Case law

The register court’s calls for rectification may lead to the dissolution of a company with liquidation

Friday, 9. November 2018 - 11:43
In its decision File No. 27 Cdo 1135/2017 of 28 February 2018, the Supreme Court of the Czech Republic addressed the question of whether it is possible to change a decision to dissolve a company with liquidation made by the registration court for statutory reasons (i.e. it was not a voluntary dissolution of the company). The Supreme Court ruled...

How does end of Visapoint affect immigration procedures?

Wednesday, 22. November 2017 - 14:51
Until the end of October, the Ministry of Foreign Affairs ran a so-called Visapoint; a tool which could be used by foreigners to set up a meeting for submission of the application for stay permit with a local embassy of the Czech Republic in an electronic form. The system was severely criticized as it was overload in certain countries to the...

The Right of Prior User and Local Reach

Friday, 9. June 2017 - 14:19
It often happens that business undertakings use marks for their goods that are not formally registered at the Industrial Property Office. Possible reasons for this include an effort to save money on registration fees, administration costs or the cost of legal services, even though the sums involved are not significant. Although such marks are not...

Dismissal for Reason of Removal of Manager

Friday, 17. February 2017 - 10:00
...in Accordance with Section 73a Article 2 of Labour Code Verdict of the Supreme Court of the Czech Republic file no. 21 Cdo 2376/2015 of 5 May, 2016 The Supreme Court addressed a question whether an employee may be dismissed in accordance Labour Code after they have been removed from a position of a manager provided that a deal was made...

Carers for Limited Liability Companies. As Well

Monday, 19. December 2016 - 10:28
Ruling of the Supreme Court of the Czech Republic No 29 Cdo 3899/2015 of 20 April, 2016. The Supreme Court recently heard a case dealing with a possibility of a carer appointment being given by a limited liability company in accordance with Article 165 Section 1 of the Civil Code, as amended, if the company in question has no executive director...

Formal Necessary Requirements of Bill of Exchange

Monday, 21. November 2016 - 12:26
The Supreme Court has recently heard a case concerning formal requirements of a Bill of Exchange, which need to be met so as it could be deemed one. In accordance with Section 75 of the Bill of Exchange and Cheque Act, a Bill of Exchange is to contain the following: A label confirming the document in question is a bill of exchange within the...

Notice for Failing to Stick to Prescribed Recuperation Procedure

Thursday, 4. August 2016 - 16:55
The Supreme Court has recently dealt with a case of what the conditions for terminating an employment for serious breach of discipline an accordance with Sect. 52 Article h) of the Labour Code. It stipulates that an employee has to comply with a status of a person temporarily incapable for work, i.e. to stay in the place of their residence and...

Do you have a house in co-ownership? Avoid overusing it!

Thursday, 14. July 2016 - 14:21
Resolution of the Supreme Court Ref. No. 28 Cdo 1602/2015 of 7 October 2015 In the above decision, the Supreme Court dealt with an action in which the plaintiff, as a co-owner of a property, demanded payment of unjust enrichment from the other co-owner of the property on the ground that the other co-owner, without the plaintiff’s consent, enabled...

Holding a child’s hand at the pedestrian crossing is not required, but ...

Tuesday, 14. June 2016 - 15:05
Ruling of the Constitutional Court of 15 December 2015, File Ref. No.: I. ÚS 1587/15 In its ruling, the Constitutional Court dealt with the accident in which two little girls, accompanied by their father, were seriously injured at a pedestrian crossing. Lower courts had decided that the driver of the vehicle that caused serious injuries to...

Beware of changes in employee addresses!

Monday, 4. April 2016 - 6:53
Judgement of the Supreme Court of the Czech Republic of 23 June 2015, Ref. No. 21 Cdo 3663/2014Do you intend to immediately terminate the employment of an employee? Make sure that the document is delivered correctly!Immediate termination of employment must be made by the employer in writing, defining factually its reason to ensure that it cannot...

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