engineering Fair

From the 7th through the 11th of October, Kocián Šolc Balaštík will take part in the 2013 International Engineering Fair in Brno.
10.9.2013
News
Pro bono

KŠB podpořila zrakově postižené

27.8.2013
News

Vat News

Invoicing rules; Vat on insurance operations; Correction of tax amounts on receivables due from debtors in insolvency proceedings; Unpaid tax to be guaranteed by recipients
27.8.2013
News

From the Chamber of Deputies

27.8.2013
News

Minimum wage increase

27.8.2013
News

From the Chamber of Deputies

Liability for unpaid tax; Collective corrective tax document; Specialized Financial Office
27.8.2013
News

Constitutional complaint against cancellation of certain provisions of the income Tax Act

27.8.2013
News

Burden of proof weighs heavily on tax subjects

27.8.2013
News

June flood - related tax relief

19.8.2013
News
Environmental Law

KŠB succeeds in cassation complaint before the Supreme Administrative Court

KŠB successfully represented WEEE collection system operator REMA Systém, a.s. in proceedings before the Supreme Administrative Court. The case involved the procedural aspects of an action filed for protection against the Ministry of the Environment’s failure to act.
23.7.2013
News

KSB’s X Lege No. 2/2013

The second issue of KŠB’s quarterly newsletter X Lege includes an interview with recodification co-author and KŠB partner Prof. Jan Dědič, who discusses the current wording and planned changes of the legislation accompanying the new Civil Code. This issue also includes an article on the upcoming amendment to the Income Tax Act, which is currently under consideration and which is an important step towards establishing a single collection point.
23.7.2013
News
M&A

KŠB advises on the acquisition of Centrum Holdings s.r.o.

KŠB provided legal advice to BM Management s.r.o. during the acquisition of Centrum Holdings s.r.o., the operator of Aktuálně.cz, Centrum.cz, Atlas.cz and other web portals, by Economia, a.s.
12.6.2013
News
M&A

KŠB Advises Verdi Capital on Acquisition of Solar Power Plants

KŠB advised Verdi Capital, a hedge fund, on the acquisition of three Czech solar parks with an overall installed output of 10.8 MWp. Two of the solar parks (which represent almost half of the total installed output) are roof-top installations. The seller was the Enfinity Group, a leading Belgian solar park developer.
31.5.2013
News

Contract Competition for Law Students a Success

KŠB, in cooperation with the law student association ELSA, held a Contract Competition for law school students at the beginning of May. The competition, which comprises simulated contract negotiations, included written and oral contests and culminated in verbal negotiations “between the parties”.
27.5.2013
News

Guaranteeing Unpaid Tax

The General Tax Directorate issued information that tax authorities will, for the time being, refrain from calling upon guarantors to pay unpaid VAT.
27.5.2013
News

New Withholding Tax Rate

27.5.2013
News

Tax Information Exchange Agreements

16.5.2013
News

Tax Rules and Changes in 2013

Registration Proceedings Penalty for Late Tax Statement
6.5.2013
News
Publications

Tomáš Sequens on Energy Performance Certificates in Hospodářské noviny

In a recent interview for business-focused daily Hospodářské noviny, KŠB Lawyer Tomáš Sequens talked about the current situation regarding energy performance certificates (EPCs).
6.5.2013
News

New Issue of Prestigious Annual Publication Chambers Europe Again Recommends KŠB

Renowned British rating company Chambers and Partners recommends KŠB and its lawyers in several categories in “Chambers Europe 2013”.
24.4.2013
News

New International Agreements

24.4.2013
News

Financial Administrative Authority

Data Boxes Regional Offices Unused Vacation Time
24.4.2013
News

Taxation of Individuals in 2013

Cooperation Persons Solidarity Surcharge & Advance Payments
29.3.2013
News

Prestigious Annual Publication Chambers Global Again Recommends KŠB

The renowned British rating company Chambers and Partners recommends KŠB and its lawyers in three law categories in “Chambers Global 2013”.
12.3.2013
News
Disputes

High Court in Prague Confirms Ad Injunction

KŠB helped a major mineral water company win injunction proceedings in a dispute over ads painted on Prague trams.
1.3.2013
News

KŠB nominated for Chambers Europe Awards for Excellence 2013

Law firm Kocián Šolc Balaštík has been nominated for the Chambers Europe Awards for Excellence 2013 in the category of National Firms. This prestigious award is given by the renowned British rating agency Chambers and Partners.
1.3.2013
News
Disputes

KŠB Helps Advanced World Transport a.s. Win Administrative Dispute

Kocián Šolc Balaštík represented Advanced World Transport a.s. and helped it win a more-than-year-long dispute over the prices for using the Czech railway system.
28.2.2013
Publications

Martin Šolc for Lidové noviny about the “Better Devil”

KŠB Partner Martin Šolc explains in Lidové noviny’s regular supplement “Právo & Justice” why it would be a shame to postpone the recodification of Czech private law, which is due to take force and effect in 2014.
26.2.2013
News

KŠB’s X Lege No. 1/2013

The latest issue of X Lege discusses the upcoming Investment Companies and Investment Funds Bill, which should be enacted by 1 July 2013. This issue also highlights the Supreme Court’s ruling that employers are not required to offer replacement jobs to laid-off employees. The decision, which should be obeyed by all courts hearing labour disputes, inures to the benefit of an employer counselled by KŠB. We also look at the expanded list of supplies for which businesses may be required to guarantee VAT for their suppliers, as well as the European Union’s regulations introducing unitary patent protection in almost all EU Member States under a single application. As always, X Lege features issues regarding the approaching recodification of Czech private law, with this issue focusing on certain temporary provisions. To read the entire X Lege, click here.
11.2.2013
News

Zuzana Císařová and Martin Krčmář Join KŠB’s Team of Attorneys

KŠB’s legal team was expanded recently by the addition of two new attorneys: Zuzana Císařová and Martin Krčmář. Zuzana is a specialist in intellectual property law, media and advertising, labour law, litigation and arbitration proceedings, while Martin specializes in competition law, unfair competition, and state aid law.
31.1.2013
News

KŠB Institute Launched with Professor Dědič at the Steering Wheel

KŠB Institute, a new learning platform tailor-made for managers and lawyers but also available to general public, will be launched in February. KŠB has designed the institute to help ensure its clients are ready for the substantial changes to be introduced by the recodification of Czech private law.
29.1.2013
News

Three KŠB Experts Listed in the Latest Issue of Who´s Who Legal

Renowned British rating agency Who’s Who Legal, which has recommended the foremost legal practitioners in 32 categories in over 100 countries worldwide since 1996, lists three KŠB experts in its latest guide.
16.1.2013
News

Czech Supreme Court: employers are not required to offer a replacement job to laid-off employees

Following a recent ruling by the Czech Supreme Court, employers will no longer be required to offer another job to employees who are dismissed on grounds of redundancy, not even if a suitable job is open at the same place of employment. This practice was approved by the Supreme Court in order to unify civil and commercial judicial practice and should be followed by all courts charged with settling labour disputes.
8.1.2013
News

Jiří Horník Becomes a KŠB Partner

On 1 January 2013, Jiří Horník (38) became a new partner at Kocián Šolc Balaštík (KŠB). Jiří specialises in property law and project financing and is one of only a few Czech experts on aviation and aerospace law. KŠB now has nine partners.
2.1.2013
News

Important Legislative Changes as of 1 January 2013

The new year often brings legislative changes and this year is no exception. The outline below summarizes the most important acts and amendments taking effect at the beginning of 2013, including new or amended provisions in civil procedure, energy law, pension reform, environmental law, tax, health insurance and the expropriation of real property.
13.12.2012
Publications

Martin Šolc Interviewed in Ekonom

Martin Šolc, one of KŠB’s founding partners, describes his vision as the incoming Secretary-General of the International Bar Association (IBA) in Ekonom No. 46/2012. Martin, who will be the first-ever Secretary-General from Central & Eastern Europe, will assume the office in January 2013.
7.12.2012
News

Dagmar Dubecká Among 2012’s TOP 25 Czech Business Women

For the first time KŠB Managing Partner Dagmar Dubecká was recognized in the TOP 25 Czech Business Women poll and was immediately honoured with a spot in the overall ranking.
27.11.2012
News

KSB’s X Lege No. 3/2012

The latest issue of X Lege highlights the amendment to the Insurance Brokerage Act approved by the Czech government in November. The amendment is a true revolution for how insurance products will be distributed. X Lege also looks at recent price decisions issued by the Energy Regulatory Authority and the state of legal issues regarding regional airports, which face tighter public aid rules following a European Commission decision. As always, X Lege keeps readers up to date on the approaching recodification of private law, this time focusing on changes regarding limited and unlimited partnerships.
27.11.2012
News

From the Chamber of Deputies

Liability for unpaid tax; Collective corrective tax document; Specialized Financial Office
27.11.2012
News

Tax consequences of bonds, the methanol affair, and other news on the GFA’s website

New issue of state bonds Consequences of the Methanol Affair Interest on deferred tax payments Protocols for international double tax treaties
27.11.2012
News

Case-Law Rulings by the Supreme Administrative Court

Reference price and burden of proof
27.11.2012
News

Draft Bill Amending Tax and Insurance Legislation in Response to the Public Budger Deficit

This special issue of Tax News provides a brief summary of the basic changes included in the draft bill that is aimed at reducing the public budget deficit. The bill has already gone through the external consultation procedure
20.11.2012
News

Kocián Šolc Balaštík je nejlepší tuzemskou právní kanceláří roku 2012

V rámci pátého ročníku soutěže Právnická firma roku byla advokátní kancelář Kocián Šolc Balaštík (KŠB) oceněna jako nejlepší tuzemská právní firma. Vedle toho byla vyhodnocena i jako nejlepší právní firma v kategorii Právo hospodářské soutěže.
9.11.2012
News
Pro bono

KSB to hold 18th Annual Advent Charity Concert of Good Will to support the Olga Havel Foundation

With considerable help and support from clients and partners, Kocián Šolc Balaštík will organize its annual Advent Charity Concert of Good Will on 25 November 2012 to help support the Olga Havel Foundation. This year the Olga Havel Foundation will once again use the concert proceeds to support its long-term Senior Project.
2.11.2012
News

Kocián Šolc Balaštík Further Strengthens Its Public Contracts Team

Andrea Schelleová joined Kocián Šolc Balaštík (KŠB) in November after leaving the Competition Authority, where she was head of the 2nd Instance Decision-Making Public Procurement Department.
1.11.2012
News

Jan Lasák joins KŠB’s Team of Lawyers

Jan Lasák (28) joined the team of lawyers at Kocián Šolc Balaštík (KŠB) on 1 November. Jan focuses on corporate law, mergers & acquisitions, contract law, acquis communautaire, and restructuring.
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Aviation and aerospace
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Private wealth, tusts, foundations
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State Aid
TMT
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23.12.2009
News

Reduced Information Obligations in the Case of Mergers and Divisions

Directive 2009/109/EC of the European Parliament and of the Council of 16 September amending Council Directives 77/91/EEC, 78/855/EEC and 82/891/EEC, and Directive 2005/56/EC as regards reporting and documentation requirements in the case of mergers and divisions (published in Official Journal No. L 259) was adopted on 16 September 2009. It is yet another Commission measure to support business and enhance the competitiveness of companies by reducing the administrative burden and the costs resulting therefrom. The new legislation also leaves it up to the companies or their shareholders to decide what reports they actually need. The simplified reporting and documentation requirements is primarily reflected in the Third (78/855/EEC) and Sixth (82/891/EEC) Company Directive which apply to, and lay down the rules for, national mergers and divisions.
23.12.2009
News

Proposals to enhance supervision over the European Financial Sector; the so-called financial package

On 23 September 2009, the European Commission presented legislative proposals to enhance supervision over the European Financial Sector. The proposals are based on a report by Jacques de Larosièr, the former Managing Director of the International Monetary Fund, and his recommendations, which define a more efficient and integrated supervisory framework that would operate on a cross-border, European level. The new supervision architecture focuses on future sustainable reinforcement of financial stability throughout the entire EU, harmonising rules and creating coherent supervisory practice and enforcement, identifying systemic risks in early stage, enhancing cooperation in extraordinary circumstances and resolving disputes, if any, between supervisory authorities.
23.12.2009
News

Avoiding Financial Crises – Stricter Capital Rules on Banks

Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management took force on 7 December 2009. The Directive amendment applicable to capital requirements is primarily a response to shortcomings revealed by the financial crisis, one of them being the due functioning of the supervision over cross-border bank groups; the major changes thus do not involve only banks and other regulated parties, but the very regulators themselves. The other areas to which the amendment applies include exposure rules, liquidity risk management, application of hybrid capital instruments in capital management and the requirements for securitization transactions.
18.12.2009
News
M&A

KSB takes part in an international merger

Kocián Šolc Balaštík assisted in the international merger of PHL Správní a.s. with Cyprus-based CIMEX FRANCHISE MANAGEMENT LIMITED.
30.11.2009
News
Pro bono

Traditional Charity Concert of Good Will

Kocián Šolc Balaštík organized its fifteenth annual Charity Concert of Good Will for the benefit of the Good Will Committee – Olga Havel Foundation. The concert was held on 22 November in the Church of St. Simon and St. Jude in Prague’s Old Town.
24.11.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
24.11.2009
News

International Tax Relations

For the taxation period commencing 1 January 2008,  a newly concluded double-tax treaty between the Czech Republic and the Hashemite Kingdom of Jordan, which also prevents tax evasion in the area of income taxes, became effective.
24.11.2009
News

Newly submitted bills

Amendment to the VAT Act in the Chamber of Deputies; The Act on Financial Administration of the Czech Republic and the Act on Customs Administration
24.11.2009
News

From Judicature - resolution of the Supreme Court dated 9 September 2009, No. 2 Afs 58/2009-85 on the illegality of a request for elimination of doubt

Pursuant to the resolution of the Supreme Court dated 9 September 2009, No. 2 Afs 58/2009-85, a request for elimination of doubt based on the provisions of Section 43 of Act No. 337/1992, Coll., on Tax Administration and Collection, is illegal if it does not contain concrete specified doubt for subsequent refutation by the taxpayer.
24.11.2009
News

From Judicature - resolution by the Constitutional Court on the possibility to review by a court resolution on tax forgiveness

Pursuant to a resolution by the Constitutional Court, resolutions on tax forgiveness based on the provisions of Section 55a of Act No. 337/1992, Coll., on Tax Administration and Collection can be reviewed by a court.
24.11.2009
News

Newly approved and effective laws

Discounts on insurance – Act No. 221/2009 Coll. amending Act No. 589/1992 Coll. on Social Security Insurance Contributions and Act No. 586/1992 Coll. on Income Taxes; The Payment System Act; The Amendment to the Act of Administration of Taxes and Fees through the Payment System Act
20.11.2009
News

KSB recognized as Leading Law Firm of 2009 in company law and competition law

In the second year of the Leading Law Firm of the Year Competition organized by EPRAVO.CZ under the auspices of the Czech Bar Association, law firm Kocián Šolc Balaštík was awarded the leading law firm in the fields of company law and competition law for 2009.
18.11.2009
News

Simplifying regulation of limited companies in the amendment to the Commercial Code

The amendment, which was published under Act No. 215/2009 Coll., and took force and effect on 20 July 2009, is primarily harmonizing in character. The majority of changes arise from implementation of the Amendment to the so-called Second Company Law Directive and simplify certain aspects of provisions applicable to limited liability companies. The main changes include the reduction of requirements to valuate asset contributions, requirements for so-called financial assistance and acquisition of own shares.
18.11.2009
News

Changes in Competition Law from 1/9/2009

The amendment to the Act on the Protection of Economic Competition (published under Act No. 155/2009, Coll.) brings existing Czech regulations in line with EC competition law. The amendment applies to a number of provisions and specifies or replaces their wording with the aim of removing existing differences of application and interpretation. In addition the amendment implements certain new “European” institutes, in particular the simplified proceedings on obtaining approval for concentration of undertakings and sector-related surveys. The proceedings before the Antimonopoly Office shall be regulated in greater detail while the provisions on sanctions have been completely revised.
15.10.2009
News
Aviation and aerospace

KSB advises UNIMEX-TVS consortium in privatization of Czech Airlines

Law firm Kocián Šolc Balaštík is representing the UNIMEX-TVS consortium, consisting of UNIMEX GROUP, a.s. and Travel Service, a.s., during the privatization process of Czech Airlines.
11.9.2009
News

Newly approved and effective laws

Discounts on insurance – Act No. 221/2009 Coll. amending Act No. 589/1992 Coll. on Social Security Insurance Contributions and Act No. 586/1992 Coll. on Income Taxes; The Payment System Act; The Amendment to the Act of Administration of Taxes and Fees through the Payment System Act
11.9.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
11.9.2009
News

International Tax Relations

For the taxation period commencing 1 January 2008,  a newly concluded double-tax treaty between the Czech Republic and the Hashemite Kingdom of Jordan, which also prevents tax evasion in the area of income taxes, became effective.
11.9.2009
News

Newly submitted bills

Amendment to the VAT Act in the Chamber of Deputies; The Act on Financial Administration of the Czech Republic and the Act on Customs Administration
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.
11.9.2009
News

Information on Published Amendments to the Income Tax Act

Statutes amending the Income Tax Act have been published in the Collection of Laws.
11.9.2009
News

From Judicature - the Supreme Administrative Court explained in its decision No. 2 Afs 46/2008 – 48, dated 31 July 2009, the difference between a natural person and a legal entity in cases where the tax administrator imposes a fine on the executive

Based on the Supreme Administrative Court's (SAC) opinion, the fine cannot be imposed on the executive as a natural person but should be imposed directly on the legal entity on behalf of which the executive acts.
7.8.2009
News

Kocián Šolc Balaštík continues to lead – awarded Czech Republic’s Law Firm of the Year for the fourth time

Kocián Šolc Balaštík was named for the fourth consecutive year Czech Republic Law Firm of the Year 2009 in the international Who’s Who Legal Awards organized by the British rating agency Who’s Who Legal.
31.7.2009
News

Revision of Fourth and Seventh Directives - requirements in accounting reduced

Directive of European Parliament and Council 2009/49 of 18 June 2009 (Official Journal L 164/2009) is a further step toward reducing the administrative burden on firms. It allows medium-sized companies to abolish the requirement to disclosure certain information in their accounting and also reduces the duty to prepare consolidated accounts and a consolidated annual report.
31.7.2009
News

Failure to duly notify of intent to take over the company

Decision of the European Commission in the case of Electrabel (COMP/M.4994) On 10 June 2009 the European Commission imposed a fine of 20 million EUR on the company Electrabel since it did not notify the Commission during its acquisition of Compagnie Nationale du Rhône (hereinafter "CNR") of this intention and thus failed to fulfil its obligations under Council Regulation No 139/2004 on the control of concentrations between undertakings. This rule requires that the Commission be informed of the merger in advance in case those companies fall within the scope of the Regulation. The Commission may investigate whether a significant infringement of free competition within the European Union occurred by this merger.
31.7.2009
News

Abuse of dominant position

Decision of the European Commission in the case of INTEL (COMP/37.990) The European Commission has imposed a penalty in the amount of €1.06 billion on the computer microprocessor manufacturer Intel for the abuse of its dominant position (see Article 82 of the EC Treaty) on 13 May 2009. The Commission ruled that Intel abused its dominant position on the market from October 2002 until December 2007 by being involved in two types of illegal conduct.
31.7.2009
News

Assistance from globalization fund for staff redundancies caused by the crisis

An amendment to Regulation No 1927/2006 establishing the European Globalization Adjustment Fund (Official Journal L 167/2009) has temporarily extended the scope of this fund. It will be possible to finance from its resources support to workers who have lost their jobs as a result of the current economic and financial crisis. The contribution for this purpose is available until the end of 2011. Concurrently the amendment has mitigated current intervention criteria.
31.7.2009
News

Community trademark - a reduction in registration fees

Commission Regulation No 355/2009 (Official Journal L 109/2009) reduces the total amount of fees to be paid to the Office for Harmonization in the Internal Market for the registration of a Community trademark.
31.7.2009
News

Requirements for remuneration policy in financial services sector

On 29 April 2009 the European Commission issued the Recommendation on remuneration policy in the financial services sector (Official Journal L 120/2009). Uniform principles apply to all companies operating in this sector and should be applied primarily to employees whose job description has a substantial impact on the risk profile of the company. The remuneration policy will also be subject to the supervisor’s assessment. The Recommendation is not legally binding but the Commission envisages the adoption of regulations that will reflect the main requirements of the remuneration policy. Member States should take the necessary measures to implement the Recommendation by the end of this year.
31.7.2009
News

EU regulates hedge funds and other alternative funds

European Commission, after long-term reluctance to intervene in this sector of financial markets, finally presented a proposal for a Directive on managers of alternative investment funds at the end of April. The draft applies to all funds not covered by Directive 85/611 (the so-called UCITS Directive) and encompasses hedge funds, so-called private equity funds, commodities and real estate funds and special funds for professional investors.
31.7.2009
News

The liberalization of energy markets approved

At the end of April the European Parliament passed in the second reading the energy package dealing with the further functioning of the single EU energy market, mainly the strengthening of its competitiveness and security. In the hitherto most controversial issue of fission energy companies, the members of Parliament receded from the original strict requirement of full ownership unbundling of production capacity from the transmission networks owned. The approved compromise also brings a strengthening of consumers’ rights.
31.7.2009
News

Remuneration of directors of listed companies

The European Commission has also completed in a form of a Recommendation the existing system of remuneration of directors of listed companies (Official Journal L 120/2009). The Commission asserts basic principles that are the same as the remuneration in the financial sectors: focus on long-term sustainability instead of short-term results, elimination of excessive payment incommensurate with performance, simplifying the pay structure and its transparency. Other requirements relate to the principles of payment of the so-called "golden parachutes" and bonuses in the form of shares or share options.
31.7.2009
News

Amendment to regulatory framework (Solvency II) approved

European authorities have agreed on the compromise text of a Directive on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II). Its main objective is to strengthen the stability of the insurance sector, to deepen its integration and competitiveness. The current 13 Directives relating to insurance and reinsurance have been recast into a single act. New and more elaborate rules of capital adequacy should better reflect the risks that insurance and reinsurance carry and ensure their sufficient coverage.
15.7.2009
News

Change in the Field of State Aid

On 27 April 2009, an amendment to Act No. 215/2004, Coll., on Regulation of Certain Relationships within the Area of State Aid and certain other regulations was published under No. 109/2009, Coll.  New term “state aid coordination body” has been introduced which, in addition to the existing Antimonopoly Office, is the Ministry of Agriculture, since the powers of the act was extended to cover state aid in the fields of agriculture and fishing.
15.7.2009
News

Amendment to State Aid to Cover Interests from Loans for Repairs and Modernization of Houses

On 27 April  2009, an amendment to Governmental Regulation No. 299/2001, Coll., on Using Funds from the State Fund of Dwelling Development for covering a Part of Interests from Loans Provided by Banks to Legal Entities and Individuals for Repairs, Modernization or Regeneration of Panel Houses,  was adopted. The regulation took effect on 1 May 2009.
15.7.2009
News

New conception of Support for Research and Development

Under Act No. 110/2009, Coll., the area of Support Research and Development from Public Funds has been amended. The new regulation represents a fundamental and conceptual change and constitutes a part of the reform of the system of research, development and innovations approved by the government with the aim to strengthen the effectivity of using state funds in this field. The subject of regulation by the act was extended by innovations. Provision of aid should be generally simplified; the number of providers was limited, so that the aid will not include all resorts. It is also assumed that access to drawing on funds from structural funds and EU framework programs will be easier.
8.7.2009
News

Kocián Šolc Balaštík expands its team

Kocián Šolc Balaštík has expanded its legal team by three new advocates: Mgr. Miloslav Petrů, LL.M., Ing. Mgr. Ivo Šimeček, M.E.S. and Mgr. Jan Hrubec. With nearly seventy lawyers and tax advisors in offices in Prague, Karlovy Vary and Ostrava, KSB is ranked one of the largest law firms in the Czech Republic.
1.7.2009
News

Regional Court in Hradec Králové issues first European order for payment on 10 June 2009 upon application by KSB

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure took force and effect on 12 December 2008. The Regulation is directly applicable in all Member States with the exception of Denmark and helps creditors swiftly and efficiently recover their outstanding debts in civil and commercial matters having cross-borders implications through a uniform procedure using standard forms.
30.6.2009
News

Co přinášejí datové schránky

24.6.2009
News

KSB assists unit trust in takeover of assets of joint stock company, the first transaction of this kind in Czech Republic

Law firm Kocián Šolc Balaštík provided legal consultancy to Closed Unit Trust Fortius 1, managed by the investment company Fortius Global Investments, in the takeover of assets of the joint-stock company TERION CZ a.s.
28.4.2009
News

2009 Legislation News

Amendment to the VAT Act and the Income Tax Act; Amendment to Decree No. 500/2002 Coll., implementing certain provisions of the Accounting Act; Collection of Acts
27.4.2009
News

Negotiated amendments

Amendment to the Income Tax Act; Chamber of Deputies postpones approval of partial harmonization amendment to the VAT Act and Excise Tax Act; Amendment to the Foreign Currency Act
27.4.2009
News

From Judicature - the Supreme Administrative Court comments on the term “in connection with business operations” used throughout tax legislation

In judgment No. 2 Afs 112/2008-44 dated 24 February 2009, the Supreme Administrative Court commented on the term “in connection with business operations”. The need for an explanation of the term is the result of a dispute between a taxpayer and the tax authority over a father’s donation of assets to his son, the father and son both having originally been engaged in the same business.
9.4.2009
News

Severe penalties on employers of illegal immigrants

The European Parliament adopted at its February session the Directive providing for sanctions against employers of illegally staying third-country nationals. Criminal penalties may be applied to deny this form of grey economy. Where the employer is a subcontractor the penalties may be imposed on its business partner as well. The Directive also aims at providing illegal workers with legal payroll. 
9.4.2009
News

Certain services subject to reduced VAT rate

The EU Finance Ministers under the Czech Presidency finally agreed on 10 March 2009 to reduce the value added tax rate for certain services. The draft amendment to Directive No. 2006/112 primarily covers areas where the current exemptions only made it possible to apply VAT lower than 15% by the end of 2010, which could result in considerable price increase for these services after 2010. The initiative constitutes a part of the European Small Business Support Program (Small Business Act).
9.4.2009
News

Freedom of Establishment; Cross-Border Transfer of a Company Seat

Judgment by the ECJ of 16 December 2008 in the case C-210/06 Cartesio Oktató és Szolgáltató Bt The European Court of Justice dealt with yet another case of a transfer of a company seat to another EU Member State. Cartesio, a limited partnership incorporated under Hungarian law with its company seat in Hungary, filed a petition with the registration court to transfer its seat to Italy. The registration court dismissed the petition due to the fact that Hungarian law does not make it possible for a company incorporated in Hungary to transfer its seat to a foreign country and, at the same time, be subject to Hungarian law as its personal statute.
9.4.2009
News

Liberalization of energy markets proceeds to second reading

One of the first sessions held by the Czech presidency was the session of the Transport, Telecommunications and Energy Council during which the joint position to the energy liberalization package was approved. As expected, the Council did not endorse most of the draft amendments by the European Parliament which were adopted in the first reading held last year. Unbundling or separation of electricity generation from transmission systems continues to be one of the most controversial issues, having impact on all gas producers and electricity generators in the EU. 
9.4.2009
News

Directive concerning the general arrangements for products subject to excise duty

The EU authorities passed Directive 2008/118/EC concerning the general arrangements for products subject to excise duty, which repeals Directive No. 92/12/EEC. The new legislation shall substantially aid in the efficient exchange of information between national tax authorities, introduce an electronic system for the monitoring of movement of consumer goods within the EU and define the legal framework for the functioning thereof. It also refines the definition of the objects subject to excise duty and the rules applicable to the payment thereof for the international shipping of goods. It has been designed to improve, and render more efficient, the fight against tax evasion.
9.4.2009
News

Commission’s priorities for assessing abuse of dominant position

The European Commission has issued instructions for enforcement priorities in application of Article 82 of the EC Treaty against abusive exclusionary conduct by dominant undertakings, which discriminate against other competitors on the market (Official Bulletin C 45 dated 24 February 2009). The document should assist companies in anticipating whether the Commission will intervene with regard to their  particular conduct. 
9.4.2009
News

SPE – a uniform company throughout the EU

The negotiations on the legal framework of a European Private Company (Societas Privata Europaea) progressed significantly during March. The European Parliament discussed and approved (subject to several amendments) the proposal on the statute for a European private company. 
9.4.2009
News

Regulation on credit rating agencies

The European Commission presented a proposal at the end of last year as part of a package of proposals addressing the financial crisis. It was instigated by current insufficient control over the quality of work of rating agencies that many people believe fairly contributed to the current financial crisis. Credit rating has been subject to legislation primarily applicable to other aspects of financial markets (Directive No. 2003/6 on insider dealing and market manipulation and Directive No. 2006/49 on the capital adequacy of investment firms and credit institutions). 
9.4.2009
News

Proposal for Directive on Industrial Emissions (Integrated Pollution Prevention and Control)

The European Parliament approved in its March session the proposal for a directive on industrial emissions on first reading. The proposal suggests consolidating the current seven industrial-emission laws into a single act – directive on integrated pollution prevention and restriction (IPPR) and six industry laws – the so-called VOC, LCP, titanium dioxide and waste burning directives. The reasons for this change are not to merely eliminate difficulties and discrepancies in the current legal framework, but respond to the ever-increasing emission levels which pollute water, soil and air, in attempt to create a more efficient pan-European framework and standards for an integrated approach to prevention. 
8.4.2009
News
Competition

Agrofert’s take over of Agropol permitted

Kocián Šolc Balaštík successfully represented Agrofert Holding, a.s. in proceedings before the Anti-Monopoly Authority regarding Agrofert’s merger with Agropol. The Anti-Monopoly Authority permitted the merger subject to predefined conditions.
1.4.2009
News

KSB Opens Branch Office in Ostrava

Law firm Kocián Šolc Balaštík, named several times by international rating agencies as a leading Czech law firm, opened a new branch office in Ostrava on 1 March 2009. The opening of KSB’s Ostrava branch office is an expression of KSB’s focus on satisfying the needs of its large corporate clients from the Moravia region.
24.3.2009
News

Negotiated amendments

Amendment to the Income Tax Act; Chamber of Deputies postpones approval of partial harmonization amendment to the VAT Act and Excise Tax Act; Amendment to the Foreign Currency Act
24.3.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
24.3.2009
News

New developments in legal regulations from 2009

Changes in payment of social security contributions from 1 January 2009; Maximum assessment base for 2009; Sickness Insurance Act
24.3.2009
News

From Judicature - Award by the Constitutional Court dated 1 December 2008 (I. ÚS 705/06)

Pursuant to the Award by the Constitutional Court dated 1 December 2008 (I. ÚS 705/06), the facts ascertained by tax authorities (carrying out procedural acts) in the course of a tax inspection that serve the decision-making of tax administrators but subsequently found to be illegal by the Financial Directorate, cannot be reapplied by the tax administrator.
6.3.2009
News
M&A

MAGNA Group takes over auto plastic parts manufacturer Cadence Innovation

Law firm Kocián Šolc Balaštík has been providing legal consultancy to its long-term client, the globally operating Canadian company MAGNA, in its acquisition of Cadence Innovation, s.r.o. The company belongs to the largest world-wide manufacturers of car parts and is established in the Czech Republic.
24.2.2009
Publications

Novelties in Commercial Law. Plus, No. 1/2009

Professor Jan Dědič, a partner of law firm Kocián Šolc Balaštík, wrote an article on changes expected in 2009 concerning legal regulations in commercial law in the Czech-German Commercial and Industrial Chamber's magazine Plus, which was published in February.
18.2.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
18.2.2009
News

New developments in legal regulations from 2009

Changes in payment of social security contributions from 1 January 2009; Maximum assessment base for 2009; Sickness Insurance Act
18.2.2009
News

From Judicature - The Constitutional Court Has Issued a Further Interesting Award

The break-through resolution of the Constitutional court concerning the deadline for additional tax assessment of which we informed in the past Tax News was preceding by another interesting resolution from the end of November 2008 in which the Constitutional court provided its comments on the contents and objective of tax inspection.
18.2.2009
News

International relations

Communication of the Ministry of Foreign Affairs on termination of the Agreement between the Czech Republic and the Union of Soviet Socialistic Republics on Social Security and the Protocol to the Agreement in relation to the Russian Federation
18.2.2009
News

Negotiated amendments

Amendment to the Income Tax Act; Chamber of Deputies postpones approval of partial harmonization amendment to the VAT Act and Excise Tax Act; Amendment to the Foreign Currency Act
13.2.2009
News
M&A
Energy

KSB Assists OKD, a.s. in Spin-Off of Energy-Related Assets

Kocián Šolc Balaštík advised OKD, a.s. in connection with the spin-off of OKD’s CZK 2.8 billion worth of energy-related assets to its sister company NWR Energy, a.s.
20.1.2009
News

Nový trestní zákoník čeká již jen na podpis prezidenta

20.1.2009
News

Changes in Cadastral Register

In the end of the past year, an amendment to the Cadastral Register Act was passed. In addition to legislative and technical adjustments, the amendment also contains significant factual changes. In general, data registered in the Cadastral Register will be more easily accessible, since in view of the advanced digitalization, any Cadastral Office may provide extracts, extracts from cadastral maps and any other data regardless of where the real estate is situated or under what Cadastral Office its cadastral area belongs. Simultaneously, together with the protection of important personal data that is usually contained in the Cadastral Register’s information system (such as information on financial circumstances, in particular information on acquisition of assets, purchase prices, etc.), the provision of certain data will be subject to certain regulation.
20.1.2009
News

Increased performance under insurance of deposits

The amendment to the Banking Act increases the maximum compensation provided under insurance of deposits to the amount equaling the equivalent of EUR 50,000. The new amendment took effect on 15 December 2008.
20.1.2009
News

New regulation for documenting certain facts entered in Commercial Register

Following the new regulation concerning mergers and other transformations effective 1 July 2008, an amendment was passed to Decree 250/2005, Coll. on Binding Forms for Filing Applications for Entry into Commercial Register. The major change is a new detailed regulation of mandatory annexes documenting facts entered into the Commercial Register in case of transformations of commercial companies, cooperatives and European cooperatives.
15.1.2009
News
Corporate law

KSB advises MICHEL THIERRY during restructuring in the Czech Republic

Law firm Kocián Šolc Balaštík provided legal advice to the MICHEL THIERRY GROUP SA during the merger and transfer of assets of its subsidiaries.
14.1.2009
News

New Attorneys at KSB - Radka Felgrová and Martin Škrabal

Law firm Kocián Šolc Balaštík, recognized as the Czech Republic's leading law firm in corporate law by the November survey of ePravo.cz, expanded its team of attorneys by two new members, Radka Felgrová and Martin Škrabal.
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