The European Union Court of Justice Ruled Employers Must Keep Records of Employees’ Worked Hours
All employers in the European Union will have to keep exact records of their employees’ working hours. This is the gist of a judgment issued by the Court of Justice of the European Union and binding for all European Union member states. The Court of Justice of the European Union ruled that Member States “must […]
Dissolution of a Business Corporation Incapable of Carrying Out its Activity
In its decision file no. 27 Cdo 4030/2017 dated 28/02/2019, the Supreme Court of the Czech Republic commented on the dissolution of a corporation that is unable to carry on with its business. A court may dissolve a legal entity and order its liquidation if the conditions specified in Section 172 of the Civil Code […]
Achour & Partners Advises a Major Contracting Authority in Relation to Asset Takeover under Section 1893 of Act no. 89/2012 Coll., Civil Code, as Amended (“Civil Code”)
As part of our legal services, we focus on the issue of “asset assumption” under Section 1893 of the Civil Code and the delineation of a “proportionally determined part” of assets, to which the concept of asset assumption is connected in law, resulting in a recipient’s assumption of both the assets and debts related to […]
The Invalidity of an Arbitration Clause Resulting from the Nontransparent Designation of Arbitrators
According to the Judgment of the Supreme Court of the Czech Republic, file no. 33 ICdo 40/2018 dated 24/01/2019, if an arbitration agreement (clause) specifies rules for the parties to determine the number and identity of arbitrators or specifies the way in which the number and identity of arbitrators are to be determined, Section 7 […]
Achour & Partners Legal Team Welcomes Anna Rozmánková
Anna Rozmánková is the newest member of the legal team of Achour & Partners. Anna Rozmánková specializes in private, business and financial law. She also focuses on intellectual property and personality protection legislation. Anna provides legal services in the fields of corporate, contract, real estate and intellectual property law. Anna graduated from the Charles University […]
Gabriel Achour Reelected to Association for Real Estate Market Development Management Board
Gabriel Achour has been reelected to serve another term on the management board of the Association for Real Estate Market Development (ARTN) (www.artn.cz). ARTN members include professionals from all branches of the real estate industry, including the fields of investment, architecture, finance, consultancy, law, brokerage, public service and academia.
Expropriation of land for the construction of a metro line
Under section 3 (1) of Act no. 184/2000 Coll., on expropriation, as amended (the “Expropriation Act”), expropriation may take place for a special statutory reason if the public benefit involved outweighs the need to protect the existing rights of the original owner. One purpose for which land may be expropriated is set out in Act […]
Calculating unjust enrichment related to buildings on another party’s land
Calculating unjust enrichment arising from buildings on another party’s land is one of the most challenging tasks facing Czech courts. Among the most pressing questions is whether the amount of unjust enrichment should be based on an expert assessment or an existing price chart. Another key concern is whether to take into account a building’s […]
Default judgments are not available to plaintiffs seeking contingent remedies
The Czech Supreme Court has taken an unequivocal position on claims for “contingent” remedies: “[W]hen a plaintiff seeks contingent remedies in a lawsuit, section 114b of the Civil Procedure Code cannot be applied” (judgment file no. 23 Cdo 1737/2017 dated October 25, 2017). This means that courts cannot make a so-called justified request (kvalifikovaná výzva), […]
Courts rule on the role of the media
The media has a vital role to play in any democratic state since it provides an important information platform and drives debate over matters of broad social significance. Through this debate, the media helps shape opinions, highlights social problems and plays an essential “watchdog” role (see the European Court of Human Rights judgment in Bladet […]