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A State at Odds: Who Gets to Represent the Czech Republic at NATO?
Who speaks for the Czech Republic abroad when the President and Government disagree? This article traces the constitutional clash over attendance at the NATO summit and the broader tension between the President’s external-representation role and the Government’s politically accountable control of foreign and defense policy.
Bank Guarantees and Subrogation Recourse: A Turning Point in Czech Case Law
A recent landmark decision of the Czech Supreme Court (file no. 29 NSČR 62/2023, dated 30 July 2025) brings a fundamental shift in the treatment of recourse and statutory subrogation in connection with bank and financial guarantees. The Court confirmed that where a guarantor satisfies the borrower’s actual debt, it may step into the creditor’s position, including its security and ranking. While this clarification may significantly strengthen the position of banks acting as guarantors – particularly in insolvency – it also highlights potential risks for financing banks using financial guarantees as part of their security package.
When Walking Away From a Deal Can Cost Money
Czech law can require compensation for unfairly ending advanced negotiations once signing has become highly likely. The Supreme Court confirms that only the intended contracting party (not involved third parties) can claim such reliance costs.
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Giese & Partner has been recognised by The Legal 500 as a “Leading Law Firm” in the Czech Republic for real estate and construction, and banking and finance. The firm has also been recognised by IFLR1000 as a “Notable Law Firm” in the Czech Republic and Slovakia for M&A, insolvency and restructuring, and banking and finance.










