Havel & Partners' Partner Frantisek Korbel, acting as a legal representative for the Ceske Radiokomunikace a.s. telecommunications company, has successfully appealed a Czech Supreme Court resolution to the Czech Constitutional Court in a dispute over the removal of the Petrov TV translator station from property owned by the defendant.
According to Havel & Partners, Ceske Radiokomunikace first appealed to the Supreme Court against the verdicts of the District and Regional Courts, which had ruled in favor of the owner of the land on which the translator structure was placed, in the process rejecting the arguments by Havel & Partners lawyers that the structure could not be removed because of the existence of a statutory easement. According to the firm, "the Supreme Court made the creation of a historical statutory easement under the 1964 Telecommunications Act conditional on proof that at the time when the telecommunications structure was built the then communications operator had informed the landowner that it would start exercising its statutory right by installing the station on the concerned plot of land."
With the help of Havel & Partners' lawyers, Ceske Radiokomunikace appealed the Supreme Court's decision to the Constitutional Court, which, ultimately, found in favor of Ceske Radiokomunikace and overturned the verdicts of the Supreme, Regional, and District Courts. According to Havel & Partners, "the Constitutional Court came to the clear conclusion that the easement for the telecommunications structure was created directly ex lege under the Telecommunications Act, without there being any further conditions."
