Publications
European Court of Justice declares itself not competent when the reference for a preliminary ruling26/03/06 / cata_european-union-news
Judgement by the European Court of Justice in Case C-302/04 – Ynos kft v Janos Varga, dated 10 January 2006 More
Information on an amendment to Act on Collective Investment18/03/06 / cata_legal-tax-update
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. More
Important amendments to Commercial Code and Accounting Act01/03/06 / cata_legal-tax-update
On March 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. More
Council Regulation (EC) No. 1346/2000 on bankruptcy proceedings to affect Czech entities doing business in foreign countries01/03/06 / cata_legal-tax-update
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 rules01/01/06 / cata_legal-tax-update
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). More
Unfair commercial practises directive28/11/05 / cata_european-union-news
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” More
Concession for management, distribution and maintenance of a public gas distribution installations –28/11/05 / cata_european-union-news
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 More
Principle of equal treatment of man and woman, rule of equal pay for man and woman28/11/05 / cata_european-union-news
The judgement of the European Court of Justice in case C-191/03 – North Western Health Board v. Margaret McKenna, dated 8 September 2005 More
Scope of requirements for establishment of breach of community law by a member state28/11/05 / cata_european-union-news
Judgement of the European Court of Justice in case C-287/03 – Commission v. Belgium, dated 12 May 2005 More
Free movement of goods: Restriction on import of medicines for personal use28/11/05 / cata_european-union-news
Judgement of the European Court of Justice in case C-212/03 – Commission v. France, dated 26 May 2005 More
Reimbursement of the costs of a bank guarantee provided in lieu of payment of a fine imposed by the28/11/05 / cata_european-union-news
Judgement of the Court of First Instance in case T-28/03 – Holcim (Deutschland) AG v. European Commission, dated 21 April 2005 More
European Parliament and Council Regulation (EC) No. 805/2004, on European Enforcement Order for uncontested claims01/11/05 / cata_legal-tax-update
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 premises01/11/05 / cata_legal-tax-update
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.)
Referral for a Preliminary Ruling of the European Court of Justice from an Arbitration Court19/06/05 / cata_european-union-news
The judgment of the European Court of Justice in Denuit and Cordenier (C-125/04) of 27 January 2005 More
Claims for Damages against the Community in External Trade Cases19/06/05 / cata_european-union-news
The judgment of the Court of First Instance in Chiquita Brands and Others v. European Commission (T-19/01) of 3 February 2005 More
Proposal for Regulation on Visa Information System19/06/05 / cata_european-union-news
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. More
Securing Consumers safety – new guidelines for notification of dangerous products19/06/05 / cata_european-union-news
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) More
Refusal by the European Commission to Pursue a Claim against Competitors19/06/05 / cata_european-union-news
The judgment of the European Court of Justice in European Commission v. max.mobil Telekommunikation Service (C-141/02 P) of 22 February 2005 More
Competition – FIFA regulations on occupation of football players’ agents19/06/05 / cata_european-union-news
Judgment of the Court of First Instance in Laurent Piau v. European Commission (Case T-194/02) of 26 January 2005 More
Competition Law – new standards in the assessment of conglomerate merges19/06/05 / cata_european-union-news
Judgment of the European Court of Justice in Tetra Laval BV v. European Commission (Case C-12/03 P) of 15 February 2005 More