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KSB Successful in Czech Constitutional Court in Continuation of Delta Pekarny Case

Deals and Cases

Kocian Solc Balastik is reporting that the Czech Constitutional Court issued a decision on the Dawn Raid performed on Delta Pekarny by the staff of the Office for Protection of Competition (UOHS).

The Court agreed with the decision of the European Court of Human Rights (ECHR), which assessed the case in the autumn of 2014 and concluded that the aforementioned unannounced inspection by the UOHS without effective judicial control was illegal (as reported by CEE Legal Matters on October 3, 2014).

"It is good that after the Strasbourg court proceedings, the entire case is now clearly and similarly expressed by the Czech Constitutional Court,” said KSB Partner Pavel Dejl, who represented Delta Pekarny in the proceedings. "Its decision, which we welcome, repeals the decisions of the administrative court, which was contrary to the decision of the ECHR, meaning that the case of the alleged cartel client will now return for consideration by the Supreme Administrative Court.”

The sudden inspection by the UOHS staff at the premises of the Delta Pekarny took place in 2003. The illegality of the procedure by the UOHS was challenged before domestic courts, and after exhausting all possible remedies locally, in 2010 the company turned to the European Court of Human Rights in Strasbourg. In its final decision the ECHR sided with the bakery, ruling that that the procedure conducted by the UOHS grossly violated the bakery's rights guaranteed by the European Convention for the Protection of Human Rights and Freedoms.

According to KSB, “the decision of the Constitutional Court has once again called into question the legality of such inspections carried out without effective judicial review of the Czech Office for the Protection of Competition in offices and other premises of companies."

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