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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."

Czech Republic Knowledge Partner

HAVEL & PARTNERS, attorneys-at-law, with offices in Prague, Brno, Bratislava, Pilsen, Olomouc, and Ostrava, has a team of 250 lawyers, tax advisors and 500 employees in total, is the largest independent law firm in Central Europe.

Our clients include large international companies, leading Czech and Slovak firms, including strategic state-owned companies and public sector authorities, as well as medium-size businesses, individual entrepreneurs, and investors. We advise approximately  150 of the Fortune 500 companies, almost 50 of the Czech Top 100 companies and 20 of the TOP 100 Slovak companies. HAVEL & PARTNERS currently provides its services to a total of 2,500 clients. We have the most comprehensive international support available to both Czech and Slovak law firms. We provide legal and tax advice in 12 languages in more than 110 countries around the globe. Up to 70 % of the transactions we deal with involve an international aspect.

HAVEL & PARTNERS was named the best law firm operating in the Czech Republic by the prestigious global rating agencies Chambers and Partners (2020, 2021) and Who’s Who Legal (2018, 2019). It is also the most successful law firm, providing the most comprehensive legal services in the Czech Republic and Slovakia, based on the total number of all nominations and awards in all years of the Law Firm of the Year awards. The firm became the absolute winner of this competition four times in the last six years, receiving the main award Domestic Law Firm of the Year in the Czech Republic (2015, 2017, 2018, 2020) and ranking as one of the most recommended law firms in all categories of law. Our company is also a four -time winner of the Law Firm of the Year award for Best Client Services (2015, 2016, 2019, 2020). In the field of M&A, HAVEL & PARTNERS is the best law firm in the Czech Republic based on the annual International Advisory Experts awards (2018, 2019). Prestigious international rating agencies EMIS DealWatch and Mergermarket have ranked HAVEL & PARTNERS among the leading law firms by the number of transactions completed in the Czech Republic since 2010. Based on annual awards of the Acquisition International magazine, HAVEL & PARTNERS has become the Law Firm of the Year 2019 in the M&A category in the CEE region.

Firm's website: https://www.havelpartners.cz/en/

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