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KSB Represents Karlovarske Mineralni Vody in Successful Suit

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Czech Republic
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Kocian Solc Balastik has represented Karlovarske Mineralni Vody in a successful lawsuit to cancel a penalty imposed on KMV by the State Preservation and Landmark Authority for an alleged administrative offense. 

The penalty imposed by the Landmark Authority related to the Authority’s findings that that KMV had failed to look after, maintain and protect historic buildings in the municipality of Kyselka, in the Czech Republic. KSB filed an administrative lawsuit against the Landmark Authority’s decision on KMV’s behalf at the Regional Court in Plzen, which cancelled the penalty on January 31, 2014 and returned the case to the Landmark Authority for new proceedings. The Landmark Authority then filed a cassation complaint at the Supreme Administrative Court in Brno seeking remedy against the Regional Court’s ruling. The Supreme Administrative Court upheld the original decision to cancel the penalty.

In its reasoning, the Supreme Administrative Court pointed out that, while the Landmark Authority had stated in its reasoning that the KMV had committed acts that it classified as “delinquency”, it had not referred to the term in the decision itself, and thus the penalty it imposed violated the principle that punishment can be imposed only for deeds listed in the text of the decision. 

In a statement released by KSB, the firm stated that “simply put, the owner of the building was punished for something which it did not commit according to the decision.” It continued that, “the Landmark Authority inadmissibly simplified the administrative proceedings since if it said delinquencies were included in the decision it would be obliged to describe the particular deeds and, primarily, would have to prove that KMV actually committed such deeds. By failing to do so, the Landmark Authority substantially limited KMV’s right of defense.”

The case has been returned to the Landmark Authority for re-consideration. 

 

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