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A creditor has forgiven part of a debtor's debt on the condition that the debtor will make every effort to avoid insolvency and repay at least the remaining, unforgiven part. However, the creditor also set a resolutive condition: if the debtor were to become insolvent (i.e. the court declared it bankrupt), the debt forgiveness agreement was to be void from the outset and the debtor would be obliged to repay the debt in full.

On October 22nd, the Court of Justice of the European Union (“CJEU”) issued a precedent-setting ruling in the Kolin Inşaat Turizm Sanayi ve Ticaret case (C-652/22 – the “Kolin case”). This is of crucial importance to contractors engaging or aiming to engage in the public procurement market of the European Union (“EU”), who originate from countries outside of the EU that are not party to international agreements with the EU which would formally admit such contractors to public tenders in the EU.

The Czech Class Actions Act[1] became effective on 1 July 2024. Previous articles have provided an overview of key aspects of the new legislation and subjects of these proceedings. This part will focus on the challenges related to the publicity of class actions and explore ways in which companies, as defendants, can protect themselves from negative impacts.

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