News & Publications
Der tschechische Pfandbrief wird Dank Novellierung sicherer
by Dr. jur. Ernst Giese / Mgr. Jitka Sytařová, LL.M.
Seit dem 4. Januar 2019 gibt es endlich eine Neuregelung des Rahmenwerks zu den tschechischen Pfandbriefen. Das alte Regelwerk offenbarte an mehreren Schlüsselstellen Unzulänglichkeiten, darauf deutet nicht zuletzt die immer lauter werdende Kritik wichtiger Marktakteure hin. Was genau sich durch die Novellierung geändert hat und welche Folgen diese Änderungen für die Zukunft der Immobilienfinanzierung hat, […]
Fikce uznání nároku a rozsudek pro uznání, aneb dva roky poté
by JUDr. Ondřej Rathouský / Mgr. Jana Kostěncová
Uplynuly již více jak dva roky od zasedání pléna Ústavního soudu, které se zabývalo ústavností právní úpravy zakotvené v ustanovení § 114b odst. 5 o.s.ř. ve spojení s ustanovením § 153a odst. 3 o.s.ř., tj. fikcí uznání žalovaného nároku v případě nepodání vyjádření k žalobě v rámci soudem stanovené lhůty a vydáním rozsudku pro uznání. Optikou dura lex, […]
Prepadnutie dovolenky: Zákonník práce verzus ESD?
by Mgr. Jitka Sytařová, LL.M. / JUDr. Zuzana Francúzová
Podľa voľne dostupných zdrojov mnohí advokáti zastávajú názor, že ak si zamestnanec nevyčerpá základnú výmeru dovolenky do skončenia nasledujúceho kalendárneho roka (t.j. ak si dovolenku za rok 2017 nevyčerpá ani v roku 2018), nárok na túto „starú“ dovolenku zamestnancovi zo zákona zaniká. Je to ale naozaj tak? Tento záver považujeme prinajmenšom za sporný. Podľa Zákonníka práce […]
Giese & Partner: Recognised Practitioner – Chambers and Partners 2019
We are proud to announce that Giese & Partner was recognised by Chambers and Partners as Recognised Practitioner in Dispute Resolution for 2019. Congratulations to our colleague Ondřej Rathouský (head of our dispute resolution department) and his team to this well deserved success. Chambers and Partners is an independent research company which analyses the capabilities […]
Let´s Tax This!
One of the hottest topics in the history of the Czech Republic has been the so called church restitution, i. e. a plan to return the property that churches lost by state confiscation during the communist regime. This discussion should have long been closed by the “Church Restitution Act” that went into effect on 1st […]
Worse Than Death?
Woody Allen once wrote: “There are worse things in life than death. Have you even spent an evening with an insurance salesman?” The brand-new Insurance Distribution Act tries to improve things for consumers a least a little. Consumer protection and education requirements Consumers shall benefit from a higher level of knowledge of insurance products as […]
My Name Is Bond, Covered Bond!
by Mgr. Jitka Sytařová, LL.M. / Gabriela Škvařilová
The long-awaited amendment of the Act on Bonds has finally come into force. Its aim is to eliminate shortcomings of existing legislation causing legal uncertainty and to establish institutes already common in other countries. It introduces a completely new concept of covered bonds which may be issued by banks only. The Act newly recognizes three types of […]
Sale of Apartments Easier Again?
The Czech housing market suffers from the re-established pre-emptive right of co-owners. This relates not only to residential premises but also garages, parking spaces, cellars and driveways which are functionally connected with apartments. This made sales of apartments much more complicated as sellers are obliged to offer their co-ownership of functionally connected non-residential units to […]
We Now Think That You Are a Criminal
A recent amendment to the Criminal Code (CC) introduced an absolute novelty in the Czech legal system – the all new criminal act of Obstruction of Justice. Imagine that in civil proceedings, a contract is submitted as evidence, which the plaintiff or defendant “produced”. He wrote it and antedated it for the sole purpose of […]
Automatic Transfer of Employees
The automatic transfer of employees due to the takeover of activities between two entities is in real life rather complicated. Although there are numerous expert interpretations and decisions by Czech and European courts, employers and especially courts still have to deal with many open questions. In a recent decision, the Supreme Court explicitly confirmed the […]
Being Sick Not So Expensive Anymore
Employees do not receive money for the first three days of their sick leave. However, this is soon to be over. With effectiveness from July 1, 2019 employees will be entitled to salary compensation also for these days. Critics claim that the current mechanism was an effective way to decrease the sickness rate and limit […]
What They Know About You
Being late by almost a year, a national law implementing the European General Data Protection Regulation (GDPR) has finally made it to the ultimate stage of the legislative process; the new Act on Personal Data Processing (PDPA) landed on the president’s desk for signing. The PDPA will finally adjust the GDPR which already replaced the […]
Some issues are not subject to court proceedings themselves but their solution is rather a prerequisite for a court ruling on the merits. Such issues are referred to as preliminary questions and need to be considered first. For example, in possession proceedings the question of the validity of the contract can be assessed as preliminary […]
How the Constitutional Court Saved Arbitration
The Constitutional Court and the Supreme Court of the Czech Republic in recent years have gained a reputation of not being very open towards arbitration clauses. Any ambiguity in the wording usually lead to the invalidity of the arbitration clause and thus to unenforceability of the respective arbitration awards. This approach has been one of […]
New Labor Age
New Age Industry 4.0 has brought countless new challenges to labor law. Increased flexibility of employment sharing (collaborative) economy and crowdworking have challenged the traditional understanding of terms like “employee” and “sole trader”. Differences between them are fading. Teleworking and home office have widely increased, so many employees do not have to commute daily to […]
How Much Do You Make?
by JUDr. Valter Pieger / Mgr. Renáta Sedliačková
It’s common practice that employment agreements include a clause that employees shall keep their wage confidential. The intention of such clauses is to keep the employers’ wages policy unrevealed. However, an Amendment to the Labour Code, makes this practice impossible. Moreover, employees may reveal also any other employment conditions. The legislator expects that the new […]
Giese & Partner Prague Ranked by The Legal 500 EMEA 2019: Leading Firm and Recommended Lawyers in the Czech Republic
Giese & Partner was ranked by The Legal 500 as Leading Firm and Martin Holler and Jitka Sytařová, both partners of Giese & Partner, were ranked as recommended lawyers in Banking, finance and capital markets and in Real estate and construction in the Czech Republic for 2019. The Legal 500 is a British research agency […]
Giese & Partner Contributed to The Legal 500 Lending & Secured Finance Comparative Legal Guide 2019 for the Czech Republic
Giese & Partner became exclusive Czech Republic online country contributor to The Legal 500 Lending & Secured Finance Comparative Legal Guide 2019. This country-specific Q&A provides an overview to lending and secured finance laws and regulations that may occur in the Czech Republic. Please find our Q&A authored by Ernst Giese, Jitka Sytařová and Markéta Mrázová, […]
The Food Chain Investor, Giese & Partner, Prague, 20.03.2019
On March 20, 2019, the first of this year’s events “The Food Chain Investor” took place at Giese & Partner’s offices in Prague. The food industry is continuously growing and investment is no longer limited to institutional investors but also to private investors. Many players on the market are already succesful or will be soon […]
Giese & Partner Exclusive Contributor to the Lexology Real Estate Navigator for the Czech Republic 2019
Giese & Partner became an exclusive contributor to the Lexology Real Estate Navigator for the Czech Republic 2019. The Lexology Real Estate Navigator is an online Q&A guide designed to answer demand for an interactive way to research comparative information on Real Estate issues across multiple jurisdictions. Please find our Q&A authored by Martin Holler, […]
Ernst Giese Named by Who’s Who Legal as Leading Lawyer in the Field of Restructuring & Insolvency in the Czech Republic
Dr. Ernst Giese, the managing partner of Giese & Partner, has again been named by Who’s Who Legal as leading lawyer in the field of Restructuring & Insolvency in the Czech Republic. He is listed in the 2019 edition of Who’s Who Legal: Restructuring & Insolvency. Who’s Who Legal is one of the world’s leading […]
EINLADUNG: The Food Chain Investor Veranstaltung bei Giese & Partner in Prag am 20.03.2019
Sind Sie hungrig? Vom Start-up bis zur Systemgastronomie-Investmentmöglichkeiten für institutionelle und private Anleger im Nahrungsmittelsektor gibt es viele.
Giese & Partner Hosting Events on the Occasion of MIPIM 2019
On the occasion of the MIPIM in Cannes from 12-15 March 2019, our partners Ernst Giese and Martin Holler are looking forward to catch up with business partners and friends. As every year, we will host them at our beautiful villa close to the conference venue. Established in 1990, MIPIM – The world’s leading property […]
Team News: Jan Valíček Promoted to Senior Lawyer at Giese & Partner
Giese & Partner is pleased to announce that our colleague Jan Valíček has been promoted to senior associate at our firm. Jan joined our Prague team in 2012 as junior lawyer and became associate in 2015. He specializes in corporate law, real estate projects, employment law and civil law.
Ernst Giese und Marie Zámečníková als Referenten: Informationsveranstaltung mit dem DAV Tschechien, Dresden, 17.01.2019
Am 17. Januar 2019 nehmen Herr Dr. Ernst Giese und Frau Mgr. Marie Zámečníková, Ph.D. als Referenten an einer Informationsveranstaltung mit dem DAV Tschechien mit deren Vortrag zum Thema “Rechtsstandort Tschechien – Einführung in das tschechische Zivil-, Wirtschafts- und Prozessrecht” teil. Der DAV Tschechien wurde im Jahr 2018 als jüngster Auslandverein mit Herrn Dr. Giese […]
Ernst Giese Chairman and Martin Holler Vice Chairman of the DAV in the Czech Republic
In 2018, the 14th international branch of DAV – the Deutscher Anwaltverein Tschechien – was founded in the Czech Republic. Dr. Ernst Giese was appointed chairman and Martin Holler vice chairman of the branch. Currently, the DAV Czech Republic has four members.
CNB Stepping on the Brake: Further Interest Hikes and Mortgage Restrictions
After several years of intervention against the Czech Crown (CZK) to ensure a rate above CZK 27 / EUR and keeping interest rates at almost zero, the Czech National Bank (CNB) has sharply changed its course in 2018. The CNB’s new goal is to react to signs of overheating on the domestic market. The boiling […]
Anti-Money Laundering Directive # 3, 4, 5!
Even though the 4th Anti-Money Laundering Directive has been just implemented into national laws across the EU, the European Parliament has already adopted the 5th Directive. Member States were given a period of eighteen months for the full implementation of the newly adopted regulations. The new AML-Directive introduces several key innovations. The most important one […]
Upcoming Changes of Labor Code
An amendment to the Labor Code by the Ministry of Labour and Social Affairs introduces some important changes. Delivery rules The current inconsistency between the Labor Code and the delivery conditions of the Czech Post office causes serious problems in the delivery of termination notices. This often leads to legal disputes. The amendment shall now […]
Company as a Member of the Board of another Company – New Conditions?
Business activities in the Czech Republic are often organized as a group of companies. Not every individual company needs a person to act as managing director. This position can also be filled by a company. Under Czech law a company that is member of the elected body of another company shall authorise a (natural) person […]