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Filing a claim in insolvency proceedings may be the only way for creditors to recover at least part of the amount they are owed. In the Czech legal system, however, creditors face an understated but significant risk: if they overstate the amount of their claim, not only do they risk having it disregarded but they may also be required to pay a penalty to the debtor’s estate. This provision, embedded in the Czech Insolvency Act, acts as a double-edged sword: while it aims to prevent unfounded claims and speculation in insolvency proceedings, it often deters legitimate creditors from fully asserting their claims. This financial penalty has no equivalent in other European countries. So, how can creditors avoid penalties, and what should they know before submitting a claim in insolvency proceedings?

Havel & Partners has advised Rohlik Group on the formation of the EUR 120 million Rohlik Growth SICAV investment fund with the majority investor being Tomas Cupr and the remaining shares being held by JTFG Fund I SICAV from the J&T Group. Kocian Solc Balastik advised J&T Group.

The Czech Republic is struggling to implement the European SEVESO Directive into its legislation. Preventing the consequences of accidents in potentially hazardous companies, such as chemical plants, is thus in a state of emergency. After previous half-hearted solutions, however, the amendment that is being prepared by the Ministry of the Environment offers new hope.

It will soon be twenty years since Regulation 261[1] came into force, which introduced an unprecedented level of protection for air passengers and was supposed to provide much greater protection in cases of denied boarding, cancellation, or long delays. So, has the (in)famous Regulation 261 served its purpose?

In 2021, a new Construction Act (No. 283/2021 Coll.) was adopted in the Czech Republic. This groundbreaking legal norm was designed to solve problems in the permitting process for infrastructure and other projects, such as lengthy administrative procedures, a cumbersome process of obtaining consents and opinions from various authorities, and often a lack of coordination among authorities, which frequently caused inconsistencies in interpreting the law as well as delays.

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Kocian Solc Balastik at a Glance

Kocian Solc Balastik (KSB) is one of the few Czech law firms who have been on the market for over 30 years and is still independent. With a team of almost seventy legal and tax specialists operating in Prague, Karlovy Vary and Ostrava, KSB is one of the largest law firms in the Czech Republic.

Thanks to the ratings of clients and our competitors, we are a highly respected and acknowledged law firm, as evidenced by a number of prestigious awards, especially the four-time Chambers Europe Award for Excellence for the best law firm in the Czech Republic, often we have been the only purely Czech law firm among the nominees.

Our priority is to provide added value to clients. Therefore, we know the specifics of their business and adapt the proposed solutions to the client’s context, with great emphasis on professional ethics and building long-term relationships based on mutual trust and respect.

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