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News and Media

30. 6. 2016

Members of the SALAJKA & PARTNERS team are the authors of a new article

Specialized online journal EPRAVO.CZ published an article of Radek Salajka and Lenka Zbytovska from SALAJKA & PARTNERS concerning: „Place of work and the regular workplace of an employee“.

http://www.epravo.cz/top/clanky/misto-vykonu-prace-a-pravidelne-pracoviste-zamestnance-102031.html

1. 2. 2016

SALAJKA & PARTNERS is opening a new office

We are delighted to inform you that SALAJKA & PARTNERS is opening a new office in Zlín, CZ. We are looking forward to seeing you at Prikra 441, 760 01, Zlín, Czech Republic.

10. 7. 2015

Radek Salajka is the author of a new article

Specialized online journal EPRAVO.CZ published an article of Radek Salajka from SALAJKA & PARTNERS concerning: „The conditions for issuing a permit to purchase liquefied petroleum gases put into free tax circulation in relationship with the amended Act on Excise Tax“.
www.epravo.cz/top/clanky/podminky-pro-vydani-povoleni-k-nakupu-zkapalnenych-ropnych-plynu-uvedenych-do-volneho-danoveho-obehu-ve-svetle-novelizovaneho-zakona-o-spotrebnich-danich-98383.html

2. 4. 2015

Horizontal cooperation in awarding public contracts

Horizontal cooperation of contracting bodies of public contracts is tightly connected with the institute of in-house exclusion. It is an example of an exclusion from the scope of application of the Act No. 137/2006 Coll., on Public Contracts, as amended (hereinafter referred to as the “Act on Public Contracts” or “ZVZ”). The subject of awarding is a public contract in means of the Section 7 of ZVZ, however, the contracting body of such a public contract has the opportunity to exclude this public contract from the scope of the Act on Public Contracts and therefore not to proceed following the regulations of the Act on Public Contracts. In case of the in-house exclusion the exclusion from the scope of ZVZ is regulated in the Section 18 Article 1 Letter e) of ZVZ, which states that:

„The contracting entity shall not be obligated to award public contracts under this Act if they have as their subject-matter the provision of supplies, services or works to a contracting authority by a person which pursues substantial part of its activity for the benefit of the contracting authority and in which such a contracting authority holds exclusive property rights; the contracting authority shall hold exclusive property rights in a certain person where, in particular, it controls by itself all voting rights arising from equity holding in such a person or if such a person is entitled to manage assets of such a contracting authority, it possesses no assets of its own, and the management of assets of such a person is exclusively controlled by the contracting authority.“

With regard to the new Directive of the European Parliament and Council 2014/24/EU it is necessary to point out the change in the interpretation of the in-house exclusion which resides in the explicit possibility of horizontal cooperation, as arises from the Section 12 Article 2 of the above mentioned Directive. The content of the Directive shall be transposed also into the law of the Czech Republic, in connection with the acceptance of the new Act on Public Contracts.

Horizontal cooperation consists in the fact that there is no condition of common control. It is enough when a legal person which is a contracting body awards a public contract to another legal person, controlled by the same contracting body.

Enabling of the use of the exclusion from the scope of ZVZ in case of horizontal cooperation leads to the widening of the range of exclusions from the scope of application of ZVZ. This is the right step ahead which leads to an explicit legislative access of a procedure, which was so far used only with regard to the practice of the European Court of Justice.

25. 2. 2015

Form of a Power of attorney

The Supreme Court of the Czech Republic has made a decision file No. 29 Cdo 3919/2014 of 27th November 2014 in which it has expressed a legal opinion regarding the form of a Power of attorney. This way the Supreme Court of the Czech Republic has influenced the interpretation of Section 441 paragraph 2 of the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code”). This regulation contains a rule saying that if a legal action requires some special form, then the same form is required for a Power of attorney concerning such an action.

In the above mentioned decision the Supreme Court of the Czech Republic has come to a conclusion that nonperformance of the form of a Power of attorney prescribed in Section 441 paragraph 2 of the Civil Code doesn’t cause invalidity of the Power of attorney in case the form is sufficient in the perspective of the legal meaning and purpose determined in Section 580 paragraph 1 of the Civil Code.

The question was solved in connection with the issue of acceptance of the Founding document of a Limited Liability Company by a person who has been given a Power of attorney with a certified signature only, even though the Founding document requires an obligatory form of a Notary deed. The Supreme Court of the Czech Republic came to a conclusion that such a Power of attorney doesn’t require the form of a Notary deed because from the perspective of the legal meaning and purpose the written form with a certified signature is sufficient.

This decision of the Supreme Court of the Czech Republic is another contribution to the interpretation of the Civil Code and a significant guideline for application in practice.

30. 6. 2016

Members of the SALAJKA & PARTNERS team are the authors of a new article

Specialized online journal EPRAVO.CZ published an article of Radek Salajka and Lenka Zbytovska from SALAJKA & PARTNERS concerning: „Place of work and the regular workplace of an employee“.

1. 2. 2016

SALAJKA & PARTNERS is opening a new office

We are delighted to inform you that SALAJKA & PARTNERS is opening a new office in Zlín, CZ. We are looking forward to seeing you at Prikra 441, 760 01, Zlín, Czech Republic.

10. 7. 2015

Radek Salajka is the author of a new article

Specialized online journal EPRAVO.CZ published an article of Radek Salajka from SALAJKA & PARTNERS concerning: „The conditions for issuing a permit to purchase liquefied petroleum gases put into free tax circulation in relationship with the amended Act on Excise Tax“.