Advocate General Szpunar Comments on Air BNB Service
On 13 June 2018, a request for a preliminary ruling was lodged as part of indictment proceedings launched by the office of the Parisian public prosecutor. The case concerned crimes allegedly carried out by Air BNB Ireland under the Hoguet Law on real estate brokerage activities. Air BNB Ireland denies all claims that it performed […]
Constitutional Court Comments on the Fining of Journalists
According to a Constitutional Court decision (file no. I. ÚS 4037/18), when dealing with journalists, law enforcement agencies must refrain from any actions that might suggest that those journalists are treated differently – in particular, more strictly – than other persons. In the case at hand, the court examined a fine which had been imposed […]
Distributing Part of the Profit to Elected Officers
In a decision on 27 March 2019 (file no. 27 Cdo 3885/2017), the Czech Supreme Court held that the general meeting of a joint stock company may decide to distribute part of its profits to the company’s elected officers without distributing any profits (dividends) to shareholders. There is nothing in the business corporations regulations that […]
Using Financial Statements to Decide on a Joint Stock Company’s Profit Distributions
In a decision on 27 March 2019 (file no. 27 Cdo 3885/2017), the Czech Supreme Court considered whether ordinary financial statements could be used to determine profit distributions in situations where the deadline has passed for the general meeting’s approval of those statements. These are cases when six months has expired from the final day […]
Privacy protection and online hate speech
In a judgment handed down on 19 March 2019 (Høiness v. Norway, ref no. 43624/14), the European Court of Human Rights (“ECHR”) reflected, among other things, on the question of personal privacy protection and online hate speech. In the case at hand, the court examined whether a news website had ensured sufficient monitoring of a […]
When an Arbitration Agreement is Concluded by E-mail without Verified Signatures
In a decision issued on 16 May 2019 (file no. 23 Cdo 3439/2018), the Czech Supreme Court considered the validity of an arbitration agreement that had been concluded by commercial entities from different countries through an exchange of e-mails without verified electronic signatures. According to the court, the New York Convention on the Recognition and […]
Constitutional Court Upholds Supreme Court View on Intentional or Grossly Negligent Conduct Resulting in Loss of Land Access
In a decision dated 17 July 2019 (File No. III. ÚS 2408/18) , the Constitutional Court considered the application of section 151o (3) of the old Civil Code, which authorises courts to create an easement (right of way over neighbouring land) in favour of a building owner. At the same time, the court reviewed the […]
Proving that a Power of Attorney is Genuine and Accurate
According to a Czech Supreme Court decision (file no. 20 Cdo 1299/2019) handed down on 21 May 2019, if there are any doubts about the genuineness of a power of attorney, proof of its authenticity should be provided by the authorised representative (agent) or the represented entity (principal). The signatures on a power of attorney […]
Failure to Remove an Unauthorised Structure Built in Bad Faith
In a decision handed down on 29 April 2019 (file no. 22 Cdo 185/2019), the Czech Supreme Court commented on the failure to remove unauthorised buildings that were constructed in bad faith. According to the court, even in cases where a structure was knowingly built in bad faith, a court may nevertheless choose not to […]
Arranging for a Discount on the Work Fee When the Contractor Goes Bankrupt
According to a Czech Supreme Court judgment (file no. 29 Cdo 561/2017) handed down on 25 March 2019, the parties may agree that in the event of the contractor’s bankruptcy, they will reduce the fee for work by the amount of the undrawn security (i.e. the part of the fee retained by the client until […]