Neuigkeiten und Publikationen
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!
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?
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, Prag, 20.03.2019
Am 20. März 2019 fand die erste von der Veranstaltungsreihe „The Food Chain Investor“ in der Kanzlei von Giese & Partner in Prag statt. Die Branchen des Nahrungsmittelsektors verzeichnen einen anhaltenden Boom. Ein Investment in diesen Bereichen ist daher nicht mehr allein für institutionelle Anleger interessant, sondern auch für private Investoren. Dabei gibt es in […]
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 geehrt von Who’s Who Legal mit dem Titel führender Anwalt im Bereich Restrukturierung und Insolvenz in der Tschechischen Republik
Zum wiederholten Male wurde Dr. Ernst Giese, geschäftsführender Partner der Anwaltskanzlei Giese & Partner, von Who’s Who Legal mit dem Titel führender Anwalt in den Bereichen Restrukturierung und Insolvenz in der Tschechischen Republik geehrt. Sein Name erschien in der Publikation „Who’s Who Legal: Restructuring & Insolvency 2019“. Who´s Who Legal ist eines der weltweit führenden […]
Making the Labor Code Work
Martin Holler / JUDr. Zuzana Francúzová
Satisfied employees are a prerequisite for a successful entrepreneur. This is why every employer should ensure compliance with labor law. Sometimes a demanding task as labor law provisions have failed to keep pace with the ‘fourth industrial revolution’ and do not reflect the current needs of the employers. New Age: Labor Law vs. Digitalization Industry […]
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 erster und Martin Holler zweiter Vorsitzender des DAV in Tschechien
Im Mai 2018 wurde der Deutsche AnwaltVerein (DAV) in Tschechien z.s. ins Leben gerufen. Den Vorsitz übernahm hierbei Dr. Ernst Giese. Als sein Stellvertreter wurde Martin Holler auserkoren. Derzeit liegt die Anzahl der Mitglieder des nun schon 14. Auslandsvereins der DAV bei vier Anwälten. Zum Bericht im Berliner Anwaltsblatt >>
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 […]
Executive vs Employment Contract – Now the Constitutional Court
The question, if an employment agreement with a top executive is legally valid, is already a legal classic. The Constitutional Court now upheld a verdict of the Supreme Court issued earlier this year on simultaneous executive service agreements and employment contracts. Such arrangements with the company’s top executives shall no longer be generally considered invalid. […]
Let’s Play – Turn the Gam(bl)ing on
While playing computer or video games, it is not obvious and definitely not the first concern of a gamer or gamer’s parents, that the lines between gaming and gambling are nowadays blurred. This was the reason for fifteen states including the Czech Republic to sign a declaration regarding risks of computer games, among others the […]
If You Think That Compliance is Expensive, Try Non-compliance!
As the end of the year is around the corner, it is time for an evaluation of the compliance management systems used in businesses. For almost two years now, such compliance rules and their management have had the power to save companies from criminal prosecution. On December 1, 2016, the amendment to the act on […]
You are Wrong! Eliminate Mistakes in the Land Register by a Note of Dissent or a Note of Dispute
Sometimes the record in the Land Register does not correspond to the actual legal status. Czech law provides a number of institutes to prevent or help to remedy this. Two of the most important ones are the note of dissent (poznámka rozepře) and the note of dispute (poznámka spornosti). Note of dissent: Outdated Land Register […]