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

Legal & Tax Update   1. 3. 2006 Link

In the Czech Republic as well as in other EU countries, the first events from application of Council Regulation (EC) No. 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.

New administrative rules

Legal & Tax Update   1. 1. 2006 Link

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).

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

Legal & Tax Update   1. 11. 2005 Link

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 31, 2005.)

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

Legal & Tax Update   1. 11. 2005 Link

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 19, 2005.)

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