New tools for the recovery of arrears
Starting this year, the tax authorities are not limited by local jurisdiction when recovering tax arrears. At the same time, from 1 July 2025, the customs administration can use a new power in the event of an u…
Legal News [May 2025]: Reconfirmed – performing the function of a statutory body is not considered dependent work
In the May edition of Legal News, we want to highlight four interesting court decisions. The Constitutional Court criticized the regional court for instructing participants about the inadmissibility of an appeal, thereby infringing on their right to a fair trial. The Supreme Court reaffirmed that members of the statutory bodies of the community of unit owners cannot perform their function under the regime of dependent work, even if they agree to do so. The Supreme Administrative Court concluded that a review proceeding cannot be initiated due to incorrect legal qualification of an offense. In the last judgment, the Supreme Court resolved a question of ownership regarding an object (in this case a railway switch), deciding that the switch between two railway sidings is structurally, and therefore legally, part of both sidings.
- The Pilsen regional court, in its decision, instructed participants about the inadmissibility of an appeal. According to the Constitutional Court judgment of February 12, 2024, file no. IV.ÚS 3073/24, this violated the complainant’s right to a fair trial and access to the Supreme Court.
- At the end of February, the Supreme Court issued a decision, file no. 26 Cdo 2663/2024, addressing the issue of what happens when members of the statutory body of the community of unit owners agree to receive compensation for managing the house and land according to conditions stipulated by the Labour Code. The court ruled that such decision-making falls exclusively within the authority of the owners’ assembly, and no other regime can be agreed upon. The Supreme Court also confirmed that previous jurisprudence still stands – according to it, performing the function of a statutory body is not considered dependent work.
- The Supreme Administrative Court, in the case file no. 6 As 237/2023, examined whether it is possible to initiate a review proceeding concerning an offense due to its incorrect legal qualification. It concluded that it is not possible. The SAC applied Article 4 of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, which states that proceedings can only be resumed for new facts or serious defects. Incorrect (lower) qualification of the act is not such a defect.
- In the judgment file no. 22 Cdo 501/2025, the Supreme Court dealt with who is the owner of the railway switch servicing two railway sidings of different owners. According to the Supreme Court, the switch is structurally part of both sidings, is physically connected to them, and its purpose is to change the direction of rail vehicles. Therefore, it cannot be said that the switch belongs solely to one of the sidings. The Supreme Court decided that it is part of both sidings.
- In the judgment file no. 24 Cdo 187/2025, the Supreme Court addressed the issue of preemptive rights granted to tenants of apartments under the old Civil Code. It concluded that this right does not transfer to heirs, but only to persons specified in the Act on Apartment Ownership. In this case, to the grandson of the decedent.
