The Legal 500

Insolvency proceedings aim mainly to find a complex solution to the financial standing of a debtor who has gone bankrupt according to one of the laws (Act No 182/2006 Sb., on Insolvency and the Methods of its Solution; hereinafter referred to as the “Insolvency Act” ) in the way set forth, especially in order to secure the claims of creditors. In practice, some institutes of the Insolvency Act are used in ways that contrast with its general purpose.

In almost every due diligence involving real estate in the Czech Republic, several legal is-sues emerge which are crucial for the existence (or non-existence) of ownership or other rights regarding real estate established in favour of certain subjects. The following legal issues are typically encountered in due diligence projects. It is important to understand and assess these issues correctly.

legal developments in the energy practice

On 1 January 2011 the new Tax Procedure Code took effect which will regulate tax proceedings in the Czech Republic . As tax proceedings concern almost everybody, as almost everybody pays tax, let us look at what the new Tax Procedure Code will bring.

The Operational Program Research and Development for Innovations (OPRDI) was implemented for public institutions in the industrial research and development sector. The aim of the program is to develop cooperation between universities and industrial enterprises, to support research and development at universities and research institutions, and to highlight supply and demand in the research and development sector. The Ministry of Education, Youth and Sports of the Czech Republic (www.msmt.cz) is charged with managing the program. Knowledge of certain basic principles is useful when using subsidies in compliance with the stipulated rules.

The Directive of the European Parliament and of the Council 2006/123/EC of 12 December 2006, on services in the internal market ("Directive" or "Directive on services") substantially develops the freedom of establishment and freedom of cross-border provision of services under Articles 43 and 49 of the EC treaty. The Directive applies to all types of services except those which are expressly excluded. In the Czech Republic, the Directive on services was implemented by Act No. 222/2009 Coll., on Free Movement of Services that came into force on December 28, 2009.

In the Czech Republic , the heavily debated and controversial act on significant market power in the sale of agricultural and food products, and its abuse, came into force at the beginning of the last year. The aim of the act is to regulate retailers’ (mainly huge multinational retail chains) purchasing power over suppliers of food and agricultural products. An action has been filed in Brussels in which businesses request proceedings be brought against the Czech Republic, arguing that the act is incompatible with EU competition law.

Will a dispute concerning the 5+1 and the 5+0 rules also arise in Slovakia (similarly to the Czech 3+0 versus 3+1 rules)? Is the regulation of the time limit for tax assessment in Slovakia , which is applicable to international tax treaties, discriminatory?

Alternative dispute resolution is an important consideration in the Czech Republic, particularly on account of the fact that judicial proceedings in the state courts can take up to several years. Arbitration is currently in common use in the resolution of both national and international disputes.

The real estate tax rate doubled on the basis of the amendment to the Real Estate Tax Act that came into force in 2010. Therefore some municipalities took their option and increased the tax rates. The rate increased from CZK 5.00 to CZK 10.00 per square meter of built-up area for structures serving for industry, building industry, transport, energy industry and other agricultural production, and from CZK 0.10 to CZK 0.20 per square meter of land. Arable land, hop gardens, vineyards, gardens, fruit orchards, permanent grasslands, productive forests and fish ponds, and also structures for other business activity make an exception.