NEWS & PUBLICATIONS
Marie Zámečníková als Referentin in Düsseldorf
Unsere Kollegin Marie Zámečníková, Senior Associate bei Giese & Partner, nimmt an der Fachtagung „Namensverfassungsrecht“ am 19. Juni 2026 in Düsseldorf teil.
Ernst Giese als Referent beim DAT 2026 in Freiburg
Dr. Ernst Giese, Partner bei Giese & Partner, wird beim Deutschen Anwaltstag 2026 in Freiburg als Referent auftreten. Er beteiligt sich an einer Diskussionsveranstaltung zu europäischen Perspektiven auf die Zukunft der Anwaltschaft, mit besonderem Fokus auf aktuelle Entwicklungen und neue Technologien.
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.
Attorney May Be a Witness to a Will
A recent Czech Supreme Court ruling has provided clarity on witness eligibility in succession matters, confirming that an attorney may also act as a witness to an allographic will.
Handwritten will: New Supreme Court Decision
A recent Czech Supreme Court decision clarified that if the authenticity of a handwritten will is disputed, the person relying on the will must generally prove its authenticity. The ruling further strengthens the importance of proper estate planning and notarised wills.
Covid May Be Over – Its Legal Consequences Are Not
The Czech Constitutional Court has confirmed that claims for damages caused by unlawful Covid‑19 measures cannot be dismissed on rigid procedural grounds alone. Even years after the pandemic, courts must assess whether affected businesses had realistic opportunities to defend their rights during the crisis.
Personal Liability of Managing Directors for Late Insolvency Filings
A recent decision of the Czech Supreme Court highlights the growing personal risk for managing directors who fail to file for insolvency in time. The case confirms that insolvency-related liability may arise even without formal insolvency proceedings, significantly expanding managing directors’ exposure to creditor claims. The article explains the practical implications of this development and why early action is critical in financially distressed situations.
Czech Agrivoltaics: From Theory to Practice
Agrivoltaics in the Czech Republic has rapidly evolved from a new legal concept into a fully supported investment opportunity. Since early 2025, a dedicated subsidy programme (up to 30 %) has been launched, the regulatory framework expanded, and energy storage integrated into project design. At the same time, stricter LPIS compliance confirms the core principle of genuine dual use of agricultural land.
What If Assets in Notarial Escrow Are Not the Depositor’s?
The article explains a recent Czech Supreme Court ruling concerning assets placed in notarial escrow by a party without proper legal title. It clarifies what the decision does—and does not—mean for transactional practice, confirming that notarial escrow remains a trusted and secure solution, provided it is supported by proper legal due diligence and verification of the asset’s origin and ownership.
Mandatory Employer Contributions to Retirement Savings for High Risk Employees
As of 1 January 2026, Act No. 324/2025 Coll. introduces mandatory employer contributions to retirement savings for employees performing selected high risk work. This article outlines who is affected, when the obligation arises, and highlights the key practical implications for employers, including information duties and record keeping requirements under the new pension reform.