5.1.2022
News
Environmental Law

KSB Defends Another Biomass Heating Plant Against Lesy ČR’s Damages Claim

KSB’s environmental law and litigation specialists have scored a significant victory, as another operator of a biomass heating plant does not have to pay damages to state enterprise Lesy České republiky (the Czech Forestry Agency) for immission damage to forests.

On 4 January 2022, the Court of Appeal's judgment that rejected Lesy České republiky, s.p.’s claim for compensation for damage to forests that was allegedly caused by a biomass heating plant in South Bohemia in 2016 became final and enforceable. The court disagreed with Lesy ČR’s argument that the operation of a source of air pollution was particularly hazardous and, at the same time, took into account the fact that biomass heating plants are significantly more environmentally friendly than fossil fuel-based operations.

Lesy ČR’s claims are filed annually based on the data registered in the Register of Emissions and Sources of Air Pollution. Such data become the basis for an expert deposition study, whereunder Lesy ČR claims compensation for damages for premature removal of forests, for reduced growth, production and quality of forests, and for special or more costly measures in individual calendar years. Although the court confirmed that the methodology which Lesy ČR uses to calculate the damage to forests is generally correct, it also held that efficient measures had been introduced in the operation of the defendant’s heating plant to reduce emissions to the maximum extent possible. The court also held that entirely emission-free generation of heat and electricity is not possible given the current state of general knowledge and the commonly demanded scope of heat and electricity supplies.

The judgment in question is of great importance given its precedent-setting nature, both for heating plants using biomass as fuel and for operators of other industrial plants which are successfully implementing measures to make their plants greener.

Other articles

13.1.2026
News

When too much prevention does more harm than good

At the end of 2025, the Supreme Court of the Czech Republic ruled that the preventive retention of traffic and location data under the Electronic Communications Act infringes the rights of the persons whose data is concerned.

At the end of 2025, the Supreme Court of the Czech Republic ruled that the preventive retention of traffic and location data under the Electronic Communications Act infringes the rights of the persons whose data is concerned.

8.1.2026
Capital markets

KŠB Advises on the Establishment of FIDUROCK Retail Parks Fund SICAV

Kocián Šolc Balaštík advised Fidurock on the establishment of FIDUROCK Retail Parks Fund SICAV, an investment fund targeting qualified investors and focused on areal estate portfolio in the Czech Republic and Slovakia.

Kocián Šolc Balaštík advised Fidurock on the establishment of FIDUROCK Retail Parks Fund SICAV, an investment fund targeting qualified investors and focused on areal estate portfolio in the Czech Republic and Slovakia.

2.1.2026
News

KŠB Announces Senior Appointments: Ivo Průša Named Partner; Dana Jacková, Jana Guričová and Ján Béreš Promoted to Counsel

Kocián Šolc Balaštík (KŠB) has recently made several senior appointments within its leadership team. Ivo Průša has been named Partner as of 1 January 2026, while Dana Jacková, Jana Guričová and Ján Béreš have been promoted to the position of Counsel.

Kocián Šolc Balaštík (KŠB) has recently made several senior appointments within its leadership team. Ivo Průša has been named Partner as of 1 January 2026, while Dana Jacková, Jana Guričová and Ján Béreš have been promoted to the position of Counsel.