Excluding the option of unilateral contractual withdrawal may be invalid
During the negotiations of a contract, the parties are generally concerned with ensuring that their relationship is governed exclusively by the contract. It is, thus, common to exclude statutory provisions, especially those on potential unilateral withdrawal from the contract. Even so, if the contract does not provide specifically for the possibility of termination, then excluding […]
Acquiring real estate through the purchase of an enterprise or a capital contribution to a business corporation
Under the law in force until December 31, 2013, i.e. Act no. 513/1991 Coll., the Commercial Code (the “Commercial Code”), the transfer of real estate included in the purchase of an enterprise occurred when the new ownership of that real estate was recorded in the Cadastral (Real Estate) Register. In contrast, other items in the […]
The ban on alienating or encumbering moveable property
Contractual bans on alienating and encumbering property are not a new development. Taking the form of a simple obligation not to encumber or transfer an item owned by the debtor or another person and provided as security, this ban is important for the position of creditors, especially in cases where the debt is not secured. […]
JUDr. Karel Schelle is the co-author of Encyclopedia of Terms in the New Private Law
JUDr. Karel Schelle is one of the authors of the newly extended, second edition of Encyclopedia of Terms in the New Private Law. The book was prepared in cooperation with legal publisher LINDE PRAHA, a.s. It gives readers the chance to learn about the new private law terms and concepts regulated by Act No. 89/2012 […]
A contracting authority cannot require all subcontractors to pay the statutory minimum salary in the authority’s jurisdiction
On September 18, 2014, the European Court of Justice issued a preliminary judgment in case C-549/13, which concerns a subcontractor whose registered office is in a different EU member state and whose employees exclusively perform their relevant work in the subcontractor’s country of origin. This authority, which was based in Germany, stated in its tender […]
Kateřina Lávičková strengthens the legal team at Achour & Hájek
Kateřina Lavičková is a new member of the legal team at Achour & Hájek. Kateřina is a graduate of the law faculty at Charles University in Prague. She also studied law at Johannes Keppler University in Linz, Austria. Before starting work at Achour & Hájek, Kateřina practised law at Weinhold Legal, where she gained experience […]
Amending the Public Procurement Act
Now in its third reading, the bill to amend the Public Procurement Act has as its principal goals the simplification and greater flexibility of procurement proceedings based on the following proposed changes: the limit on “extra work” should rise from 20% to 50% of the original price of the contract. This would mean that a […]
Achour & Hájek helps to clear the good name of a renowned Czech entrepreneur
Achour & Hájek successfully represented an important Czech businessman in a dispute with a multinational company that accused him of unfair competitive conduct, breach of a non-compete clause, luring away employees and breach of know-how, all in connection with the purchase of part of his business. Last week, the good name of his business was […]
Achour & Hájek represents investor in a major acquisition
Achour & Hájek acted for a private equity investor in the acquisition of an important supplier of technological equipment for healthcare services, the pharmaceutical sector, the chemical industry, colleges and the food processing industry. The entire value of the transaction exceeded CZK 1 billion. Achour & Hájek’s lawyers participated in particular in a limited due […]
The Office for the Protection of Competition fines party for failing to preserve documentation
The Office for the Protection of Competition has punished the city of Břeclav by imposing a record CZK 1 million fine for the city’s failure to keep public procurement documentation, which is an administrative offence. The documents in this case concerned the call for study proposals regarding the full reconstruction of the public lighting system […]