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…

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…

Podcast: Data privacy law in Cech Republic and Slovakia with the experts of Rowan Legal

18.9.2020

❗New Podcast❗ Know the data protection laws in Czech Republic and Slovakia with Michal Nulíček and Jan Tomíšek  from the law firm ROWAN LEGAL. Meet our experts, know their #dataprotection regime, the connected #laws and the main practical issues faced…

Out-of-court settlement of consumer disputes

14.9.2020

Authors: Mgr. Michal Nulíček, LL.M., Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E, Mgr. Ondřej Kašpar Do you inform your customers about out-of-court settlement of consumer disputes in the terms and conditions? Section 14 of the Consumer Protection Act (CPA) lays…

IRISH PRIVACY WATCHDOG DECIDES THAT FACEBOOK CANNOT SEND PERSONAL DATA TO THE US

13.9.2020

Authors: Mgr. Michal Nulíček, LL.M., CIPP/E, Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E, Mgr. Filip Beneš The Irish privacy watchdog has issued Facebook a preliminary prohibition on transferring data to the United States, two months after the Schrems II decision…

Josef Donát, has been selected by Global Arbitration Review’s (GAR)

11.9.2020

We are proud to announce that one of our partners Josef Donát, has been selected by Global Arbitration Review’s (GAR) independent research with clients and peers in Data Privacy & Protection of Who’s Who Legal. More information here.

The implementation of the DAC 6 directive is carried out with effect from 1 September 2020

10.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová The implementation of the European DAC Directive 6 brings a new notification obligation and the subsequent automatic exchange of information on cross-border arrangements, which may be motivated…

Can an insolvency trustee be appointed a liquidator of a company without his consent?

9.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Lucie Kačerová, Mgr. Tereza Holubová The Supreme Court confirmed in a recent decision that the court can appoint an insolvency trustee as a liquidator of a legal entity that is…

REVIEW OF BINDING OPINIONS UNDER THE BUILDING ACT REGIME

8.9.2020

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zabranský, JUDr. Martin Mezenský Publisher: Právní prostor Binding opinions are the basis for substantive decisions of building authorities. It depends on their content to what extent and whether the construction project will be allowed…

Who’s Who Legal: Arbitration 2021

4.9.2020

We are proud to announce that our colleagues have been selected by Global Arbitration Review’s (GAR) independent research with clients and peers for recognition in the Future Leaders section of Who’s Who Legal: Arbitration 2021. Miloš Olík was recognized on…

NGL Symbio – 5 new partners including ROWAN LEGAL

3.9.2020

We are proud to be a part of this cooperation of independent law firms. We are already looking forward to sharing best practices and know-how to improve our legal services. NGL Symbio is moving forward and is very proud to…

Protection against bankruptcy petitions from creditors is coming to an end

26.8.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek and Mgr. Tereza Holubová 📣⭕ On 31 August 2020, the protection period during which creditors could not file bankruptcy petitions against their debtors comes to an end. 🕛 It’s time to…

Online aggregators under the new digital single market’s rules

20.8.2020

Authors:JUDr. Josef Donát, LL.M., Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M. Just like supermarkets, online aggregators enable users to obtain the best products conveniently. How will the Directive on Copyright in the Digital Single Market change online aggregators (such…

Use of trademarks in video games in the light of current case law

11.8.2020

Authors: JUDr. Josef Donát LL.M., Mgr. Ing Pavel Hejl and Mgr. David Sláma Publisher: Právní prostor A New York court recently ruled that the use of AMV’s Humvee vehicles in Activision’s games is not an infringement of intellectual property rights…

REVISION EXPERT ASSESSMENT IN CIVIL PROCEEDINGS

3.8.2020

Authors: JUDr. Lukáš Duffek, Mgr. Jaroslav Heyduk a Mgr. Lucie Kačerová Publisher: epravo.cz If the conclusions of the expert opinion do not appear to the court, can it replace them with its own reasoning? At first glance, this makes perfect…

Real estate acquisition tax

31.7.2020

Authors: JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb, Mgr. Martin Murad and Mgr. Jan Novotný, LL.M. On 8 July 2020, in its third reading the Chamber of Deputies passed the proposal of the Ministry of Finance to abolish the real…

Protection of whistle-blowers in the Czech Republic

24.7.2020

Authors: Mgr. Michal Nulíček, LL.M., CIPP/E, Mgr. Bohuslav Lichnovský, LL.M., FIP a Mgr. Anna Cervanová, LL.M. Publisher: epravo.cz Protection of whistle-blowers in the Czech Republic  The protection of whistle-blowers concerns persons who report the abuse of rights, illegal activity, corruption…

Constitutional Court reiterates that a time limit as such cannot be unconstitutional

21.7.2020

Authors: Mgr. Petr Zábranský a JUDr. Martin Mezenský Today the Constitutional Court of the Czech Republic published its finding Ref. No. PL ÚS 25/19 that rejects the proposal of the Supreme Administrative Court to repeal Section 80 par. 1 and…

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