Mgr. Jiří Kučera

The Twilight of Anonymous Shares?

By Mgr. Jiří Kučera | 20.12.2012

Based on the Czech government bill, the Parliament of the Czech Republic is reading for the second time the Amendment to the Commercial Code, the Act on Securities and the Act on Capital Market Business (hereinafter the ‘Amendment’). The essence of the Amendment is legislative measures which are to remove anonymous shares and help trace…

The Supreme Court’s new approach: Pretending work as a reason for immediate notice

By Mgr. Jiří Kučera | 19.12.2012

The Supreme Court judgement from October 17, 2012, file no. 21 Cdo 2596/2011, dealt with the issue of whether the employer is entitled to terminate the employment instantly in the case where the employee pretends work. In the said case, the employee pretended to be at work by swiping in his entry to work in…

Right to traditional designation of products – butter spread story

By Mgr. Jiří Kučera | 19.12.2012

In mid October 2012 based on the action brought on by the European Union v Czech Republic case C 37/11, the European Union Court of Justice has prohibited using the designation ‘pomazánkové máslo’ (butter spread ) for a traditional Czech product. The Czech Republic produces over 8 000 tonnes yearly and a large amount of…

Labour Law: Supreme Court on the consequences of ‘mobbing’

By Mgr. Jiří Kučera | 14.11.2012

The Supreme Court judgement from October 9, 2012 dealt with the issue of employee’s entitlement to damages caused by termination of employment due to mobbing of an employee by the employer at the work place. The judgement related to the old Labour Code indeed, however, the new Labour Code took over the respective provisions literally.…

Consumer Law: Prize as Unfair Trading Practice

By Mgr. Jiří Kučera | 14.11.2012

The Supreme Court judgement from October 18, 2012 dealt with the issue of ‘prizes’ offered by traders to consumers from the point of view of guidelines on forbidden practices. The Court concluded that practices which give a false impression of the consumer winning a prize, although they must still spend some money or they incur…

Cartels and ‘Informant’ Reward Programme

By Mgr. Jiří Kučera | 13.11.2012

The Act on the Protection of Competition amendment effective as of December 1, 2012 introduces legal institutes of the so called leniency programme and settlement into the Czech competition law. Leniency programme The most significant update is the so called leniency programme. Its principle lies in the Office for Protection of Competition having to withdraw…

Claim Delayed Flight Compensation

By Mgr. Jiří Kučera | 13.11.2012

On October 23, 2012, the European Court of Justice published its judgement which rules that passengers on delayed flight are entitled to seek compensation from the airlines similar to compensations of cancelled flights, unless the delay was caused by extraordinary circumstances. The Court of Justice based its judgement on the equal treatment principle which requires…

Changes in Lease

By Mgr. Jiří Kučera | 13.11.2012

The new Civil Code (hereinafter only ‘NCC’) becomes effective as from January 1, 2014 and is going to bring changes in the legal regulation of leases. Leases will always be regulated by new amendment as from that date, except for lease of movables. It is appropriate to focus on changes in real property leases, especially…

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