Prague Municipal Court: Former minister remains a public figure
In a judgment issued on July 12, 2018 (file no. 22 Co 65/2018), Prague Municipal Court considered the case of a former high-ranking Czech political official, an ex-government minister who had been exposed to a high level of public and media scrutiny and was generally one of the best-known figures on the Czech political scene. […]
Settling claims after unilateral withdrawal from a contractor agreement
In a decision on September 26, 2018 (file no. 32 Cdo 1340/2018), the Czech Supreme Court considered how to resolve the competing rights of the parties to a contractor agreement after the withdrawal of one party. In the case at hand, the contractor’s claim concerned improvements it had made to a property which had increased […]
Good practice and GM decisions on profit distribution
In a decision on October 10, 2018 (file no. 27 Cdo 1499/2017), the Czech Supreme Court assessed whether a general meeting’s decision to distribute profits had complied with good practice. Failure to observe good practice may invalidate the decision of a general meeting of a limited liability company. The court found that if a stake […]
Extraordinary acquisitive prescription (adverse possession)
Starting from January 1, 2019, the doctrine of extraordinary acquisitive prescription may be used to gain title to real estate in the Czech Republic. Under the transitional provisions in Section 3066 of the Civil Code, the extraordinary acquisitive prescription period must extend for at least five years from the date when the Civil Code took […]
Cancelling an easement based on a change of circumstances
In a decision on June 27, 2018 (decision file no. 22 Cdo 1793/2018), the Czech Supreme Court considered whether a change of land ownership could be grounds for terminating an easement. In general, an easement ceases to exist if (i) the parties so agree or the period for which the easement was established ends (Section […]
Constitutional Court rules on the issue of additional work
In its judgment dated 8 November 2018 (file no. I. ÚS 1283/16), the Constitutional Court explored the legal basis for so-called additional work. The issue at hand was whether work beyond the scope originally agreed on should be seen in the context of the original work contract or treated as a new independent performance (i.e. […]
Right to a rental discount
In its judgment dated 11 October 2018 (file no. 26 Cdo 527/2017), the Czech Supreme Court addressed the issue of discounts on rent. The court held that even if a tenant has been prevented from enjoying its leasehold in the manner stated in the lease agreement or another reasonable manner, it is not entitled to […]
Legal fees in small claims cases
In a recent judgment (file no. IV. 3859/17), the Constitutional Court considered the issue of legal costs in small claims cases. The court’s ruling can be summarised as follows: based on the principles of a fair trial, as stated in Article 36 et seq. of the Charter of Fundamental Rights and Freedoms, a lawyer’s fee […]
Achour & Partners is a winner at the 11th annual Law Firm of the Year awards
Achour & Partners had another successful year at the 2018 Law Firm of the Year awards. The firm was rated “highly recommended” or “recommended” in the areas of development and real estate projects, litigation and public contracts as well as Czech law firm on the international market. This year’s gala was sponsored once again by […]
Invoicing service fees for a lease of business premises
In its judgment dated 1 June 2018 (file no. 26 Cdo 4404/2017), the Czech Supreme Court confirmed that for any lease of business premises, the final statement of service fees must comply with all statutory requirements and correctly state the price of all services delivered. If the final service fee statement is incorrect, the landlord […]