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22.8.2006
News

Information on an amendment to Act on Collective Investment

On March&nsbp;17, 2006, the Senate of the Parliament of the Czech Republic approved an important amendment to Act No. 189/2004, Coll., on Collective Investment. Besides certain amendments of a technical nature, this amendment brings about three fundamental changes with significant importance for investment companies and funds, developers, real estate dealers and risk capital investors.
22.8.2006
News

Telecommunication

The European Union prepares a fundamental reform of the existing European telecommunication policy. For this purpose, the General Directorate of the European Commissions’ Information Company opens an expert public discussion. For details see http://europa.eu/rapid/pressReleasesAction.do?reference=IP/06/874. Potential standpoints can be sent until October 30, 2006.
22.8.2006
News

Act on unilaterally increasing apartment rent and other changes to legal regulation of apartment leases

On March 14, 2006, Act No. 107/2006, Coll., on Unilateral Increase of Apartment Rent and on Amendment to Act No. 40/1964, Coll., the Civil Code, as amended (called the “Four Years Act”) was announced in the Collection of Laws becoming effective March 31, 2006. The regulation of increasing the rent is valid until December 31, 2010.
22.8.2006
News

Competition/Retail Banking

The General Directorate for the Economic Competition of the European Commission addressed the expert public and asked for a standpoint concerning issue connected with retail banking, specifically issues concerning current accounts and associated services. The base for an expert discussion should be the Commission’s Report concerning these issues issued in June 2006. Expert standpoints can be presented until October 9, 2006. For details on these issues see the European Commission’s web page http://ec.europa.eu/comm/competition/antitrust/others/sector_inquiries/financial_services/public_consultation_2.html.
22.8.2006
News

Structural Funds

The European Parliament has approved five orders regulating project financing from structural funds for 2007- 2013. EUR 308 billion has been allocated for the Solidarity Fund, European Social Fund, Regional Development European Fund and for the new European Association for Territorial Cooperation in the EU’s seven-year budget. The approved legislation defines targets and in particular the criteria for drawing on the funds and for their distribution in the extended EU. The means for drawing on the funds is opening in the amount of almost EUR 308 billion for 2007 through 2013, which is more than one third of the total financial framework. EUR 23.6 billion (i.e. more than CZK 773 billion) is allocated for the Czech Republic from the funds. For allocation of the funds from structural funds and the Solidarity Fund among operation programs in the Czech Republic in 2007-2013 and other details see http://www.strukturalni-fondy.cz/operacni-programy-2007-2013/.
22.8.2006
News

State Aid, Energy, Transport

In the European Union a public discussion has just ended on the proposal for a change of the existing order No. 69/2001 on application of Articles 87 and 88 SES (state support) for de minimis public support in the area of transportation and coal industry. Therefore, it is possible to expect that this proposal will be negotiation in a short time. Quite interesting is the fact that the Commission also made available full texts of standpoints of certain entities concerning this proposal, such as those of Scottish Coal, CoalPro, IG Bergbau Chemie Energie, Eurelectric, etc. The proposal is available at http://ec.europa.eu/dgs/energy_transport/state_aid/consultation/2006_04_15_en.htm.
22.8.2006
News

New administrative rules

Public administration is newly understood as a service to the public. In comparison with the original administrative rules, the new administrative rules concerns all public administrative proceedings, i.e. the procedures of state administrative bodies and of self-governing bodies (municipalities, regions, profession self-governance).
22.8.2006
News

Energy and Transport

The General Directorate for Energy Industry and Transportation of the European Commission published on its web page a fundamental document “Annual Report on Energy Industry and Transportation for 2004“. The full text of this publication can be obtained free of charge on the European Commission’s web page – see http://ec.europa.eu/dgs/energy_transport/figures/energy_review_2004/index_en.htm.
15.8.2006
News

Amendment to the Trade Licensing Act

On May 19, 2006, Act No. 214/2006, Coll. was announced in the Collection of Laws, which amends Act No. 455/1991, Coll., the Trade Licensing Act, as amended, and certain other acts; this act became effective on August 1, 2006. The aim of the amendment is to simplify procedures during registration of an entrepreneur in the area of small trade business activities; such simplification is to be achieved by reduction of the number of acts and visits that the entrepreneur is obliged to perform in connection with commencement of its business activities. The act also concentrates certain acts that the entrepreneur had so far to perform separately into a single location. The Trade Register is newly pronounced by the act as a public administration information system. The Trade Licensing Office of the Czech Republic is its administrator and the Trade Register is operated by municipal and regional trade licensing offices in the extent set forth by law.
15.8.2006
News

Fundamental changes in the Czech labour law since January 1 2007 – a new Labour Code and a new Act on Safety and Health Protection at Work

The Labour Code (LC) cancels fifty-eight valid legal regulations with effect as of January 1, 2007 and is drafted as a labour-law code containing, save for certain exceptions, complete labour-law regulations. As up to now, the legal regulation of collective bargaining remains outside the Labour Code.
15.8.2006
News

New Public Procurement Act

On July 1, the new Public Procurement Act No. 137/2006, Coll. (the "Act") became effective, which became to exist as a part of a legislative package creating a legal framework for public procurement and concessions (which are newly regulated in a separate Act No. 139/2006, Coll.). It can be stated that adoption of this act represents apparent improvement of the existing legislation, since it brings legal precision of the conditions for orders with simultaneous guaranteeing a more free attitude to the orderers procedures and starts from consistent respecting the proportionality principle in the sense of balancing the achievable degree of the formality of the applied rules (generally contributing to higher transparency) with a practically tolerable amount of administrative costs and time of the prescribed procedures. Read more here/p>
15.8.2006
News
Corporate law

KŠB assisted in the first spin-off of a commercial company in the Czech Republic

This project was realized within the PPF Group in which a part of the assets from Česká pojišťovna a. s. was spun-off to establish the new company Home Credit Grand Holding a. s.
5.8.2006
News
Corporate law

KSB participates in a "pioneering" legal project: two major Czech companies have merged into European Company (Societas Europaea - SE)

In a pioneering legal move, the first ever Cypriot European company (societas europea) - RPG Industries SE - was registered by the Cypriot authorities on 3 August 2006. This European company was formed by a merger of two significant Czech companies Karbon Invest and Charles Capital into their Cypriot parent. European company is a new type of corporation introduced recently by the EU law. It is for the first time that important Czech companies have participated in a true cross-border merger.
1.7.2006
News

Ladislav Smejkal novým zástupcem KŠB v Bruselu

21.4.2006
News

KŠB named Czech Republic’s leading law firm in 2006 Who’s Who Legal Awards

26.3.2006
News

European Court of Justice declares itself not competent when the reference for a preliminary ruling

Judgement by the European Court of Justice in Case C-302/04 – Ynos kft v Janos Varga, dated 10 January 2006
26.3.2006
News

Freedom of movement for workers and recognition of diplomas

Judgment by the European Court of Justice in Case C-330/03 Colegio de Ingenieros de Caminos (Institution of Civil Engineers), Canales y Puertos v Administración del Estado (State Administration), dated 19 January 2006
26.3.2006
News

Commission Communication – INTRA-EU Investment in the financial services sector

OJ [2005] C 293
26.3.2006
News

State Aid: Repayment of state aid ordered by the European Commission

Decision by the European Court of Justice in Case C-148/04 – Unicredito Italiano SpA v. Agenzia delle Entrate, Ufficio Genova 1, dated 15 December 2005
26.3.2006
News

Regulation on controls of cash entering or leaving the community

European Parliament and Council Regulation 2005/1889/EC dated 26 October 2005, on controls of cash entering or leaving the Community (OJ [2005] L 309)
26.3.2006
News

Freedom of Establishment: Tax relief for parent company as a result of losses incurred by its subsid

Judgement by the European Court of Justice in Case C-446/03 – Marks & Spencer plc vs. David Halsey (Her Majesty’s Inspector of Taxes), dated 13 December 2005
26.3.2006
News

Cross-Border mergers directive

Directive 2005/56/EC of the European Parliament and of the Council dated 26 October 2005, on cross-border mergers of limited liability companies (OJ [2005] L 310)
15.3.2006
News

Kocián Šolc Balaštík is deemed to be one of the best law firms in the Czech Republic in the area of competition law

Based on an analysis performed by the prestigious magazine Global Competition Review (No. 8, December 2005/January 2006), law firm Kocián Šolc Balaštík was assessed as one of the top three elite law firms in the Czech Republic in the area of competition law.
28.11.2005
News

Unfair commercial practises directive

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ [2005] L 149) – hereinafter the “Directive”
28.11.2005
News

Scope of requirements for establishment of breach of community law by a member state

Judgement of the European Court of Justice in case C-287/03 – Commission v. Belgium, dated 12 May 2005
28.11.2005
News

Concession for management, distribution and maintenance of a public gas distribution installations –

Judgement of the European Court of Justice in case C-231/03 – Consorzio Aziende Metano (Coname) v. Commune di Cingia de’Botti, dated 21 July 2005
28.11.2005
News

Principle of equal treatment of man and woman, rule of equal pay for man and woman

The judgement of the European Court of Justice in case C-191/03 – North Western Health Board v. Margaret McKenna, dated 8 September 2005
28.11.2005
News

Free movement of goods: Restriction on import of medicines for personal use

Judgement of the European Court of Justice in case C-212/03 – Commission v. France, dated 26 May 2005
28.11.2005
News

Competition: Commitments from Coca-Cola become legally binding

Commission decision in Case No. COMP/39.116/B-2 – Coca-Cola issued pursuant to Article 9(1) of the Council Regulation 1/2003
28.11.2005
No items found.

Reimbursement of the costs of a bank guarantee provided in lieu of payment of a fine imposed by the

Judgement of the Court of First Instance in case T-28/03 – Holcim (Deutschland) AG v. European Commission, dated 21 April 2005
1.10.2005
News
M&A
TMT

KŠB represented TELEFÓNICA, S.A. in the acquisition of ČESKÝ TELECOM

KŠB represented Spanish company TELEFÓNICA, S.A. in the acquisition of a 51.1% share in ČESKÝ TELECOM. This was the largest acquisition in the Czech Republic in 2005, with the purchase price reaching nearly 83 billion Czech crowns.
19.6.2005
News

Securing Consumers safety – new guidelines for notification of dangerous products

Commission Guidelines for the Notification of Dangerous Consumer Products to the Competent Authorities of the Member States by Producers and Distributors in accordance with Article 5(3) of Directive 2001/95/EC (Commission document No. C (2004) 4772/F of 14 December 2004)
19.6.2005
News

Referral for a Preliminary Ruling of the European Court of Justice from an Arbitration Court

The judgment of the European Court of Justice in Denuit and Cordenier (C-125/04) of 27 January 2005
19.6.2005
News

Refusal by the European Commission to Pursue a Claim against Competitors

The judgment of the European Court of Justice in European Commission v. max.mobil Telekommunikation Service (C-141/02 P) of 22 February 2005
19.6.2005
News

Claims for Damages against the Community in External Trade Cases

The judgment of the Court of First Instance in Chiquita Brands and Others v. European Commission (T-19/01) of 3 February 2005
19.6.2005
News

Competition Law – new standards in the assessment of conglomerate merges

Judgment of the European Court of Justice in Tetra Laval BV v. European Commission (Case C-12/03 P) of 15 February 2005
19.6.2005
News

Competition – FIFA regulations on occupation of football players’ agents

Judgment of the Court of First Instance in Laurent Piau v. European Commission (Case T-194/02) of 26 January 2005
19.6.2005
News

Proposal for Regulation on Visa Information System

Proposal for Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay-visas This regulation will enter into force from on the twentieth day following that of its publication in the Official Journal of the European Union. Official Journal of the European Union, C 052 of 2 March 2005.
19.6.2005
News

European Court of Justice Decisions on the Pricing and Reimbursement of Medicine

Judgments of the European Court of Justice in Merk, Sharp & Dohme BV v. Etat Belge (C-245/03) and Glaxosmithkline SA v. Etat Belge (C-296/03) of 20 January 2005
19.6.2005
News

Ongoing Developments in the Area of Borderline Products

Directive of the European Parliament No. 2004/27EC of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use (OJ EU [2004], L 136, p. 34)
1.3.2005
News

Personnel changes at the Brussels branch

26.2.2005
News

State aid regarding construction of infrastructure available to public

Judgment of the Court of First Instance in Valmont Nederland BV v Commission (T-274/01) of 16 September 2004 (Official Journal of the European Union C 244 of 1 October 2004)
26.2.2005
News

Trade marks – Absolute grounds for refusal to register

Judgement of the European Court of Justice in SAT.1 SatellitenFernsehen GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (C-329/02) of 16 September 2004
26.2.2005
News

State aid – Investment aid

Judgment of the Court of First Instance in Kronofrance SA v Commission (T-27/02) of 1 December 2004
26.2.2005
News

Trade marks comprising a common surname

Judgement of the European Court of Justice in Nichols plc v Registrar of Trade Marks (C-404/02) of 16 September 2004
26.2.2005
News

Vat taxation of airlines

Judgment of the European Court of Justice in Cimber Air (C-382/02) of 16 September 2004
26.2.2005
News

Discrimination of migrating workers in area of social benefits

Judgment of the European Court of Justice in Merida (C-400/02) of 16 September 2004
26.2.2005
News

Restructuring and rescue aid guidelines

Communication from the Commission — Community guidelines on State aid for rescuing and restructuring firms in difficulty (Official Journal of the European Union C 244 of 1 October 2004)
26.2.2005
No items found.

Competition - Private enforcement of competition rules

Study on the conditions of claims for damages in case of infringement of EC competition rules
26.2.2005
News

Legal protection of sporting databases

Judgment of the European Court of Justice in The British Horseracing Board Ltd and Others v William Hill Organization Ltd (Cases C-203/02) of 9 November 2004
26.2.2005
News

Commission has no longer power to adopt a decision after proposed merger plan notified to it by unde

Decision 2000/790/EC of 28 June 2000 declaring a concentration incompatible with the common market and the EEA Agreement (Case COMP/M.1741 - MCI WorldCom/Sprint) annulled by the judgment of the Court of First Instance in Case T-310/00 of 28 September 2004
26.2.2005
News

Individual dividend taxation in context of free movement of capital

Judgment of the European Court of Justice in Manninen (C-319/02) of 7 September 2004
26.2.2005
News

Competition – Anti-doping legislation

Judgment of the Court of First Instance in David Meca-Medina and Igor Majcen v European Commission (T-313/02) of 30 September 2004
31.1.2005
News

Expansion of our German Desk

23.11.2004
News

Labelling of foodstuffs

Judgment of the Court of Justice in Douwe Egberts (C-239/02) of 15 July 2004
23.11.2004
News

Compensation to crime victims

Council Directive no. 2004/80/EC relating to compensation to crime victims Official Journal of the EU L 261 of 6 August 2004
23.11.2004
News

Free movement of goods - Biocides

Judgment of the Court of Justice in Nicolas Schreiber (C-443/02) of 15 July 2004
23.11.2004
News

Judicial Cooperation – European Enforcement Order

Regulation no. 805/2004 of the European Parliament and of the Council creating a European Enforcement order for uncontested claims Official Journal of the EU L 143 of 30 April 2004
23.11.2004
No items found.

Obligation of Loyalty

Judgement of the Court of Justice in Commission v. Italy (C-82/03) of 13 July 2004
23.11.2004
News

Restriction on alcohol advertising in broadcasts of sport events

Judgement of the Court of Justice in Commission v. France (C-262/02) of 13 July 2004
23.11.2004
News

State Aid – Financing of Promotional Activities by Trade Chambers

Judgment of the Court of Justice in Pearle and Others (C-345/02) of 15 July 2004
23.11.2004
No items found.

Company law - Takeover Bids

Directive 2004/25/EC of the European Parliament and Council of 21 April 2004 on takeover bids Official Journal of the European Union, 2004, L 142
23.11.2004
No items found.

Competition – Reduction of fine for cartel of steel producers

Judgments of the Court of First Instance in Steel Tube Producers (Cases T-44/00, T-48/00, T-50/00 and Jointed Cases T-67/00, T-68/00, T-71/00 and T-78/00) of 8 July 2004
23.11.2004
No items found.

Pharmaceuticals – Abridged registration of generic products

Opinion of Advocate General Jacobs in Approved Prescription Services Ltd (C-36/03) of 8 July 2004
22.11.2004
News

New colleague

25.8.2004
No items found.

New Block Exemption for Technology Transfer Agreements

Commission Regulation (EC) no. 772/2004 of 27 April 2004 on the application of the Article 81(3) of the Treaty establishing the European Community to categories of technology transfer agreements Guidelines setting out the principles for the assessment of technology transfer agreements under Article 81 of the Treaty Official Journal of the EU L 123 and C 101 of 27 April 2004
25.8.2004
News

Competition - Anti-trust modernisation package

The Council Regulation no. 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty The Commission Regulation no. 773/2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty The Commission Notices (Communications and Guidelines) Official Journal of the EU L 1 of 4 January 2003 and L 123 of 27 April 2004
25.8.2004
News

Amended EC rules on medicinal products

Regulation 726/2004/EC of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency Directive 2004/24/EC of the European Parliament and of the Council of 31 March 2004 amending, as regards traditional herbal medicinal products, Directive 2001/83/EC on the Community Code relating to medicinal products for human use Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the Community Code relating to medicinal products for human use Official Journal of the EC L 136 of 30 April 2004
25.8.2004
No items found.

Admissibility of action for annulment of a regulation brought by individuals

Judgment of the Court of Justice in Jégo-Quéré (Case C-263/02) of 1 April 2004
25.8.2004
No items found.

Air Transport – Passenger rights

Regulation (EC) no. 261/2004 of the European Parliament and of the Council of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 Official Journal L 46 of 17 February 2004
22.6.2004
News

New address

21.3.2004
News

Intellectual Property

Council Regulation No. 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights Official Journal of the EU L 196 of 2 August 2003
Nebyly nalezeny žádné výsledky.

Zprávy

Aviation and aerospace
Capital markets
Competition
Corporate law
Disputes
Employment law
Energy
Environmental Law
Financial services
Insolvency and reorganisation
Intellectual property
KŠB Institute Articles
M&A
News
Private wealth, tusts, foundations
Pro bono
Public procurement
Publications
Real estate and construction
State Aid
TMT
Tax
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30.12.2008
News
M&A

KSB represented OKD, a.s. on the sale of its subsidiary OKD, BASTRO, a.s.

Law firm Kocián Šolc Balaštík assisted OKD, a.s., the biggest Czech producer of black coal, on the sale of its subsidiary, OKD, BASTRO, a.s. The transaction was another step towards the realisation of OKD’s long-term plan to focus on its core business of coal extraction.
29.12.2008
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
29.12.2008
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
29.12.2008
News

From Judicature - The Constitutional Court issued a breakthrough resolution concerning the interpretation of periods set for tax assessment

Pursuant to the award of the Constitutional Court dated 2 December 2008, the three-year period in which a tax or an additional tax can be assessed does not commence at the end of the taxation period in which the tax return is to be filed but already from the end of the taxation period provided it is evident at the moment the obligation to file a tax return arises.
29.12.2008
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
29.12.2008
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.
18.12.2008
News

Agreement on changes to the regulation of telecommunications

The meeting of the Council of EU Telecoms Ministers in Brussels on 27 November 2008 brought significant changes toward creation of a “Single EU Telecoms Market”. Telecommunications ministers from 27 EU member states arrived at a preliminary agreement to review the regulatory framework for electronic communication networks and services.
18.12.2008
News

Reduction of administrative burden of companies by way of limiting publication of mandatory data

The European Parliament considered a draft directive on 19 November 2008 that amends existing obligations of companies with regard to mandatory publication of certain data (Draft Directive of the European Parliament and Council amending Directives of the Council Nos. 68/151/EHS and 89/666/EHS as concerns obligations of certain forms of companies in the field of publication and translations).
18.12.2008
News

Uniform rules for airport charges

A new legal regulation is in progress that will affect the system of collecting airport charges. Its aim is to prevent individual airports from abusing a dominant position. Non-transparent or overestimated airport charges should be removed through the consultation mechanism between airports and their users, together with the rules for resolution of mutual disputes.
18.12.2008
No items found.

Modernization of the legal framework of aviation transport

The target of the most recent legislation efforts by the European Commission is to ensure a more effective functioning of the internal aviation market, to increase the safety of aviation services and to improve protection of passengers that include, inter alia, the terms of fares and rates. In addition to simplification of existing regulations, it was necessary to resolve the needs of the efficient and uniform application of such regulations, which is a prerequisite for creation of equal conditions for all aviation companies in the EU.
18.12.2008
News

Assessment of legal regulation on merger control

The European Commission commenced a public consultation concerning the functioning of Regulation No. 139/2004 on the control of concentrations between undertakings. The purpose thereof is to assess application rules after four years of existing practical application, i.e. setting of the threshold value and criteria as well as mechanisms of transfer of powers concerning assessment of the connection between the Commission and national antimonopoly authorities.
18.12.2008
News

Reduction of prices of roaming data services and SMS

On 23 September 2008, the European Commission published a proposal for a regulation introducing lower prices for roaming data services and SMS. The document also takes into account the reduction of voice services. The Commission seeks to improve transparency of Internet usage and downloading of data from mobile phones during travels abroad.
18.12.2008
Publications

Getting the Deal Through – Electricity Regulation 2009

Václav Rovenský and Ján Béreš became the first contributors for the Czech Republic in the publication Electricity Regulation 2009 for the series Getting the Deal Through, published by London-based company Law Business Research Limited. The publication contains an overview of information on legal regulation in the electrical energy sector of 34 countries. The chapter concerning Czech law can be downloaded here
18.12.2008
News

Approval of the climate-energy package expected by the end of year

France exerts significant efforts to bring all 27 EU member states to reach an agreement on reduction of greenhouse gas emissions, energy consumption and use of alternative sources by the end of this year, as it has set this task as one of the priorities of its chairmanship. Non-standard procedures should also assist to push through one of the most costly projects – the so-called informal “trialogues” between European Parliament, Council and Commission, by which Parliament waives a part of its powers in favour of such compromise or for intensive separate negotiations by the French president with individual EU member states.
18.12.2008
News

Impact of tax duty depending on possibility to infringe competition

Resolution of the European Court of Justice (ECJ) dated 16 September 2008 in matter C‑288/07 Commissioners of Her Majesty’s Revenue & Customs vs. Isle of Wight Council, Mid-Suffolk District Council, South Tyneside Metropolitan Borough Council, West Berkshire District Council. Interpretation of the Sixth Directive on VAT – Article 4, para 5 – Activities performed by a public-law entity – Operation of paid car parks – Infringement competition – Meaning of the expressions “if it led” and “significant”.
17.12.2008
News
Pro bono

KSB joins Pro Bono Declaration

Law firm Kocián Šolc Balaštík joined the Pro Bono Declaration within the framework of the Pro Bono Centre that aims to support the development of pro bono legal services provided by Czech attorneys.
9.12.2008
News

Proposal for amendment of Tax Administration and Collection Act and new Tax Rules

An amendment to the Tax Administration and Collection Act is now at the Chamber of Deputies awaiting a third reading. The proposed amendment amends the rules for imposing sanctions for infringement of confidentiality obligations and introduces a suspensory effect should additional payment assessment be issued after completion of a tax inspection.
9.12.2008
News

New form for VAT returns

From 1 January 2009, a new form shall be valid (No. 25 5401 MFin 5401, sample No. 15) for value added tax returns. The new form, in comparison with the existing four-page form, only has two pages. Services rendered outside the Czech Republic shall newly be monitored and reported separately. Besides renumbering individual lines in the tax return, the form includes new lines in connection with the most recent amendments to the VAT Act. The form is to be first used for the taxation period of January 2009 or first quarter of 2009.
9.12.2008
News

Prepared Draft Acts

The House of Representatives (Lower House) approved an amendment to the Road Tax Act. The amended provisions should result in reduction of road tax rates for vehicles over 12 tons used as new for businesses that are more environmentally friendly. The lower rate should apply for 36 months following the first registration.
9.12.2008
News

Controversial resolution of the Supreme Court

The Supreme Court, in its resolution No. 22/2007, addressed the differences between the loan agreement regulated by the Civil Code and the credit agreement pursuant to the Commercial Code. Pursuant to the Supreme Court, the difference is, inter alia, based on the subject of the agreement.
9.12.2008
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.
9.12.2008
News

Amendment to the Act on Accounting

On 19 August 2008, Act No. 304/2008, Coll. was published in the Collection of Laws, which amends the Act on Accounting. This amendment will become effective from 1 January 2010, and only selected provisions will become effective from already 1 January 2009.
9.12.2008
News

Amendments to Tax Laws

On 4 July 2008, the amendment to the Road Tax Act became effective, which introduces a new system that reduces road tax rates for more environmental friendly cars from 2009.
9.12.2008
No items found.

Amendment to VAT Act and Excise Tax Act

The Chamber of Deputies had a first reading of the governmental proposal to amend the VAT Act and the Excise Tax Act, which has been proposed to take effect from 1 December 2008.
9.12.2008
News

Notification of Finance Ministry on Standard Classification of Production to allocate services for application of reduced VAT rate as of 1 January 2008

The Czech Statistical Office superseded the Standard Classification of Production by Production Classification (CZ – CPA) with effect from 1 January 2008. The Finance Ministry announced that for the purposes of the VAT Act, the Standard Classification of Production valid from 1 January 2003 shall continue to be applied. This classification shall be further binding for allocation of services after 1 January 2009.
9.12.2008
News

VAT round-off

In connection with the cancellation of fifty-heller coins, the validity of which was terminated as of 31 August 2008, the Czech Tax Administration published information concerning the rounding off of taxes in respect of VAT.
4.12.2008
Publications

VAT News - Horses Follow Housing. TURF Magazine, September/2008

Václav Pátek, a tax expert at law firm Kocián Šolc Balaštík, prepared a contribution for the Bulletin of the Czech Union of Full-Blooded Horses and Owners of Race Horses, Český chov, which is a part of TURF Magazine. The contribution focused on a change of VAT rates for the sale of race horses resulting from the amendment to the VAT Act effective from 1 January 2009. To apply the lower VAT rate on the sale of race horses for 2009, VAT prepayment should be made before the end of the year, similar to housing for 2007. The whole article can be downloaded here (in Czech only)
20.11.2008
Publications

Czech Republic Takeover Guide

Dagmar Dubecká and Vlastimil Pihera prepared an information document for the International Bar Association addressing the legal regulation concerning takeover bids in the Czech Republic. The document summarizes the basic principles of the new legal regulation of takeover bids in the Czech Republic, a new construction of the bid obligation, types of actions on the grounds of a takeover bid or an unfulfilled bid obligation and the method of performance of supervision over takeover bids by the Czech National Bank. The published text contains information applicable as of the editorial closing date, i.e. April 2008. The contribution can be downloaded here
20.11.2008
Publications

Concerning preclusion in tax law. Daňový expert, No. 5/2008

Václav Pátek published an article concerning preclusion in tax law following the resolution by the extended panel of judges of the Supreme Administrative Court in the professional tax magazine Daňový expert.
14.11.2008
News

KSB announced as Leading Law Firm in Corporate Law

Law firm Kocián Šolc Balaštík has been awarded the title of the Czech Republic’s leading law firm in the field of corporate law in the first year of the survey Leading Law Firm of the Year 2008.
6.11.2008
News
Pro bono

Charity Concert of Good Will

Kocián Šolc Balaštík is organising the fourteenth annual Charity Concert of Good Will – Olga Havel Foundation. The concert is to be held in the Church of St. Simon and St. Jude, Old Town, Prague on Sunday 23 November 2008 at 7:00 pm.
6.11.2008
News

New Anti-Money Laundering and Anti-Terrorist Financing Legislation

The Act on Some Measures against Money Laundering and Terrorist Financing (effective since 1 September 2008) responds to a number of EU legislative requirements, primarily to Directive No. 2005/60 EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (the so-called 3.AML Directive).
6.11.2008
News

Amendment to Act on Greenhouse Gas Emission Allowance Trading

The amendment (effective since 1 September 2008) responds primarily to the objections raised by the European Commission and abolishes the allowance guarantees for new facility operators or other operators whose facilities changed in terms of use, manner of operation or capacity as a result of major investment.
6.11.2008
News

Penalties on Cash Payment Cap Alleviated

It has been over four years since the 15,000 Euro cap for cash transactions was introduced. The Act on Restriction of Cash Payments was amended in August to modify the penalties, including fines for breach of the cap.
29.10.2008
News

20th Annual Conference of the European Air Law Association in Prague

One of the lecturers at the 20th annual conference of the European Air Law Association, which takes place on 7 November 2008 in Prague, is Jiří Horník, an attorney specializing in aviation law at law firm Kocián Šolc Balaštík.
23.10.2008
News

Client Seminar – Personal Data Protection II

Law firm Kocián Šolc Balaštík is preparing the second part of an ongoing seminar in the field of personal data protection. The seminar will focus on specific topics in this area, such as the transmission of personal data to foreign countries, the processing of personal data of employees (including the monitoring of employees and their electronic communications), CCTV, the sending of marketing communications and other related practical questions.
17.10.2008
News
Competition

Supreme Administrative Court confirms no bakers’ cartel

Delta Pekárny and Odkolek, both represented by Kocián Šolc Balaštík, won lawsuits against the Anti-Monopoly Office before the Regional Court in Brno and subsequently the Supreme Administrative Court, involving an alleged cartel agreement in the bakery market.
17.10.2008
News

KSB Scores High in Sports, Too

Kocián Šolc Balaštík (KSB) scored high by finishing second in a number of traditional autumn sport events and contests of attorneys, junior lawyers and back office staff.
9.10.2008
News
Pro bono

KSB receives VIA Bona Award for Corporate Philanthropy

For this year’s VIA Bona Awards given out by the VIA Foundation, law firm Kocián Šolc Balaštík (KSB) received the Award For Long-Term Partnership for its long-term support of the Good Will Committee – Olga Havlová’s Foundation (GWC) through Advent charity concerts.
30.9.2008
News

KSB provides legal services to Chapman University

Law firm Kocián Šolc Balaštík provided consultancy to Chapman University of Orange County, California in the establishment of a branch in the Czech Republic. The branch will provide the MBA program in the Czech Republic.
9.9.2008
News
M&A
Energy

KŠB provides complete legal and tax consultancy in merger of companies from Kladno Energy Businesses group

Within the framework of long-term consultancy services, the law firm Kocián Šolc Balaštík assisted the Kladno energy groups of Energy Businesses from Swiss corporate group ATEL during the restructuring of this group.
9.9.2008
Publications

Would you like to have a registered seat in Cyprus? Euro, No. 37/2008

Vlastimil Pihera published an article on free movement of companies in Euro. The article refers to the European Court of Justice’s expected resolution in the Cartesio case and the new possibility for companies to move their registered offices within the European Union as a result of the resolution. To download the article click here
5.9.2008
Publications

Professor Dědič comments on new Transformation Act in Legal Information Bulletin No. 7/2008

Professor Jan Dědič, a partner of the law firm Kocián Šolc Balaštík, published two extensive contributions in the Legal Information Bulletin, a professional monthly for legal practice, on the new act of transformations of commercial companies and cooperatives, which became effective on 1 July 2008.
27.8.2008
News
M&A

KSB represents Michel Thierry Group during acquisition of FEZKO

Law firm Kocián Šolc Balaštík (KSB) provided legal advisory to the Michel Thierry Group, a leader in the production of textiles and leather for the car industry, during its acquisition of majority shares in FEZKO, a.s. and FEZKO SERVIS, a.s.
22.8.2008
News
M&A

Sale of Biofaktory

Law firm Kocián Šolc Balaštík has been engaged by the participants of Biofaktory Praha s.r.o., a Czech and Slovak leader in production of animal feed, fodder additives, veterinary medications, health supplements and pet products, to provide comprehensive advisory services on the sale of the Biofaktory Group to international holding company Nutreco, with its registered office in the Netherlands.
15.8.2008
News

Welcome changes in operation of small trades

Since 1 July 2008, on the basis of Act No. 130/2008, Coll., amending the Trade Licensing Act, requirements for commencement of business activities and reduction of the overall administrative burden for tradesmen are significantly simplified.
15.8.2008
News

Capital markets - transposition of the MiFID Directive

Act No. 230/2008, Coll., a very important amendment to the Act on the Capital Market Business (“Capital Market Business Act”) was published and transposes Directive 2004/39 on financial tools markets known under the abbreviation MiFID as well as other European regulations into Czech law. The aim of the regulation is to enhance the transparency of financial markets, improve protection of investors and strengthen the competitive environment. The amendment took effect on 1 July 2008. New implementation regulations were issued on the same date.
15.8.2008
News

New regulation on mergers and other transformations of commercial companies and cooperatives

Act No. 125/2008, Coll., on Transformations of Commercial Companies and Cooperatives, taking  effect 1 July 2008, supersedes the existing regulation of intra-state transformations in the Commercial Code and newly regulates certain transformations with foreign elements, i.e. cross border mergers and transfer of assets to a foreign participant.
15.8.2008
News

Road tax and new system of reduced rates

Regulation of the road tax has been significantly changed. Act No. 16/1993, Coll., on the Road Tax, as amended, brings extension of the existing exemption from the tax for cars using further kinds of alternative fuels. It further introduces a newly drafted system of reduced rates.
15.8.2008
News

Electronic collection of debts

From the beginning of July, creditors receive a more comfortable and perhaps faster possibility on how to collect their monetary receivables. Act No. 123/2008, Coll., introduces an electronic payment order into the Code of Civil Procedure.
12.8.2008
News

Spin-off of ASIANA with establishment of new company and merger

Law firm Kocián Šolc Balaštík provided legal consultancy to ASIANA, spol. s r.o., one of the largest travel agencies with IATA accreditation in the Czech Republic, during its complete restructuring.
5.8.2008
News

New framework regulation of waste

On 17 June 2008, the European Parliament approved a new directive on waste to supersede the current obsolete norm from 1975. The modernized approach to waste management should lead in particular to reduction of waste production.
5.8.2008
News

Return of unjustly collected tax

Resolution of the European Court of Justice (ECJ) No. C‑309/06, Marks & Spencer plc of 10 April 2008. The ECJ gave a ruling in response to an application for a resolution on a preliminary issue that was filed within the context of a dispute between Marks & Spencer plc and the Commissioners of Customs & Excise wherein Marks & Spencer applied for return of value added tax unjustly collected by the Commissioner. The ECJ’s resolution interprets Article 28, paragraph 2 of the Sixth Directive (Directive of the Council No. 77/388/EHS on harmonization of legal regulations of EU member states concerning turnover tax).
5.8.2008
News

Partial progress in liberalization of gas market

In the July session, the European Parliament adopted a package of legislative measures for the gas market at first reading, the objective of which is to deregulate the market, increase its competitiveness and ensure consumer rights. The deputies supported two scenarios from which EU member states can choose: either full ownership separation of suppliers from gas networks or the so-called ITO model – the preservation of network ownership by suppliers with simultaneous introduction of “independent operators of transportation systems”.
5.8.2008
News

Environmental protection

In May 2008, the long-term process of preparing and putting through legal regulations to punish serious offences against the environment as criminal activities was completed. The European Parliament has approved a draft directive with minor changes pursuant to which infringement of communitarian regulations or Euratom regulations listed in annexes shall be deemed illegal conduct, as well as infringement national acts, administrative regulations or administrative decisions implemented by the regulations stated in the annexes.
5.8.2008
News

Conflict-of-law rules for contractual obligations in the EU

European Parliament and Council Regulation No. 593/2008 (Official Bulletin No. L 177) on the law applicable to contractual obligations (Rome I), starts from the original Convention on the Law Applicable to Contractual Obligations that has been adopted in 1980 but not yet a part of the European Law. The Regulation implements certain changes to the original Convention in the direction of modernization and specification thereof.
5.8.2008
News

Possibility of settlement in case of cartels

Commission Regulation No. 622/2008 dated 30 June 2008 / (Official Bulletin No. L 171), which amends Regulation No. 773/2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty, introduces a procedure for settlement applicable should parties be prepared to admit their participation in a cartel and accept liability.
5.8.2008
News

Liberalization of postal services

The European Parliament approved opening of the postal services market pursuant to Directive No. 2008/6, published in Official Bulletin L 52 on 20 February 2008. The exclusive right of national post offices to deliver postal consignments of up to 50 grams ceases to exist in most EU countries as of 31 December 2010, but the Czech Republic and other new members may postpone this change until 2013. Simultaneously, they may be refused the right to enter the already liberalized markets.
1.8.2008
News

Kocián Šolc Balaštík launches new website design

Law firm Kocián Šolc Balaštík (KSB) has recently launched a new website at www.ksb.cz and www.ksb.eu. The redesigned website matches in its scale and technology those of leading international law firms.
1.8.2008
News

Kocián Šolc Balaštík named Czech Republic’s Law Firm of Year for third time

Kocián Šolc Balaštík was named for the third consecutive year the Czech Republic’s Law Firm of the Year in the international Who’s Who Legal Awards.
1.8.2008
News

Award by Constitutional Court

The Collection of Acts No. 166/2008 includes an award by the Constitutional Court dated 23 April 2008 cancelling the provisions of the Employee Health Insurance Act that award sickness allowance to employees after the fourth day of sickness, effective as of 30 June 2008. The sickness allowance should be newly paid out beginning the first day of the sickness.
1.8.2008
News

Transformation Act

Act on transformation of commercial companies and cooperatives (“Transformation Act”) takes effect from 1 July 2008. This new, comprehensive legislation applicable to commercial companies and cooperatives shall replace and supersede current provisions of the Commercial Code.
1.8.2008
News

Concise Taxes

1.8.2008
News

Legislative Process

The Chamber of Deputies of the Parliament of the Czech Republic is currently discussing amendments to the Value Added Tax Act and Income Tax Act.  We will inform you of these amendments in the next issue of Tax News.
1.8.2008
News

Draft Amendment to the VAT Act

Pursuant to our information in the previous issue of Tax News, the Government presented a draft VAT Act to the Parliament of the Czech Republic. This long-prepared amendment primarily harmonizes the provisions of the Czech VAT Act with the provisions of Directive 2006/112/EC (the so-called Sixth Directive Recast) and provides suggestions for simplification and improvement of certain other provisions.
1.8.2008
News

New Directives of the Council on VAT

In February 2008, two new directives of the Council on VAT were approved. Council Directive 2008/8/EC fundamentally changes existing rules for determining the place of performance for services, i.e. determining EU member states for application of VAT. Most new rules shall be introduced from January 2010, and the remaining ones shall be introduced gradually up to 2015.
1.8.2008
News

Prepared Draft Acts

The House of Representatives (Lower House) approved an amendment to the Road Tax Act. The amended provisions should result in reduction of road tax rates for vehicles over 12 tons used as new for businesses that are more environmentally friendly. The lower rate should apply for 36 months following the first registration.
1.8.2008
News

Grand amendment to VAT Act

On 17 July 2008, the Senate approved a bill to amend the VAT Act. The Amendment, subject to the President’s approval which is expected to be granted, will not take effect before 1 January 2009, but we would like to inform you well in advance of the major changes to be introduced due to the fact some of them will require adjustment of accounting systems and redrafting of commercial agreements. 
1.8.2008
News

Tax on Capital Contributions

In February 2008, Directive 2008/7/EC on indirect taxes on capital contributions took force. Effective January 209, this directive cancels the original Council Directive 69/335/EEC on indirect taxes on capital contributions. This tax is applied in certain EU member states, but not in the Czech Republic.
1.8.2008
News

KSB VAT amendment workshop

Since the VAT Act introduces many changes effective 1 January 2009 and preparation well in advance is highly desirable, KSB will hold a workshop specializing on VAT.
1.8.2008
News

Information from the Ministry of Finance

1.8.2008
News

Discount Applied for Determination of Tax Advances

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