The future of Czech copyright law in light of DSM directive (part II)

17.12.2021

Source: epravo.cz Author: JUDr. Josef Donát, LL.M. In the first part of my article on the future of Czech copyright law in light of the DSM Directive, I dealt primarily with the background to the adoption of the final form…

Whistleblowing is coming. Are you ready?

2.12.2021

Source: Pojistný obzor Authors: Mgr. Michal Nulíček, LL.M. and Mgr. Anna Cervanová, LL.M. The Czech Republic has only until the end of 2021 to adopt a law on whistleblower protection under the EU Whistleblower Protection Directive. Yet it is already…

CEE Legal Matters Comparative Legal Guide: Competition 2021

30.11.2021

ROWAN LEGAL invited to be the exclusive country contributor to the CEE Legal Matters Comparative Legal Guide: Competition 2021 for the Czech Republic.  The guide presents an overview of CEE’s competition regimes. It includes an outline of the main pieces of competition legislation, any notable…

Next government looks set to change the Building Act. What can we expect?

29.11.2021

Source: Hospodářské noviny Author of comment: Mgr. et Mgr. Ing. Jan Tomíšek The rules that will dictate how the Czech Republic builds in the coming years are still unclear. In July, the Chamber of Deputies overrode a Senate veto and…

In the September issue of the NSS collection of decisions the following caught our attention

8.11.2021

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský, Mgr. Tomáš Rendl The Supreme Administrative Court (the “SAC”), in its judgment of 22 June 2021, No. Komp 2/2020-44, ruled that the appeal authority for the state-funded Czech Tourism Centre – CzechTourism (“CzechTourism”)…

Law firm of the year: ROWAN LEGAL achieves 3 wins and 16 awards in total

2.11.2021

1.11.2021, Prague. On 1 November, the 14th annual Law Firm of the Year Awards, which are regularly held by epravo.cz under the auspices of the Ministry of Justice and the Czech Bar Association, were announced at Žofín Palace. It was…

Results of elections to CBA bodies at 8th Congress of the Czech Bar Association

1.11.2021

ROWAN LEGAL celebrates! We are very pleased to share with you the positive results of the CBA elections. Representatives of our law firm, JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb and JUDr. Lukáš Duffek were elected to the CAK Commission….

The zoning plan is not a coloring book

1.11.2021

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský and JUDr. Martin Mezenský The Regional Court in Ostrava, Olomouc branch (the “Regional Court”), in its judgment, annulled the amendment to the zoning plan of the city of Zábřeh to the extent of…

Děčín city preparing for zero tolerance of gambling. At what cost?

27.10.2021

Source: nasregion.cz Author of comment:  Mgr. Mgr. Jan Měkota The last casino in the North Bohemian town of Decin is due to close in May 2022. At least that is the intention of the 2019 regulatory decree by which the…

ROWAN LEGAL, PRK and tdpA offer more student seminars

27.10.2021

Source: lawyersandbusiness.cz Author of comment: JUDr. Martin Janoušek The UNIque Law educational project, which brings together three law firms – Rowan Legal, PRK Partners and tdpA – has launched its third series of webinars. The aim is once again to…

Old obligation to approve residential houses resurrected

18.10.2021

Source: E15.cz Author of comment: Mgr. et Mgr. Mgr. Ing. Jan Tomíšek As of 2018, the obligation to ensure approval for the vast majority of residential houses was deleted from the Building Act. However, the new Building Act reintroduces the…

Arca case: a high-stakes game by lawyers. Group reorganization in the works

15.10.2021

Source: tydenikhrot.cz Author of comment: Mgr. Mgr. Lucie Kačerová A meeting of creditors of the collapsed Arca Investments group has shone a light on interest groups and shown the strength of its current management. Velič’s team has withstood the pressure…

Fraudulent ads featuring familiar faces are hard to investigate but Clint Eastwood was persistent

13.10.2021

Source: aktualne.cz Author of comment:  Mgr. Mgr. Radim Obert Six million dollars, i.e. over 133 million crowns. That is how much the American actor Clint Eastwood sued a Lithuanian company for which, according to the court, falsely gave customers the…

KOMSTROY AS THE NEW ACHMEA FOR INTRA-EU DISPUTES UNDER ENERGY CHARTER TREATY?

7.10.2021

Authors: JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb; JUDr. Margarita Karešová Kucharčuk Three years ago, in its decision of 6 March 2018, case C-284/16 (Achmea), the Court of Justice of the European Union (CJEU) ruled that EU law precludes an…

New Building Act – Part 4: Is a building permit required for a porch extension, terrace, or removal of a small building?

23.9.2021

Source: hypoindex.cz Author: Veronika Hejná Author of comment: Mgr. et Mgr. Ing. Jan Tomíšek Do you need a building permit for a terrace or porch extension, or demolition of an old shed? And how will things be from 2023 under…

“Sketchy” reasoning in judgments is not enough

23.9.2021

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský and JUDr. Martin Mezenský By its judgment of 27 August 2021, Case No. 8 As 198/2021, the Supreme Administrative Court (the “SAC”) annulled the order of the Regional Court in Brno (the “Regional…

No more annoying calls. MPs finally put an end to telemarketing

20.9.2021

Source: penize.cz  Author of comment: Mgr. Michal Nulíček, LL.M. Companies will only be able to call people who have explicitly agreed to it in advance. Under the current rules, it is the other way around. MPs have finally approved an…

ROWAN LEGAL’s team grows with the addition of Kamil Jelínek

11.8.2021

JUDr. Kamil Jelínek joins ROWAN LEGAL’s public procurement team as an Of Counsel. In his practice, Kamil focuses on the award of public tenders in IT, as well as vendor lock-in and administrative law.  Before joining ROWAN LEGAL, he worked…

Force Majeure in the Czech Republic

22.7.2021

Autoři: Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M., Mgr. Lucie Kačerová Can you rely on force majeure in commercial contracts? And to which extent? We analyzed these questions in the last issue of the Legal500 guide on force majeure….

ADVOCATE GENERAL KOKOTT ON INTRA-EU INVESTMENT ARBITRATION POST-ACHMEA

25.6.2021

JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb, JUDr. Margarita Karešová Kucharčuk and Mgr. Bc. Alžběta Böhmová In her recent opinion in the C-109/20 Poland v. PL Holdings Sàrl case, Advocate General Kokott (the “AG”) addressed the possibility of intra-EU investment…

ROWAN LEGAL ranked one of the leading czech firms in 4 categories and achieves 8 rankings in Legal 500

14.4.2021

The middle of April is traditionally the time for The Legal 500 ranking (https://www.legal500.com), which publishes the results of its international comparison of law firms. ROWAN LEGAL is proud to be a part of this comparison, this year achieving high…

BINDING OPINIONS: PART III

22.3.2021

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský, JUDr. Martin Mezenský In a decision on 15 December 2020, Ref. No. 2 As 8/2018-76, the Extended Chamber of the Supreme Administrative Court (“ECSAC”) dismissed a cassation appeal against the decision of the Prague Metropolitan…

ROWAN LEGAL is one of the best Czech law firms according to Chambers Europe

18.3.2021

Prague (18.3.2021) – The Czech law firm ROWAN LEGAL is one of Europe’s leaders in providing legal services in the spheres of compliance, dispute resolution, intellectual property, energy projects and TMT (technology, media and telecommunications law). This is evident from…

ROWAN LEGAL is one of the world’s leading disputes resolution firms according to Chambers and Partners

18.2.2021

PRAGUE (February 18, 2021) – The prestigious London ranking agency Chambers and Partners has published its ranking of the world’s best law firms in Chambers Global 2021 for the 22nd time this year. ROWAN LEGAL and, at an individual level,…

Consumer protection in the insurance sector: Legal news

17.2.2021

Authors: Mgr. Michal Nulíček, LL.M., Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E and Mgr. Ondřej Kašpar Publisher: Pojistný obzor The legal regulation of consumer protection will see a number of significant changes in the near future, particularly due to new…

EUROPEAN COMMISSION PROPOSES NEW REGULATIONS FOR DIGITAL MARKET

15.2.2021

Authors: Mgr. Michal Nulíček, LL.M., Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E, Mgr. David Sláma The European Commission has presented an ambitious new proposal for two regulations aimed at introducing new rules for the digital market: the Digital Services Act…

SAC: YOU CANNOT AVOID CHANGING THE ZONING PLAN

15.2.2021

  Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský, JUDr. Martin Mezenský The Supreme Administrative Court (SAC) in a decision from December 11, 2020, Ref. No. 5 As 279/2019-27 has dismissed a cassation appeal against the judgment of the District Court in…

Changes in personal income tax as of 1 january 2021

5.2.2021

16.12.2020 Authors: JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová This week, the Senate returned to the Chamber of Deputies an amended version of a tax package which significantly amends the system of taxation…

Amendment of bond income tax regime being prepared

5.2.2021

Authors: JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová Substantial changes to the tax regime for income from bonds have been proposed as part of the upcoming amendment to the Income Tax Act, which…

Tax code amendment to change tax administration inspection procedures as of January 1, 2021

18.1.2021

Authors: JUDr. Lukáš Duffek, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová On January 1, 2021, an extensive amendment to the labor code is expected to enter into force, which among other things will have a major impact on the legal…

Prosecuting attornies supervise pre-trial proceedings even in their sleep

18.1.2021

Authors: JUDr. Lukáš Duffek, Mgr. Linda Coufalová The Supreme Administrative Court as disciplinary court has recently judged a case under Ref. No. 12 Ksz 7/2019–196, on possible disciplinary offences committed by a supervising prosecuting attorney and the prosecuting attorney in…

European parliament ratifies class actions

18.1.2021

Authors: Mgr. Michal Nulíček, LL.M., Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E, Mgr. Petr Zábranský, Mgr. Ondřej Kašpar The European Parliament has unequivocally passed the draft Directive on Representative Actions for the protection of consumer interests. After a lengthy legislation…

New tax regime relating to acquisition of real estate by natural persons

18.1.2021

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová By the Act repealing real estate purchase tax coming into effect, the tax on purchased property was repealed as of September 26, 2020, with retrospective effect, for…

The use of trademarks in video games in light of current case law

12.1.2021

Authors: JUDr. Josef Donát LL.M., Mgr. Ing Pavel Hejl and Mgr. David Sláma Publisher: Právní prostor A New York court has recently ruled that the depiction of Humvee vehicles manufactured by AMG in Activision games is not an infringement of…

NGL Symbio Law Firm Alliance

4.1.2021

On 1 January 2021, NGL Symbio is officially operational, and our international alliance of independent law firms becomes live. This new international alliance is built by partnering strong law firms in the CEE region: Rowan Legal in the Czech Republic,…

Current view of public prosecutor’s office on proving legal entities’ exculpation

9.12.2020

Authors: JUDr. Lukáš Duffek, Mgr. Tereza Holubová Since the introduction of the institution of legal entities’ exemption from criminal liability in 2016, there has been discussion on the distribution of the burden of proof in proving the conditions for its application…

Ministry of finance passes judgment on remission of accessions and advance tax

9.12.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová On 26 October 2020, the Ministry of Finance of the Czech Republic published a Judgment on the Remission of Accessions and Advance Tax in its Financial Newsletter….

Validity of legal acts in cases of non-compliance with agreed form

27.11.2020

Imagine that you have concluded a lease contract where you agreed with the counterparty that the lease contract can be changed only by written amendements signed by both contracting parties, and that the parties’ signatures must be officially certified. Then…

At which point are assets constituting marital property appraised during settlement?

4.11.2020

Authors: JUDr. Lukáš Duffek, Mgr. Barbora Šimková In a recent decision (Ref. No. 22 Cdo 1205/2019), the Supreme Court dealt with the issue of valuation of marital property (MP) for the purpose of settlement in court with the application of…

The labor code amendment: changes in the calculation of leave

4.11.2020

Authors: Mgr. Martin Murad, Mgr. Adéla Uhrinová, Zuzana Jurová On June 10th, 2020, the so-called big conceptual amendment to the Labor Code was passed. The amendment transposes European law (the directive concerning the posting of workers in the framework of…

Late payment of court fees need not always lead to the end of proceedings

4.11.2020

Authors: JUDr. Lukáš Duffek, JUDr. Jakub Hálek, Mgr. Linda Coufalová In case Ref. No. Cdo 1933/2019, the Supreme Court dealt with the legal issue of time limits for the payment of courts fees when a resolution calling the participant to…

Tax penalties are sometimes considered criminal sanctions

4.11.2020

Authors: JUDr. Lukáš Duffek, Mgr. Martin Dolnák The Czech Financial Administration does not distinguish between deliberate and negligent misconduct in the assessment of taxes when conducting inspections, and in cases of re-assessment of taxes, as part of a tax inspection,…

Law firm of the year announced: ROWAN LEGAL awarded in 2 categories and receives special award in Pro Bono / CSR category for UNIque Law project

3.11.2020

This year we have been recommended in 15 categories (out of a total of 18 potential categories) including 2 awards as Law Firm of the Year 2020 in the Energy & Projects and IT Law categories. We are also very…

New rules of procedure for tax disputes over transfer pricing

2.10.2020

Authors: JUDr. Lukáš Duffek, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová On the 15th of September, the new Act No. 335/2020 Coll., on International Cooperation in Resolving Tax Disputes in the European Union came into force. The Act primarily regulates…

Another conflict between execution and insolvency

29.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Lucie Kačerová, Mgr. Barbora Šimková The Supreme Court has already dealt with the conflict between execution and insolvency proceedings several times. In general, insolvency proceedings have priority over execution proceedings,…

Significant amendment to the Business Corporations Act – a summary of the most important points with recommended steps

29.9.2020

Authors: Mgr. Ondřej Křížek, Mgr. Irena Kolárová and Mgr. Pavel Víšek The most substantial changes to the BCA (effective as of 1.01.2021) will be: Introduction of a special type of share/stock with a so-called “dismissal” right (i.e. the right to…

A quiet “rubbish amendment” to the Public Procurement Act

25.9.2020

 Authors: JUDr. Vilém Podešva, LL.M., Mgr. Michal Kožár, Mgr. David Mlíčko Another amendment to Act No. 137/2016 Coll., on Public Procurement is on the way! One of the amendments to the previous Act No. 40/2004 Coll. (for those who still…

How to prove a note receivable in insolvency proceedings?

24.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Lucie Kačerová, Mgr. Tereza Holubová Secured promissory notes support the creditor’s position in a relationship of obligation in case the debtor does not comply with a demand. For instance, upon…

Pay attention to internal investigations in your company – or someone else will

22.9.2020

Authors: Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M., CIPP/E and Mgr. Anna Cervanová, LL.M. Are you preparing to invest in a new company? Are you a shareholder and want to protect the value of your investment? Be careful, an…

BEPS project to be implemented in some tax treaties with effect from september 1st, 2020

19.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Martin Dolnák The Czech Republic has implemented the BEPS Project in relation to Czech double taxation treaties, applying them as minimum standards. In this regard, particular double taxation treaties will…

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