Prague

Torino

The amendments to the Labour Code, mainly introduced by the Act n. 365/2011, effective from the 01.01.2012

Firstly, it is important to consider that, globally, the amendments introduced by the Act n. 365/2011 (the so called “Big reform law”) are 323 and that through this article have been treated only and generally the main and most significant amendments on the employer’s point of view. It is also important to consider that this article is aimed at those employers-companies that are not subjected to the trade union rules.

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Reproduction of musical works – Copyright – Collective management organizations

On the last 24/11/2011 the European Court of Justice intervened once again in the matter of copyright, this time in particular giving interpretation to the notion of “communication of a work to a public”. That, in this specific case, in order to decide on the legitimacy of an obligation to pay to a collective management organization which handles copyright the relevant fees arising from the use of protected works and that are related to those rights.

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Community mark and infringements

The last 12 April 2011, the European Court of Justice has issued a decision on an interesting matter concerning the Community trade mark and its protection inside the EU area. In particular, the Court has furnished a Community oriented interpretation about the Regulation (EC) 40/94 on the Community trade mark (currently repealed and replaced by the recent Regulation (EC) 207/2009).

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The International child abduction. Notes on Italy and the Czech Republic

On an International level is always more growing the commitment to make efficient the integration among citizens from different States.

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More affordable the protection of "small claims" by the European procedure

The European Union, in order both to ensure a single area of justice in the Community and even to guarantee the access to justice, has been working long since at issuing a series of acts in the civil and commercial matter.

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Insurance field – Respect without exception of the so called “unisex” rule – 24/01/2012

On the last 13/01/2012 has been published the Information of the European Commission on the guidelines for the application of the Directive 2004/113/EC (that implements the principle of equal treatment between men and women in the access to and supply of goods and services), in the light of the so called “unisex” rule.

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Community trade mark and infringements - 02.05.2011

The last 12 April 2011 the European Court of Justice has issued a decision about an interesting matter concerning the Community trade mark and its infringements.

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Struggle against late payment - 02.05.2011

The European Parliament and the Council of the European Union have adopted on the last 16 February 2011 the new directive 2011/7/EU whose scope is to combating late payment in commercial transaction.

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New Incoterms 2010 - 11.08.2011

The International Chamber of Commerce has recently revised and updated the known Incoterms rules that are applicable to the international commercial transactions. The new rules bear the name Incoterms 2010.

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EU and health protection – Precautionary and proportionality principles - 21.07.2011

The European Court of Justice with a recent decision (in the case C-77/09, on the legitimacy of the Community law on the authorisations to place plant protection products on the market) has clearly specified the characters and the contents of the precautionary and proportionality principles.

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Sale of consumer goods and guarantees - 28.06.2011

By the means of the judgement issued on the last 16 June 2011, the European Court of Justice decided on the matter relating to the sale of consumer goods and associated guarantees. The said decision has furnished an interpretation of the community discipline which regulates this matter - Directive 1999/44/EC -, specifically in the part relating to the cases of non-conformity of the purchased good with the contract (defected good) and to the existence for the seller of possible obligations concerning the replacement of the good itself.

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Reg. (EC) 4/2009 - New European discipline for maintenance obligations - 23.06.2011

From 18 June 2011 shall be applied the Council Regulation (EC) 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations. The scope declared by the Act is to ensure swift and efficient recovery of maintenance obligations in cross-border scenarios.

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Civil and commercial mediation - 03.06.2011

Last May on the 21st has expired the time-limit indicated by the EU to the Member States to implement the Directive 2008/52/EC on the mediation in civil and commercial matters.

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New directive concerning mergers of public limited liability companies - 03.05.2011

The next 1 July 2011 shall take effect the Directive 2011/35/EU that will regulate the merger proceeding of public limited liability companies – the so called S.p.A. in Italy and “akciová společnost” in the Czech Republic.

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The law office Spoladore & Bystřický

with its office in Prague, provides legal services of general practice with particular attention paid to real estates and obligations. The law office provides legal services especially to investors who come to Czech Republic from abroad. We communicate with our clients in Czech, Italian, English and French. Italian clients are assisted by native speakers. The connection to Italian legal and investment background is ensured by our branch office in Turin.