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21.2.2008
News

Pokyny k vyplnění souhrnného hlášení k DPH

21.2.2008
News

Prominutí správního poplatku při elektronickém podání

21.2.2008
News

Zákon o územních finančních orgánech

21.2.2008
News

Sazby stravného pro rok 2007

21.2.2008
News

Částky pro stanovení výpočtových základů nemocenského pojištění

21.2.2008
News

Stanovení jednotných kurzů

21.2.2008
News

Novela předpisů v oblasti nemocenského pojištění, sociálního zabezpečení a pracovněprávní

21.2.2008
News

Průměrné ceny pohonných hmot

2.2.2008
News

Martin Šolc – Lawyer of the Year 2007

Martin Šolc, partner of Kocián Šolc Balaštík (KSB), has been elected Lawyer of the Year 2007, Commercial Law. His success means that KSB has won the award in three consecutive years - Jiří Balaštík was Lawyer of the Year 2005 (Property) and Professor Dědič was Lawyer of the Year 2006 (Commercial).
17.1.2008
News
Corporate law

KSB represented PPF Group N.V. in establishment of European Company HC SE by merger

Kocián Šolc Balaštík (KSB) provided PPF Group N.V. with legal services in Czech and EU law in regard to establishment of European Company HC SE. The procedure involved merger of Home Credit Grand Holding a.s. and HC Holding a.s. into Dutch entity HCES N.V. which changed its legal form into HC SE as a result of the merger. The transaction included resolution of employee involvement issues in the merging companies and subsidiaries in the Czech Republic, Netherlands and Slovakia.
17.1.2008
News

KSB advises during preparation of first pilot PPP project in Czech Republic – “Project for Central Military Hospital’s Staff Dormitory, Hotel and Parking Place”

Law firm Kocián Šolc Balaštík has been appointed by Hochtief CZ, a.s. as legal advisor for its consortium in connection with preparation of the Public Private Partnership (PPP) project titled “Project for Central Military Hospital’s Staff Dormitory, Hotel and Parking Place”. The project consists of financing, building and operation of Prague Central Military Hospital’s staff dormitory, hotel, parking place and related structures. The investment value of the project amounts to CZK 1 billion.
16.1.2008
News

Jan Najman is new attorney at KSB

Law firm Kocián Šolc Balaštík (KSB) extended its team in early January by attorney Jan Najman, whose practice is focused on the law of commercial companies, mergers and acquisitions and the law of commercial obligations.
17.12.2007
News

Brno Regional Court nullifies the ruling against RWE Transgas, a.s. on abuse of dominant position issued by the Chairman of the Office for Protection of Economic Competition

Kocián Šolc Balaštík acted for RWE Transgas before the Brno Regional Office against the Chairman of the Office for the Protection of Economic Competition on an appeal against a ruling on abuse of dominant position.
7.12.2007
News

VGP launched on Prague and Brussels Stock Exchanges

VGP’s share issue today is the second IPO on the Prague Stock Exchange this year offered by VGP, an industrial developer specialising in construction and lease of sites for logistics and light manufacture. Kocián Šolc Balaštík has advised VGP almost right from the start of its business activities in the Czech Republic on many matters including contract leases, land acquisitions as well as corporate and employment law.
6.12.2007
Publications

Leniency Regimes – second edition

Pavel Dejl, Pavel Nosek and Ivo Šimeček have recently contributed a chapter on the Czech Republic for publication in Leniency Regimes (pub. European Lawyer Limited) reflecting changes applied as from 28 June 2007 by the Czech Office for the Protection of Economic Competition and based on the ECN Model Leniency Program and the existing European Commission Leniency Program. Under the new regime, the Office may use its discretion to reduce fines imposed on parties to secret horizontal cartel agreements if they work together with the Office to detect and disclose such arrangements. The contribution is a full update on the position under the former Leniency Program dating from 2001. Download the chapter here
26.11.2007
News
M&A

KSB represents New Frontier Holding in acquisition of majority share in Profinit

Law firm Kocián Šolc Balaštík represented the Austrian company New Frontier Holding GmbH in purchase of sixty percent share in the Czech company Profinit, s.r.o., a provider of specialized IT solutions.
23.11.2007
News
Corporate law

KSB assists OKD in spin off of assets

Law firm Kocián Šolc Balaštík assisted OKD in a further step toward its restructuring, consisting of spinning off part of OKD’s assets into a newly established company, as part of KSB’s continuing provision of consultancy to OKD and the RPG Group, to which OKD belongs. The spin-off took effect on 31 October 2007.
19.11.2007
News
Pro bono

Charity Concert for Good Will Committee – Olga Havlová Foundation

Law firm Kocián Šolc Balaštík organises the traditional Charity Concert for the Good Will Committee – Olga Havlová Foundation. This year is the concert’s thirteenth year, taking place on Sunday 25 November 2007, 7:00 p.m., at the concert hall of the Church of St. Simon and Jude in Prague Old Town.
18.11.2007
News

KSB’s Karlovy Vary branch expands its team by new attorney

Aleš Váňa is the latest member to join the team of attorneys at KSB’s Karlovy Vary branch. He joined the firm in November and is a specialist in civil and commercial law, litigation and real estate law. Aleš Váňa graduated from the Law Faculty of Charles University in Prague in 2003 and subsequently obtained experience and knowledge in advising regional entrepreneurial entities, first as a junior lawyer and then as an attorney in 2007.
1.11.2007
News

KSB acts for Gordon Ramsay Prague Limited on the opening of the MAZE Prague

Kocián Šolc Balaštík advised Gordon Ramsay in connection with the opening of a new MAZE restaurant at the Hilton Prague Old Town (formerly Renaissance Hotel Prague). KSB's advice covered corporate and commercial, real property and labour law matters.
9.10.2007
News

KSB mixed volleyball team wins silver medal at 10th Czech Bar games

Kocián Šolc Balaštík (KSB) fought off most of the mixed volleyball competition at Nymburk (5-7 October 2007) at the 10th Bar Games to come second.
8.10.2007
News
M&A

KSB advises participants in KSK BONO and Bono Servis on disposal of their interests

Kocián Šolc Balaštík acted for participants in KSK BONO and Bono Servis on the sale of their 100% interests to MISPOL S.A., a Polish company listed on the Warsaw stock exchange and a market leader in the manufacture and distribution of canned meat, spreads, ready meals and animal feeds. The value of the transaction, also involving interests in other members of KSK BONO Holding in Poland and Slovakia, was 10 million EUR.
18.9.2007
News
M&A

KSB assists Saudi Basic Industries Corporation (acquisition of GE Plastics)

Kocián Šolc Balaštík advised <a href="http://www.sabic.com/" title="Saudi Basic Industries Corporation" >Saudi Basic Industries Corporation (SABIC) on the Czech involvement in the world-wide acquisition of the plastics division from General Electric. The acquisition was completed on 31&nbsp;August 2007. The deal is worth more than 11 billion USD.
21.8.2007
News
Competition

Heineken expands to include Krušovice brewery

Kocián Šolc Balaštík (KŠB) law office represented Brau Union AG, a member of the multinational Heineken Brewery Group, before the Czech Anti-trust Office on an application for approval of the acquisition of Královský pivovar Krušovice. KŠB's wide-ranging services were instrumental in securing unconditional approval for the merger, granted by the Office on 3&nbsp;August 2007. With the acquisition of Krušovice brewery, the Heineken Group has a major player on the market for beer production and distribution in the Czech Republic.
8.8.2007
Publications

Getting the Deal Through – Gas Regulation 2007

Václav Rovenský and Tomáš Sequens prepared the article on legal regulations and rules for the Czech gas market business. The contribution is part of the publication Getting the Deal Through – Gas Regulation 2007, issued by the London based analytical company Law Business Research. The publication summarizes national gas markets in 36 world-wide jurisdictions. The chapter covering the Czech gas industry was included in the publication for the first time since 2003, when the publication started. The contribution can be downloaded from here.
8.8.2007
Publications

Freeman’s Guide to European Property 2007

Helena Navrátilová contributed to the publication Freeman’s Guide to European Property 2007 with an article focusing on tax issues in the field of real estate in the Czech Republic. The publication analyses the details of the property market in more than thirty European countries. The contribution can be downloaded from here.
26.7.2007
News

Czech Constitutional Court cancels decisions of Supreme Administrative Court and Antimonopoly Office against Telefónica O2 Czech Republic for alleged abuse of a dominant position

Law firm Kocián Šolc Balaštík (KŠB) successfully represented Eurotel Praha (currently Telefónica O2 Czech Republic) before the Constitutional Court of the Czech Republic against the Supreme Administrative Court’s decision in favour of the Antimonopoly Office for alleged abuse of a dominant position.
16.7.2007
News
M&A

KŠB represents FONTERON HOLDINGS LIMITED in sale of majority interest in Heli Food Fresh

Law firm Kocián Šolc Balaštík represented FONTERON HOLDINGS LIMITED in sale of a majority block of shares in HELI FOOD FRESH a.s., a leader on the Czech ready-made meals market, and in establishment of a joint-venture between shareholders of this company. Bakkavor Group, a major UK provider of cooled precooked food, bought the shares and became partners with FONTERON HOLDINGS LIMITED in the joint-venture.
11.7.2007
News

KŠB is exclusive legal partner of PPP seminar on regional representation of Czech Republic in Brussels

Law firm Kocián Šolc Balaštík was the exclusive legal partner for the seminar “Use of Extra-Budgetary Financing for Regional Projects” organised by regional offices of the Czech Republic in Brussels. The seminar took place on 6&nbsp;June 2007 on the premises of the Prague House as part of an extended meeting of the national delegation at the Regions&rsquo; Committee.
14.6.2007
News
M&A

KŠB represents Heineken in acquisition of Krušovice Brewery

Law firm Kocián Šolc Balaštík provided full legal services to Heineken Group member Brau Union AG in its acquisition of a wholly-owned share in Královský pivovar Krušovice&nbsp;a.s., the biggest recent transaction on the Czech beer market.
30.5.2007
News
M&A

KSB represents Glenmark Pharmaceuticals in acquisition of Medicamenta

Law firm Kocián Šolc Balaštík represented Indian pharmaceutical company Glenmark Pharmaceuticals Ltd. in concluding a deal via its Swiss subsidiary Glenmark Holding SA to acquire a majority shareholding in Medicamenta a.s., a company carrying out business activities in the production, sale and marketing of pharmaceutical products in the Czech Republic and Slovakia.
9.5.2007
News

Kocián Šolc Balaštík once again named Czech Republic&rsquo;s Law&nbsp;Firm&nbsp;of&nbsp;the&nbsp;Year

Press release: Prague, 9 May 2007 Kocián Šolc Balaštík has been named Czech Republic&rsquo;s Law Firm of the Year 2007 in the Who&rsquo;s Who Legal Awards. This is the second consecutive time the firm has been recognised in this way, having won the inaugural award last year. In addition, Kocián Šolc Balaštík was the first independent national firm to ever win the award.
1.5.2007
News

Commission's proposed "green crimes" Directive

1.5.2007
News

New package of measures to facilitate free movement of goods in the internal market

1.5.2007
News

Commission presents proposal for Third Postal Services Directive

1.5.2007
News

Trans-European Transort Network Executive Agency (TEN-TEA) created

1.5.2007
News

Directive on shareholders' voting rights adopted at first reading

1.5.2007
News

International agreement to eliminate customs duties on approved pharmaceuticals

17.4.2007
News

Professor Dědič – one of top five most influential Czech lawyers

Professor Jan Dědič, partner of Kocián Šolc Balaštík, is one of top five most influential lawyers in the Czech Republic, according a poll organised by Hospodářské noviny.
1.4.2007
News

New Directive 77/388/EEC on system of value added tax

1.4.2007
News

The Commission decides Spanish electricity and gas regulator's powers to be contrary to EC law

1.4.2007
News

New Regulation No. 1924/2006 on nutrition and health claims made on foods

1.4.2007
News

Services Directive

1.4.2007
News

European Court of Justice's decision in Danone case

1.4.2007
News

European order for payment

1.4.2007
News

Public works contracts

1.4.2007
News

<em>De minimis</em> level for State aid to be raised

1.4.2007
News

New Directive 2006/115/EC on rental right and lending right in field of intellectual property

1.4.2007
News

New Directive 2006/116/EC on term of protection of copyright and certain related rights

1.4.2007
News

New Regulation No. 1925/2006 on addition of vitamins, minerals and certain other substance to foods

1.4.2007
News

New public consultation for simplification of Directive 76/768/EEC on cosmetics

1.4.2007
News

The Commission's new initiatives in sector of air transport

1.4.2007
News

New Energy Policy for EU

1.4.2007
News

Fine on French telecom operator confirmed

22.1.2007
News

Professor Dědič Wins 2006 Lawyer Of Year Award

A jury of professionals chose Kocián Šolc Balaštík (KSB) partner Professor <a href="./profil.php?id=2" title="Jan Dědič">Jan Dědič as 2006 Lawyer Of Year in commercial law from over 350 nominated lawyers competing in ten categories. KSB scored again in the second year of the competition organized by the Czech Bar Association and epravo.cz under the auspices of the Ministry of Justice. Last year KSB partner Jiří Balaštík won the 2005 Lawyer Of Year Award in real estate.
3.1.2007
News

Kocián Šolc Balaštík becomes member of Association for Foreign Investment

Kocián Šolc Balaštík (KSB) became a member of the Association for Foreign Investment (AFI) as of January 2007. AFI represents a select group of entities with long-term experience of the Czech business environment and providing services in key areas for investment inflow and implementation thereof. AFI’s main focus is assisting foreign investment inflow to facilitate the entry of foreign investors on the Czech market, and the group cooperates with the government agency for business and investment support, CzechInvest.
2.1.2007
News

New KSB Partners &ndash; Pavel Dejl and Václav Rovenský

The current six partners of Kocián Šolc Balaštík (KSB) elected Pavel Dejl and Václav Rovenský as new partners effective January&nbsp;1, 2007. Both attorneys have been with KSB for a long time and are respected lawyers in their field of expertise.
29.11.2006
News

Non-contractual liability of member states for damage caused to individuals by infringements of comm

Decision by European Court of Justice in Case C-173/03 Traghetti del Mediterraneo SpA, in liquidation dated 13 June 2006.
29.11.2006
News

Electronic communications and data retention

Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC.
29.11.2006
News

State aid

Judgment of the European Court of Justice in Case C-66/02 Italian Republic v Commission of the European Communities dated 15 December 2005[2].
29.11.2006
News

Requirement of sufficient personal financial resources for residence permit

Judgment of the European Court of Justice in Case C-408/03, Commission of the European Communities v Kingdom of Belgium of 23 March 2006.
29.11.2006
News

European social law – unemployment allowances

Judgment of the European Court of Justice in Case C-406/04 Gérald De Cuyper of 18 July 2006.
29.11.2006
News

EU commission confronts national governments on mergers

New use of Article 21 (4) of the Merger Regulation
29.11.2006
News

Jurisdiction to open main insolvency proceedings

Judgement of the European Court of Justice in Case C-341/04 Eurofood IFSC Ltd of 2 May 2006.
20.9.2006
Publications

The International Comparative Legal Guide to: Pharmaceutical Advertising 2006

Hana Heroldová and Jana Schovancová drafted a chapter dealing with regulation of advertising in the pharmaceutical sector in the Czech Republic for the publication The International Comparative Legal Guide to: Pharmaceutical Advertising 2006. In their article they reply to questions concerning advertising of medicinal products, rules regulating advertisements of health professionals and other experts dealing with health issues, including advertising of health institutions such as hospitals. The article also answers questions concerning Internet advertising in the field of pharmacy, including regulation of advertising of health technology. The publication was issued by the British publishing house Global Legal Group. The article can be downloaded here.
12.9.2006
News

KŠB cooperates with PPF Group member Torpera Limited in preparing joint-venture agreement with Sichuan Changhong Electric Co., Ltd.

KŠB represented Cyprus-based Torpera Limited, a member of the PPF Financial Group, in preparing a joint-venture agreement with the Chinese company Sichuan Changhong Electric Co., Ltd. for the manufacture of plasma televisions. The agreement sets forth the fundamental parameters of cooperation in the joint venture between the PPF Group and Changhong and was entered into on September&nbsp;12, 2006.
1.9.2006
News
Corporate law

KŠB provides legal services to the RWE Group for squeeze-out in Severočeská plynárenská, a. s.

Squeeze-outs pursuant to Section 183i et seq. of the Commercial Code have been a part of the Czech legal system only since July 1, 2005, a relatively short time, but they immediately became in principle a frequent instrument used for solving ownership structures in many important Czech commercial companies.
22.8.2006
News

Council Regulation (EC) No. 1346/2000 on bankruptcy proceedings to affect Czech entities doing business in foreign countries

In the Czech Republic as well as in other EU countries, the first events from application of Council Regulation (EC) No.&nbsp;1346/2000 on Bankruptcy Proceedings have appeared pursuant to which courts of the member state in which the debtor’s main interests are concentrated are competent to commence bankruptcy proceedings. In case of a company or another legal entity, the registered office is considered to be the place where main interests are concentrated, unless the contrary is proven. A court of such member state can newly declare bankruptcy with effects in the Czech Republic in respect of a Czech entity with a registered office in the Czech Republic but with main interests on the territory of another EU member state without the necessity of undergoing the procedure for recognition of an insolvency decision. This also applies in the opposite case in which Czech courts can declare bankruptcy in respect of a debtor from another EU member state under the same conditions.
22.8.2006
News

Important amendments to Commercial Code and Accounting Act

On March&nbsp;8, 2006, two legal regulations became simultaneously valid and effective which significantly amend the Commercial Code and the Accounting Act and have considerable practical impact in the area of law for commercial companies.
22.8.2006
News

Chemical Industry

Negotiations concerning the draft order titled REACH, which regulates in particular the registration of chemicals by their producers and the effectiveness of which is envisaged in 2007, is in the final phase. This is a very significant legal regulation concerning de facto all companies involved in the chemical industry. All documentation concerning these issues is available at http://ecb.jrc.it/REACH/.
22.8.2006
News

Amendment to Act No. 116/1990, Coll., on lease and sublease of commercial premises

In the case of a lease agreed upon for entrepreneurial purposes, the lease agreement must newly contain information on the type of business carried out on the leased commercial premises. If the lessee wishes to change the type of business and if such change significantly affects the use of the commercial premises, the lessee may do so only subject to the lessor’s previous consent, unless agreed otherwise. The lessee’s failure to do so constitutes grounds for the lessor’s notice of termination, unless agreed otherwise. Neither the lessee nor the lessor may terminate the lease on the grounds of change in ownership of the building in which the leased commercial premises are located, unless agreed otherwise. In the case of the lessee’s dissolution as a legal entity, the lease newly terminates only if such legal entity was dissolved without a legal successor, unless agreed otherwise. (Effective as of October&nbsp;19,&nbsp;2005.)
22.8.2006
News

European Parliament and Council Regulation (EC) No. 805/2004, on European Enforcement Order for uncontested claims

The regulation introduced the so-called European Enforcement Order for uncontested claims, i.e. receivables recognized by creditors on the basis of a payment order or a judgment for recognition. The basic idea of this regulation is that if investigatory proceedings correspond with a certain standard, the claim arising from the proceedings can be confirmed in the state where it was issued as an European enforcement order. Such claim can be executed in another member state without the necessity of exequatur, i.e. recognition proceedings. The regulation brings evident advantages to creditors who have the possibility of fast and effective resolution in a foreign country without involving the court power of the member state in which they seek the claim, i.e. without delays and higher costs. The regulation is a part of a set of measures for further development of the principle of mutual recognition of judgments and other decisions by court bodies in the EU. (Effective as of October&nbsp;31,&nbsp;2005.)
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Aviation and aerospace
Capital markets
Competition
Corporate law
Disputes
Employment law
Energy
Environmental Law
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Insolvency and reorganisation
Intellectual property
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Private wealth, tusts, foundations
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1.8.2008
News

Income Tax

The Ministry of Finance of the Czech Republic published Guideline No. D – 317 on average prices of fuel for calculating the amount of compensation for expenses in consumed fuel to determine income tax bases for the 2007 taxation period. Taxpayers can use these prices to determine tax expenses for consumed fuel, unless they apply expenses in documented amounts.
1.8.2008
News

International Tax Relations

For the taxation period commencing 1 January 2008,&nbsp; 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.
1.8.2008
News

Real Estate Tax

30.7.2008
Publications

Mutual Funds– the Czech Approach. Euro, No. 30/2008

Vlastimil Pihera, attorney, and Helena Navrátilová, tax advisor at the law firm Kocián Šolc Balaštík, published an article in Euro concerning the current legal interpretation of ownership relations in respect of mutual funds and its impacts on application of the corporate income tax. To download the article click here
25.7.2008
News

Commission launches consultations on simplified rules for block exemptions

The Commission has presented for consultations new draft rules to exempt more subsidies from the notification obligation laid down in EC Treaty state aid rules.
25.7.2008
News

ECJ VAT Case law

At the end of March the ECJ issued its decision in Case C-111/05 Aktiebolaget NN on several preliminary matters relating to application of VAT on the laying of seabed optic cables. Although the issues arising particularly concern the criteria according to which supplies of goods may be distinguished from the provision of services, and how to determine the place of supply when providing line constructions, the ECJ decision also has general application.
25.7.2008
News

Consolidated text of the modernized “Television without Frontiers Directive” available

The Commission adopted on 29 March an amended proposal of the modernised "Television without Frontiers" Directive. After a first reading in the Parliament and the Council, there is now broad agreement with the Commission about the future legal framework for the EU's audiovisual sector.
25.7.2008
News

Liberal decision of the Commission on gambling

The Court of Justice (“ECJ”) ruled that the Italian criminal penalties for the collecting of bets by intermediaries acting on behalf of foreign companies are contrary to community law (Joined Cases C-338/04, C-359/04, C-360/04 Placanica of 6 March 2007).
25.7.2008
News

Motor insurance for all passengers (new decision of the ECJ)

The ECJ ruled that the Third Motor Insurance Directive (Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles) requires all passengers to be covered by motor insurance and therefore Irish national legislation, which precludes those not travelling in a part of a vehicle designed to carry passengers, is incompatible with Community law.
25.7.2008
News

Directive on cross-border mergers in banking, insurance and securities adopted in first reading

In March European Parliament (“Parliament”) gave a first reading of a directive to change European rules on how mergers of banks and other financial institutions are approved. Since the text adopted has already been agreed in informal negotiations with the Council, the proposals should enter force without further changes.
24.7.2008
News

Beginning January 2008, VAT Payers May Apply for Group Registration

The effectiveness of the Act on Stabilization of Public Budgets will provide VAT payers with the alternative of group VAT registration. The group registration makes it possible for affiliated parties (companies) to act as a single VAT payer with a single registration number for VAT purposes. This means that an entire corporate group will only file a single VAT tax return. Supplies delivered between individual group members are not deemed to constitute taxable supplies. The first groups of VAT payers shall be registered effective 1 January 2009, provided that they apply by 31 October 2008 at the latest.
24.7.2008
News

Instruction No. D-312

The Ministry of Finance issued Instruction No. D-312 regarding application of reduced tax rates to license fees under the Double Taxation Treaty between the Czech Republic and Belgium. The Instruction sets forth, for the purposes of the aforementioned Treaty, that the listed license fees may be taxed in the country of origin by not more than 5 percent of the gross amount thereof. The Instruction shall take effect on 1 January 2008.
24.7.2008
News

Deadlines in Tax Proceedings

In connection with the tax entity’s authorization to draw attention to the tax administrator’s inactivity on the grounds of processing filings by tax entities by reasonable deadlines, the Ministry of Finance issued Instruction No. D-308 imposing deadlines on tax administrators for processing filings by tax entities and other parties involved in tax proceedings.
24.7.2008
News

Client Workshop – pharmaceutical law after 1 January 2008

On 29 November 2007, law firm Kocián Šolc Balaštík (KSB) organized for its clients - major pharmaceutical companies - a seminar focused on important legislative changes in the pharmaceutical industry taking effect in early 2008. The lecturers at the seminar were Hana Heroldová, an attorney specializing in the area of pharmaceutical law, and Václav Pátek, tax expert at KSB.
24.7.2008
News

Double Taxation Treaty between the Czech Republic and Bosnia and Herzegovina

The Ministers of Finance of the Czech Republic and Bosnia and Herzegovina signed a Double Taxation Treaty between both countries on 20 November 2007. The Treaty shall result in termination of the provisions of the Double Taxation Treaty between the Czechoslovak Socialistic Republic and the Socialistic Federative Republic of Yugoslavia (applicable to Income and property taxes) signed in Prague on 2 November 1981. The termination shall take effect on the effective date of the new Treaty. This may occur on 1 January 2009 if the following legislative procedure in both countries proceeds in the standard manner.
24.7.2008
News

2008 Foreign Currency Food Allowance Base Rate

The Ministry of Finance issued Decree No. 338/2007 – on calculation of base rates of food allowances in foreign currency for 2008. Decree No. 549/2007 Coll., on base rates of food allowances in foreign currency for 2007 shall terminate on the new Decree’s effective date, i.e. 1 January 2008. &nbsp;
24.7.2008
News

Altered Interest Rate

The banking council of the Czech National Bank decided to raise the 2T repo rate to 3.50%, the discount rate to 2.50% and the Lombard rate to 4.50% at its meeting held on 29 November&nbsp;2007. The new rates shall apply beginning 30 November 2007.
24.7.2008
News

International Agreements

24.7.2008
No items found.

Amendments to the income taxes act (ITA)

Parliament is currently debating several proposed amendments to ITA. The most important of these are the proposals set out in the "Government draft of the Act on stabilisation of public budget" ("Government Draft"). Amended several times, the Government Draft is now on its second reading and is likely to experience further amendment.
24.7.2008
News

Judicature by the Constitutional Court Applicable to Malice in Law

At the end of October 2007, the Constitutional Court denied a constitutional complaint against a decision by the Supreme Administrative Court and admitted that “malice in law” may be applied to tax issues.
24.7.2008
News

Other changes

24.7.2008
News

Changes in Social Security and Health Insurance

The Chamber of Deputies of the Parliament of the Czech Republic recently adopted the Act on Stabilization of Public Budgets, which the Senate of the Parliament of the Czech Republic is expected to approve in September 2007. The Act applies to sickness, pension and health insurance in the Czech Republic as well.
24.7.2008
News

Personal income tax

24.7.2008
News

Common provisions

24.7.2008
News

Corporate income tax

24.7.2008
News

Public Budget Stabilisation Act

On 16 October 2007, the Act No. 261/2007 Coll, &nbsp;the Public Budget Stabilisation Act (the "Amendment") was published. This Act also amends the Income Tax Act ("ITA"). The most important changes, effective from 1 January 2008, are summarised below.
24.7.2008
News

Other changes arising from the Act on stabilisation of public budgets

As set out in earlier issues of Tax News, the Act on stabilisation of public budgets has amended many provisions of law hitherto in force. Some of these changes are detailed below.
24.7.2008
News

Recent ECJ Decisions

24.7.2008
News

Amendments to the act on reserves

Clear provision will be made for the creation of reserves by successor companies following a corporate transformation. The successor company will continue to create reserves and make provisions/ adjustments as commenced by the company being split up on the conditions that would have applied to such company had the transformation not taken place, but only insofar as such creation of reserves pertains to the portion of business assets passing to the successor company.
24.7.2008
News

Proposed Amendments to the Income Taxes Act

24.7.2008
News

Waiver of Default Interest

24.7.2008
News

Pending Amendment to the Value Added Tax Act

The most significant change to be introduced by the amended VAT Act is the increase of the reduced 5% VAT rate to 9%. No transitory provisions have been proposed to restrict pre-supplying or payment of advances prior to the increase.
24.7.2008
News

List of legal forms of companies on the Finance Ministry's web pages

24.7.2008
News

Draft Amendments

24.7.2008
News

Kocián Šolc Balaštík Awarded Law Firm of the Year

24.7.2008
News

Instruction to implement international agreements

18.7.2008
News
M&A

KSB acts for Cramo Plc on its acquisition of Techniline spol. s r.o.

Kocián Šolc Balaštík advised Finnish company Cramo Plc on its acquisition of a 100% holding in Techniline spol. s r.o., the largest equipment rental services company in the Czech Republic, also operating in Slovakia.
18.7.2008
News

Recast of the Sixth Directive

On 1 January 2007 new EU Directive [1] ("Recast") governing the common system of value added tax in all Member States came into force. The Recast supersedes the Sixth Directive [2]. The Recast was issued to simplify the Sixth Directive which, owing to numerous amendments, had become difficult to follow, unsystematic and often incomprehensible.
18.7.2008
News

Export Control System comes into operation in the Czech Republic

Pursuant to amendments to Commission Regulation no. 2454/93 on implementation of the customs codex, as from 1 February 2007 the Czech Republic commenced operation of the Export Control System (ECS) (e-Export), intended to facilitate rapid electronic exchange of information between customs authorities in Member States on exports to third countries.
18.7.2008
News
M&A

KSB advises gas company MOL Plc. on its acquisition of I & C Energo

Kocián Šolc Balaštík assisted Hungarian gas company MOL Plc. with acquiring a 100% stake in I & C Energo from ČEZ. I&C Energo is engaged in providing system control and industrial IT control services.
18.7.2008
News

Increased state aid &quot;de minimis&quot; threshold

European Commission Regulation no. 1998/2006 has increased the de minimis state aid threshold (a sum which, if exceeded, gives rise to the presumption that state aid can distort economic competition and is therefore incompatible with the common market).
18.7.2008
News
Competition

Merger of the two largest producers of mineral water in the Czech Republic has been approved – KSB represents Karlovarské minerální vody, a.s.

The largest producer of mineral and spring water in the Czech Republic, Karlovarské minerální vody, a.s., has received after a long “fight” with the Antimonopoly Office of the Czech Republic (ÚOHS) a decision on approval of the merger with Poděbradka, a.s., the second largest producer operating in the same industry.
18.7.2008
News

Chamber of Deputies: amendments to the Act on Accounting approved

The amendments repeal the obligation to publish final accounts in electronic form in the Commercial Bulletin, since final statements are available in digital format in the documents registries of the Commercial Register.
18.7.2008
News

Finance Ministry instructions D-190, D-223 and D-267 replaced with instruction D-300

The instruction sets out the Czech Finance Ministry's interpretation of some provisions of ITA. Although not binding on tax payers, the instruction is likely to be followed by tax authorities. The wording of instruction D-300 has been more closely specified and now reflects the comments of the Czech Chamber of Tax Advisors and other conclusions approved by the Co-ordination Committee of Czech Finance Ministry and Czech Chamber of Tax Advisors.
7.7.2008
News
M&A

Heineken Group completes acquisition of Drinks Union

Heineken Group with KSB as its legal counsel completed the acquisition of Drinks Union in the Czech Republic on 1 July 2008. The transaction involved transfer of a majority stake in Drinks Union, and, indirectly, a stake in Pivovar Louny, to Královský pivovar Krušovice a.s., a Heineken Group’s flagship in the Czech Republic.
7.7.2008
News
Corporate law

KSB assists with STAROBRNO squeeze-out

Kocián Šolc Balaštík, as long-term legal counsel to the Heineken Group, assisted the global brewery group with a squeeze-out in STAROBRNO, a.s., a member of the Heineken Group. It was the first squeeze-out to be carried out under the newly applicable legislation effective since 1 April 2008, which no longer requires consent from the Czech National Bank to squeeze-outs carried out by companies that do not issue listed participation securities.
7.7.2008
News
M&A

KSB assists OKD in combined spin-off

Kocián Šolc Balaštík, as long term legal counsel to New World Resources, assisted NWR Group member OKD, a.s. with restructuring that involved spin-off via combining a merger and foundation of new companies.
7.7.2008
Publications

Prospectus for the Public Offering of Securities in Europe

Petr Kasík and Vlastimil Pihera contributed a chapter dealing with the transposition of the Prospectus Directive into Czech law to Prospectus for the Public Offering of Securities in Europe, Volume I. The title was published by Cambridge University Press as a part of the “Law Practitioner Series” and contains a summary of the provisions of Directive No. 2003/71/EC on the prospectus and on the transposition thereof in fifteen EU Member States. The title was authored by lawyers from major European law firms. More information
7.7.2008
News

Client Workshop – Personal Data Protection

Kocián Šolc Balaštík (KSB) held a workshop on 24 June 2008 to provide its clients with a summary of personal data protection issues. The lecturers were KSB personal data protection specialists, Martin Kubík, Petra Mirovská and Drahomír Tomašuk.
19.6.2008
News

Act on Public Budget Stabilization and Labour Law Issues

13.6.2008
Publications

VAT Deductions – New Prospects, Euro, No. 20/2008

Václav Pátek, a Kocián Šolc Balaštík tax specialist, writes an article in Euro on VAT deductions relating to fraudulent conduct. To download the article click here.
13.6.2008
News
Corporate law

KSB assists OKD, OKK, a.s. in merger with parent company

Kocián Šolc Balaštík assisted NWR Group member OKD, OKK, a.s. in another stage of restructuring in which OKD, OKK’s parent company ceased to exist by merging with its subsidiary OKD, OKK, a.s. KSB’s assistance was provided as part of its long-term legal assistance to the NWR Group (New World Resources).
13.6.2008
News
Corporate law

KSB advises Skanska Group in restructuring and spin-off by merger

Kocián Šolc Balaštík assisted Skanska CZ in the Skanska Group’s restructuring in the Czech and Slovak Republics. The restructuring resulted in a new holding structure under the umbrella of the newly incorporated Skanska CS and spin-off of part of Skanska CZ’s operations via spin-off by merger into three existing surviving companies.
13.6.2008
News
Corporate law

KSB assists Teplárny Brno in concentration with Tepelné zásobování Brno through division by merger

Kocián Šolc Balaštík assisted Teplárny Brno during the transformation involving concentration of its business with the business of Tepelné zásobování Brno. The transformation took the form of a division by merger in which Tepelné zásobování Brno ceased to exist and its operations passed over to its indirectly controlled affiliate, Teplárny Brno.
10.6.2008
News

The Constitutional Court Cancelled Part of the Labour Code

On 11 March 2008, the Constitutional Court issued a long awaited decision on constitutional complaints challenging the new Labour Code shortly after having been adopted. Award File No. Pl. ÚS 83/06 applies even to the concept of the Code.
10.6.2008
News

Amendment to the Code of Distraint Procedure

Amendment to Act No. 120/2001 Coll., on court-appointed distrainers and distraining activities (the Code of Distraint Procedure), as amended, effective from 1 January 2008, was published under Act No. 347/2007 Coll. The major goal of the amendment is to make supervision over distrainers more efficient and, as a result thereof, improve their activities; However, at the same time, the amendment again worsens the position of creditors in connection with the payment of distraint costs.
10.6.2008
News

Consumer Protection, Advertising, Competition

Act No. 36/2008 Coll. amended several laws applicable to consumer protection, advertising and competition, effective 12 February 2008, to increase protection of consumers against unfair business practice and, at the same time, improve competition culture; the amendment implements Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market. The following legislation is primarily involved:
10.6.2008
News

Technical Amendment to the Labour Code

The long awaited legislative, technical and corrective amendment to Act No. 262/2006 Coll., the Labour Code, as amended (hereinafter the “Labour Code”), was disclosed under Act No. 362/2007 Coll. effective 1 January 2008.
10.6.2008
News

Act on Public Budget Stabilization and Labour Law Issues

Act No. 261/2007 Coll. on the Public Budget Stabilization (hereinafter the “APBS”), applies, among other things, to labour legislation. The changes took effect on 1 January 2008.
10.6.2008
News

New Provisions Applicable to Takeover Bids and Squeeze-Outs

Act No. 104/2008 Coll., concerning takeover bids and amending some other Acts (the Takeover Bid Act) took effect on 1 April 2008. The Act applies to bids aimed at issues of gaining control over listed companies, which were originally regulated by the Commercial Code. Following this conceptual step, the Commercial Code shall apply to public bids for purchase of shares in primarily unlisted companies but also to listed companies if there is no intention of gaining control over the target company.
22.5.2008
News
Competition

Heineken expands to include Drinks Union

Kocián Šolc Balaštík (KSB) law office represented Královský pivovar Krušovice a.s., a member of the multinational Heineken Brewery Group, before the Czech Anti-trust Office in an application for acquisition of the major beverage group Drinks Union, a.s. The Office granted unconditional approval for the merger on 28 April 2008.
22.5.2008
News

KSB participates in external comments proceedings on Waste Act Amendment

Kocián Šolc Balaštík (KSB) law firm participated in providing comments to the so-called great amendment to Act No. 185/2001 Coll., the Waste Act, introduced by the Ministry of the Environment at the end of February 2008.
14.5.2008
News

Kocián Šolc Balaštík - Law Firm of the Year 2008

Prague, 12 May 2008 – Kocián Šolc Balaštík (KSB) has won the first ever Chambers Europe Awards for Excellence. At the ceremony in Barcelona on Thursday 8 May 2008, KSB was delighted to receive the award for National Law Firm of the Year 2008, Czech Republic. The award confirms that KSB is a leading Czech law firm, having already been named Law Firm of the Year, Czech Republic 2006 and 2007 by Who\'s Who Legal.
1.5.2008
Publications

Getting the Deal Through – Gas Regulation 2008

Václav Rovenský and Tomáš Sequens have recently authored the chapter on the Czech Republic for Getting the Deal Through – Gas Regulation 2008 edition, published by Law Business Research, London. The Czech chapter provides a clear and concise guide to the law governing the Czech gas market as well as many related business aspects. Available for download here.
3.4.2008
Publications

The International Comparative Legal Guide to: Litigation & Dispute Resolution 2008

Pavel Dejl and Radka Felgrová have recently authored the Czech chapter in The International Comparative Legal Guide to: Litigation & Dispute Resolution 2008, providing a clear guide to the basic law on dispute resolution in court and arbitration proceedings in the Czech Republic, the organisation of Czech courts and litigation under Czech law. Other points covered include assets available to the parties, instruments used by the court to direct the proceedings, types of court orders and the effects of court decisions. Arbitration is covered in a separate chapter. The Guide is published by the Global Legal Group. To view/download click here
2.4.2008
News
M&A

KSB advises Heineken on its acquisition of Drinks Union

Kocián Šolc Balaštík (KSB) acted for Heineken during the acquisition of Drinks Union, a.s., the Czech beverages group and owner of several Bohemian breweries (Krásné Březno, Velké Březno, Louny, Kutná Hora), whose portfolio includes the Zlatopramen brand.
19.3.2008
News

Úpadek, insolvenční právo

19.3.2008
News

Úpadek, insolvenční právo

12.3.2008
News
Environmental Law

KSB – one of the first participants in the \&quot;Green Firm\&quot; environmental project

KSB is one of the first to take part in Green Firm, a project organised by REMA Systém, a.s., a company duly licensed to manage electrical waste in the Czech Republic.
11.3.2008
Publications

VAT on financial and insurance services – not just for banks and insurance companies

This article (published by C.H. Beck) by Václav Pátek (of KSB) provides a detailed legal analysis of VAT issues with a wider application than the narrowly defined specialise in the title suggests. Pátek examines selected aspects of financial and insurance services (in the current business climate no longer the sole province of banks and insurance companies) to compare Czech and EU VAT laws and to investigate whether Community law has been given full and proper effect with reference to selected services. Pátek's contribution will assist tax consultants, advocates and all of those working in the sector of tax administration, as well as all those seeking answers to VAT application issues in the seemingly narrow sector of financial and insurance services. In particular, some of the general principles identified will be applicable in areas additional to those indicated in the title. For further information click here
5.3.2008
Publications

A Practical Guide to National Competition Rules Across Europe – second edition

Pavel Dejl, Pavel Nosek and Ivo Šimeček have recently completed the chapter on the Czech Republic in A Practical Guide to National Competition Rules Across Europe – second edition, published by Kluwer Law International as part of their International Competition Law Series. True to its title, the publication is a comprehensive guide to competition law in the EU, Norway and Switzerland. As well taking an overall look at Czech competition law, the Czech chapter deals with related aspects of Community law and regulated markets legislation, cartel agreements, abuse of dominant position, competition law enforcement, powers of the Czech Antitrust Office and the law on concentration of undertakings, with illustrative recent judicial decisions. To download this chapter, click here
3.3.2008
Publications

The International Comparative Legal Guide to: Cartels & Leniency 2008

Pavel Nosek and Ivo Šimeček have recently written an article for The International Comparative Legal Guide to: Cartels & Leniency 2008, published by Global Legal Group, examining newly enacted provisions on regulation of cartels and the leniency program in the Czech Republic and briefly commenting on basic Czech competition law and the powers of the Czech Antitrust Office. The article also sets out basic information on proceedings before the Office, including reviews of its decisions and appeals. The article is available here
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