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Havel & Partners Successful in Czech Constitutional Court in Telecommunications Property Dispute

Havel & Partners Successful in Czech Constitutional Court in Telecommunications Property Dispute

Czech Republic
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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."

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PRK Partners, one of the leading Central European law firms, has been helping clients achieve their business objectives almost 30 years. Our team of lawyers, based in our Prague, Ostrava, and Bratislava offices, has a unique knowledge of Czech and Slovak law and of the business environment. Our lawyers studied at top law schools in the United States, United Kingdom, Switzerland and elsewhere. They also have experience working for leading international and domestic law firms in a number of jurisdictions. We speak your language, too. Our legal team is fluent in more than 15 languages, including all the key languages of the region.

PRK Partners has one of the most experienced legal teams on the market. We are consistently rated as one of the leading law firms in the region. We have received many significant honours and awards for our work. We represent the interests of international clients operating in the Czech Republic in an efficient way, combining local knowledge with an understanding of their global requirements in a business-friendly approach. We are one of the largest law firms in the Czech Republic and Slovakia. Our specialised teams of lawyers and tax advisors advise major global corporations as well as local companies. We provide comprehensive legal advice drawing on our profound knowledge of local law and markets.

Our legal advice delivers tangible results – as proven by our strong track record. We are the only Czech member firm of Lex Mundi, the world's leading network of independent law firms. As one of the leading law firms in the region, we have received many national and international awards, in some cases several years in a row. Honours include the Chambers Europe Award for Excellence, The Lawyer and Czech and Slovak Law Firm of the Year. Thanks to our close cooperation with leading international law firms and strong local players, we can serve clients in multiple jurisdictions around the globe. Our strong network means that we can meet your needs, wherever you do business.

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