References

Representing the client

Representing the client as a partner in a Slovak commercial company at general meetings, including a per rollam vote on the breach of duties by the other partner and the expulsion of that partner, and the related representation of the client (as a partner) in proceedings for the dissolution of the company.

Incorporation of a Business Entity

• Establishment of a branch office of a Slovak commercial company abroad.
• Establishment of a limited liability company with a single shareholder and its registered office in another country.

Legal advice for family businesses

One area of law in which the law firm has long specialized is the provision of legal services to family-owned businesses. Family-owned businesses make up the vast majority of all companies in the Slovak Republic, consisting primarily of small and medium-sized manufacturing and service firms. Their family nature brings a number of complications in their day-to-day operations that they must address, ranging from methods of intergenerational succession—whether in company management or among employees—to the employment of family members, as well as the separation of family relationships from work or business relationships.

The law firm has practical experience providing legal advice not only in preparing the establishment of family-owned companies and consulting on the selection of an appropriate legal form given their family nature, but also, in particular, in preparing the documentation for the establishment and formation of such companies, filing applications for their registration with the relevant authorities, and structuring their overall operations—including the interactions between their owners and statutory bodies—without negatively impacting family relationships.

Given the specific nature of the internal operations of family companies and in light of the aforementioned professional experience, the law firm is able to provide specialized legal services consisting of preparing the necessary documentation for the establishment of family companies, drafting special agreements between partners or shareholders, structuring the internal relationships among individual family members within the family business, and managing relationships with third parties outside the family business.

Transfers of ownership interests in a foreign company established in another Member State

Transfers of ownership interests in a German commercial company involving a transferor from a Danish company, a Slovak company, and other foreign entities, in cooperation with partners in the Federal Republic of Germany.

Transfers of ownership interests in a limited liability company

between foreign entities.

Preparation of the transfer of business shares, structuring of the ownership structure, taking into account the two different types of business shares under Czech law—unrestricted shares for employers and restricted shares for employees, establishing internal relationships among partners, negotiations with the employer and employees

Sale of securities

in a Slovak business entity.

Sale of a business

Strengthening the Slovak company's market position in the hunting industry.

Termination of the equity interest in the company

Increase in share capital

limited liability companies as well as corporations through non-monetary contributions.

Action to Declare the Immediate Termination of Employment Invalid

Successfully represented the employer as the plaintiff in a dispute seeking a declaration that the employee’s immediate termination of employment was invalid.

Settlement of Claims Following the Termination of Employment

Representing the employer in negotiations with an employee who has caused damage to the client.

Dispute regarding the invalidity of a termination agreement and the invalidity of termination of employment by notice

Successfully representing the employer in a dispute over the award of back pay to an employee.

Admission of a new partner to the company

Legal advice regarding the admission of a new partner into the company, drafting of a cooperation agreement, structuring of ownership arrangements, and preparation of the Articles of Association.

Legal advice regarding the entry of a new partner into the company, review and analysis of license agreements and software development contracts, proposal for the structure of ownership and property relations, organizational structure, and preparation of the Articles of Association.

Comprehensive legal advice regarding the entry of a new partner into the company for the purpose of establishing a network of veterinary clinics

Setting Up the Corporate Structure of Companies and Startups

Comprehensive structuring of a technology company’s corporate structure, drafting of a shareholders’ agreement, and preparation for the future entry of investors.

Issuance of Permits and Licenses

Legal advice on obtaining a license to provide pharmaceutical care in a public pharmacy – communication with the relevant state authorities (State Institute for Drug Control, Ministry of Health of the Slovak Republic), preparation of applications and all other necessary related submissions pursuant to Act No. 362/2011 Coll. on Medicines and Medical Devices and on Amendments to Other Acts, preparation of related contractual documentation

Establishing the internal structure of a Czech commercial company

Preparation of the transfer of ownership interests, structuring of the ownership structure with regard to two different types of ownership interests under Czech law—unrestricted ownership interests for the employer and restricted ownership interests for employees, Establishing relationships among partners, and negotiating with the employer and employees.

Legal advice regarding a contract for the position of managing director

Agreement on the performance of the duties of a managing director; non-compete clause for foreign managing directors of the company. Related legal advice regarding the enforcement of claims by a former managing director (a German citizen) against the client company.

Granting an equity interest in the company as a form of compensation

Preparation of share transfers for employees of a Slovak company in a Czech limited liability company, setting up the ownership structure with regard to two different types of shares under Czech law—unrestricted shares for the employer and restricted shares for the acquiring employees. Representing the client in establishing relationships between shareholders, and in negotiations with the employer and employees.

Setting Up a Startup's Corporate Structure

Comprehensive restructuring of the corporate structure of an existing technology company, drafting of a shareholders’ agreement, and preparation for the future entry of investors through the acquisition of equity interests.

Establishing a startup’s corporate structure and preparing for an equity investment

Legal advice on establishing the corporate structure of a startup operating in the field of IT software development and preparing for an equity investment.

Formation of a European Company

Establishing internal relationships and organizational structure; advising on the selection of an appropriate legal form for a business entity; establishing an SE; drafting the Articles of Association; and comprehensively establishing internal relationships

Establishing the internal structure of a business entity

Preparation of the transfer of ownership interests; structuring the ownership framework with regard to the two different types of ownership interests under Czech law—unrestricted ownership interests for the employer and restricted ownership interests for employees; Establishing relationships among partners, and negotiating with the employer and employees.

Legal advice to a client regarding the settlement of claims by minority shareholders who are employees.

Legal advice to a client regarding the settlement of minority shareholders—employee shares. Legal analysis of options for resolving and settling a large number of low-value shares. Implications of a capital increase—cash or non-cash contributions to the share capital.

Setting up an offshore company

In cooperation with our partner legal and tax advisors, we provided the client with a comparison of legal and tax regimes relevant to the client’s specific business activities, with the aim of establishing an optimal internal structure for the client’s group of companies in accordance with the legislative requirements of individual EU member states for the client’s specially regulated business activities. We provided legal advice and established offshore companies in Malta to expand the client’s operations outside Slovakia and set up a corporate structure utilizing nominee shareholders.

Establishment of another offshore company

In cooperation with our partner legal and tax advisors, we provided the client with a comparison of legal and tax regimes relevant to the client’s specific business activities, with the aim of establishing an optimal internal structure for the client’s group of companies in accordance with the legislative requirements of individual EU member states for the client’s specially regulated business activities. We provided legal advice and established offshore companies in Denmark to expand the client’s operations outside Slovakia and set up a corporate structure utilizing nominee shareholders.

Conversion of a business unit of a commercial company into an independent commercial company

Preparation of corporate documentation for the transformation of the Slovak branch of a Czech commercial company into an independent Slovak commercial company, including the valuation of the branch as a non-cash contribution to the share capital of the newly established commercial company

Acquisition of a company with an international franchise

Handling the acquisition of a client by a Slovak commercial company with an international franchise, including the provision of financing. The project involved conducting legal and financial due diligence on the target company.

Representing the client in negotiating the terms of the acquisition and establishing the internal relationships among the partners through corporate documents.

Legal advice and comprehensive services for the termination of a partner’s ownership interest in a business entity

Arranging the transfer of a stake in a foreign business entity and changing the managing director to a person of foreign origin.

Liquidation of a Business Entity

Handling the entire liquidation process of a commercial company, including serving as the liquidator for a Slovak commercial company with foreign ownership.

Legal advice on vertical agreements between manufacturers and distributors

Comprehensive legal advice in the area of competition law, including, for example, the assessment of vertical agreements between manufacturers and distributors of goods, providing legal opinions to clients regarding the prevention of cartel agreements between manufacturers and distributors in the Slovak market.

Comments on the amendment to Act No. 362/2011 Coll. on Medicines and Medical Devices and on Amendments to Certain Acts, and the submission of a complaint to the European Commission regarding a violation of primary European Union law

Submission of a complaint to the European Commission regarding the incompatibility of the proposed amendments to Slovak law with primary European Union law (specifically, a violation of the principle of the free movement of goods and services within the European Union’s internal market).

Compensation for damages caused by unfair competition

Representing a client in a dispute over damages resulting from a breach of trade secrets—unauthorized misuse of a client database.

Legal advice and representation of clients in asserting claims arising from violations of competition law

in connection with a well-founded suspicion of the existence of an agreement restricting competition between commercial companies 

Representing the client in an investigation by the Slovak Antimonopoly Office

Representing the client in an investigation by the Slovak Antimonopoly Office.

Representing the client in out-of-court negotiations regarding unfair competition.

Representing the client in negotiations with a company that alleged the client had engaged in unfair competition by free-riding on its good reputation. 

Legal advice and representation of clients in asserting claims arising from violations of competition law

in connection with a well-founded suspicion of the existence of an agreement restricting competition between commercial companies 

Legal Analysis of the Client

operating in the field of waste management in connection with proceedings initiated by the Slovak Antimonopoly Office regarding a public procurement contract for waste management 

Legal advice on protecting the client from unfair competition by a former business partner

Legal advice and representation of the client in pre-trial negotiations with a party in violation of the prohibition on unfair competition who unlawfully used information constituting the client’s trade secrets—specifically, information regarding business contacts and customers. The dispute was resolved by agreement, with the infringer compensating for the damages and refraining from further unfair competition.

Legal advice on unfair competition

Representing the client in defending against claims arising from unfair competition. Representing the client in the termination of a contractual relationship (withdrawal from the contract).

Representing the client in out-of-court negotiations—demand to cease unfair competition.

Representing a client in a cease-and-desist letter regarding the unauthorized use of a trademark and unfair competition

Representing a client against a Slovak company that distributes cosmetic products from abroad to the Slovak Republic, seeking an injunction against the unauthorized use of a trademark and against unfair competition.

Representing the client in out-of-court negotiations regarding the settlement of property rights

Representing a client who was the main subcontractor for the works being constructed, on behalf of a company in bankruptcy, where ownership rights to the completed works had not been settled. Enforcing the client’s rights as a creditor of the bankrupt debtor in connection with the protection of the client’s assets.

Representing a client in divorce proceedings

Representing clients in insolvency proceedings (bankruptcy and restructuring)

Providing legal advice, consultations, and representation to clients in connection with the enforcement of claims arising from the issuer’s financial instruments

Resolution of Rights Among Co-owners and Investors in a Real Estate Development Project

Conducting out-of-court negotiations aimed at concluding a multi-party settlement agreement regarding the resolution of disputes between co-owners and investors in connection with the implementation of the investment project for the residential complex — the construction of single-family homes and infrastructure, which was successfully completed.

Real Estate Purchase Agreement

Representing the client as the seller in the conclusion of a purchase agreement, in which the buyer was a multinational company operating retail chains.

Purchase, sale, and lease of a plant or facility belonging to a multinational company operating in the Slovak Republic

Representing the client in negotiating the terms of the purchase of a production facility with land, in the lease of a plant/facility to a multinational company operating in the Slovak Republic, and representing the client in the expansion of the facility and the construction of a warehouse.

Development Project Management

Representing the client in negotiations that resulted in the construction of 104 residential units.

Representing the landowner as an interested party against the owner of the adjacent property

Negotiating the terms of a transaction and subsequently not proceeding with the transaction due to suspected fraud on the part of the prospective seller.

Representing a prospective buyer of real estate

Representing a prospective buyer seeking to purchase real estate—a warehouse and office building—with the aim of revitalizing the properties and their planned use as the headquarters of a transportation company (the client). Establishing procedures to ensure the protection of the client as the prospective buyer during the transaction. Representation during the purchase process.

Providing legal advice and drafting legal documents in connection with the redevelopment of real estate for the purpose of constructing a residential complex.

Providing legal advice and drafting legal documents in connection with the redevelopment of real estate for the purpose of constructing a residential complex.

Acquisition of three entities

strengthening the position of the Slovak company in the mining sector within the Slovak market.

Cross-border merger of a joint-stock company into a European company

the formation of a European company through the merger of a Slovak joint-stock company and a Czech joint-stock company.

Provision of legal advice

Providing legal advice consisting of conducting legal due diligence for an information technology company in connection with the entry of new investors. Risk assessment, analysis of contractual transaction documentation, and verification of its compliance with the terms of the investment.

Legal due diligence

Provision of legal advice – legal due diligence for several information technology companies in connection with the entry of new investors. 

Representing the client

Representing the client in negotiations regarding the sale of a business comprising the client’s retail operations and e-commerce activities in the outdoor products sector. The transaction includes representing the client in negotiating the terms. Execution in phased steps, including the settlement of real estate assets, the acquisition of a new investor, and the sale of a portion of the business. Establishing future relationships among the new partners.

Representing a client in the purchase of a business interest in a Slovak commercial company

Acquisition by the client of a 100% ownership interest in a Slovak commercial company, with the aim of securing the most favorable terms for the acquisition of the ownership interest.

Representing the client in the purchase of a business share in a Slovak commercial company. Representing the client in negotiating terms, including a legal analysis of the company’s internal relationships. Transfer of a business interest in a Slovak commercial company by the client, with the aim of securing the most favorable terms for the sale of the business interest.

Merger of Companies

Representing the client throughout the entire merger process; the merging companies are both joint-stock companies wholly owned by the Slovak Republic.

Representing the client in a fund investment

A fund providing investments from public funds for investments in a target company in the form of a subordinated loan of EUR 500,000 for the purpose of carrying out activities with a positive social impact (social impact enterprise)—a company dedicated to the development and production of equipment to support electromobility. Preparation of contractual documentation in accordance with state aid conditions and EU funding rules. Negotiation throughout the entire process. Conducting legal due diligence for the purpose of the investment. Assessing the compatibility of state aid with other forms of aid already received by the target company. Successful completion of the investment.

Comprehensive legal advice and transaction support in connection with the acquisition of a minority stake in a company by a client

Legal advice and representation of the client in connection with their acquisition by the company. Advice on structuring transactions aimed at the client’s gradual entry into existing clinics with a view to integrating them into a shared network. Preparation of complete contractual documentation, establishment of ownership structures and internal relationships, and review of loan documentation. Negotiation on behalf of the client, negotiation of terms, and successful completion and finalization of the transaction.

Representing the client

Representing the client in the acquisition of a business interest in a Slovak commercial company. Representing the client in negotiations regarding the terms and conditions, including a legal analysis of the company’s internal relationships.

Special procedures for obtaining licenses to provide financial services

Representing clients in filing applications for licenses to provide financial services under the Consumer Credit Act in the Slovak Republic with the National Bank of Slovakia and in the Czech Republic with the Czech National Bank, and preparing all necessary documentation as the basis for granting the requested license, in cooperation with external partners.

Configuration of a platform providing services for exchanging cryptoassets for fiat currency in accordance with AML regulations.

Providing legal advice to a client on setting up a platform that offers services for exchanging crypto-assets for legal tender in accordance with the requirements of Act No. 297/2008 Coll. on the Prevention of Money Laundering and the Prevention of Terrorist Financing.

Providing legal advice to the client regarding the execution of loan agreements, security agreements, and related documentation.

Providing legal advice to the client in connection with the execution of a loan agreement with an Irish bank, security agreements, and related documentation. Representing the client in negotiations regarding the terms and conditions of the agreement with the legal representatives of the parties to the contractual relationship. Providing legal advice regarding the assessment of the amount of appropriate consideration between related parties pursuant to Section 67j of the Commercial Code.

Providing legal advice to a platform offering portfolio management services.

Providing legal advice to a client on the establishment of portfolio management services pursuant to Section 6(1)(d) of Act No. 566/2001 Coll. on Securities.

Legal advice

Providing legal advice regarding the enforcement of claims by multiple creditors arising from the issuer’s financial instruments, and representing clients in restructuring proceedings. 

Providing legal advice summarizing the requirements for the operation of a crowdfunding service provider and the necessary elements to meet these requirements. Proposal for the most suitable organizational structure and proposal for the structure of contracting and management of contractual relationships with financial consumers.

Legal advice on establishing the terms and conditions for a platform providing cryptoasset services

An assessment of the ability of a crypto-asset service provider’s business model to meet the requirements of the proposed Regulation on Markets in Crypto-Assets.

Legal advice on setting up a platform that provides cryptoasset exchange services

Providing legal advice to a client on the setup of a platform offering services for the exchange of crypto-assets for legal tender in accordance with the requirements of the Draft Regulation on Markets in Crypto-Assets.

Legal advice on retail investment in cryptoassets

Providing legal advice to clients on mitigating risks associated with the purchase of cryptoassets through entities not subject to financial market regulation.

Legal analysis and preparation of contractual documentation

Drafting the contractual documentation necessary for the operation of a virtual currency exchange and virtual currency wallet, establishing client relationships, and defining the company’s organizational structure. Preparing legal analyses of various aspects of the cross-border provision of these services.

Trademark and Patent Registration

Trademark registration for a company operating in the technology sector in Slovakia.

Trademark registration for a company operating in the travel agency sector in Slovakia.

Trademark registration for a company operating in the financial services brokerage sector in Slovakia.

Legal advice on the legal protection of a pharmaceutical product.

Representing a client before the EUIPO in filing an EU trademark application, including assistance in obtaining an EU grant.

Provision of legal advice

Provision of legal advice consisting of conducting legal due diligence for an information technology company, focusing on a detailed analysis of intellectual property rights related to a software work created by multiple authors, specifically the assessment of copyrights, and licenses to assess existing obligations in this area, as well as to establish the most optimal solutions to ensure unrestricted use of the work in the future.

Legal advice – assessment and preparation of a project for the creation of an audiovisual production for children, particularly from the perspective of copyright with an emphasis on audiovisual works, and trademark rights.

Advising the client on copyright matters and regarding the acquisition of a license to use fairy tale characters.

Legal advice regarding copyright law with implications for competition law (unfair competition)

Legal advice and preparation of a legal opinion regarding unauthorized infringement of the client’s rights, involving the assertion of claims against multiple entities, due to the unauthorized use of the client’s trademark, as well as the use of the trademark in violation of the granted license agreement. In this case, the trademarks in question are word and combined trademarks that are well-known to the public (in connection with the designation of a shopping center).

Legal advice and drafting of contractual documentation for an online media host (expert—physician). Drafting of contracts for work and license agreements. Tax and legal assessment of income generated from copyright activities (active and passive income). Establishment of relationships and procedures for granting licenses, as well as specific scopes and methods of use.

Representing a client in a dispute regarding the obligation to refrain from using a graphic mark

Representing the client in a dispute concerning the obligation to refrain from using a graphic mark, or a mark that is identical or confusingly similar to the contested mark, as well as the obligation to remove the graphic mark in question.

Representing a client in a trademark dispute.

Representing a client in a dispute concerning the exhaustion of trademark rights upon the launch of a product in the EEA markets.

Representing a client in filing a response to an opponent’s objections regarding the application and registration of a European trademark in the field of air transport.

Representing a client in a legal dispute over whether the client infringed trademark rights when he sold and publicly advertised online in the Slovak Republic products bearing a trademark that he had acquired from their rightful owner in another EU member state (the principle of trademark exhaustion).

Legal advice regarding copyright

Advising and representing a commercial company in a dispute concerning an alleged copyright infringement resulting from the publication of product images on the company’s website.

License Agreements and Contracts for Work

drafting of licensing agreements and contracts for work related to interviews on streaming platforms, establishing long-term relationships regarding exclusivity

drafting license agreements and contracts for work for the development of computer games and to secure financing for such development 

Establishing relationships and contractual agreements between veterinary clinics within the network and veterinarians.

Representing the client in out-of-court negotiations regarding a domain name dispute

Representing the client in negotiations with the opposing party, providing legal advice regarding the rights and obligations arising from ICANN, SK.NIC, CZ.NIC, and EU.NIC rules, and conducting a comprehensive legal assessment of web grabbing issues

Representing the client in trademark registration

Representing clients before the EUIPO in connection with EU trademark applications

Intellectual Property Due Diligence for a Company

Conducting intellectual property due diligence for a software company that develops AI-based software for moderating inappropriate content on the internet and social media

Representation before the EUIPO

Representing a client that is an international transport provider in opposition proceedings concerning the registration of a European trademark.

Providing legal advice to clients in the field of e-commerce

Providing legal advice to the client regarding the operation of a platform that facilitates the purchase of goods by consumers and, in cooperation with another platform, arranges for the delivery of goods to the address/location specified by the customer. Preparation of documentation related to the operation of the client’s platforms. The project also included addressing copyright issues in the implementation of the IT platform, including the drafting of license agreements.

Preparation of model contract documents

For the client—an IT system developer—to grant customers the right to use the system: a license agreement and a contract for the provision of system administration services.

Purchase of Secondary Licenses

Customized adaptation and configuration of the client’s legal relationships in the purchase of so-called secondary licenses 

Comprehensive legal framework for the application

Establishing the general terms and conditions and terms of use for the online platform and mobile application designed to manage the user’s financial portfolio, including establishing the terms and conditions for data processing security and cybersecurity.

Legal advice to several commercial entities regarding measures to combat the spread of COVID-19.

Legal advice to several commercial entities (employers) operating in various sectors (manufacturing, services, tourism) regarding their response to measures adopted by public authorities to prevent the spread of COVID-19. Advice on the effective reorganization of work, workplaces, and the deployment of employees to ensure eligibility for maximum state aid. Representation of employers in the process of applying for state aid. Providing advice regarding the control of entry for employees who have not been tested for COVID-19, and advising on the resolution of disputes with employees who have refused to comply with regulations issued by public authorities.

Dispute over the invalidity of the termination of employment and compensation for unpaid wages

Representing an employee in a dispute regarding the invalidity of the termination of employment.

Dispute over payment of unpaid wages

Representing an employer in a dispute over the payment of unpaid wages resulting from an invalid termination of employment.

Preparation of employment-related documentation

Preparation of comprehensive employment documentation for filling positions at a pharmacy in the Czech Republic (in accordance with the Czech Labor Code), including positions for a medical representative, pharmacist, laboratory technician, and pharmacy manager, including legal support for reviewing contract documentation with prospective employees

Representing the client

Representing the client in proceedings regarding the imposition of a fine in connection with an employee’s workplace injury.

Representing the client before the Labor Inspectorate

Representation of a client—a manufacturing company with Korean leadership and management—before the Labor Inspectorate regarding allegations of a violation of the prohibition on illegal employment at the client’s facility. Due to the finding of a violation of the prohibition on illegal employment in the labor inspection report, the client was included in the list of natural persons and legal entities that had violated the prohibition on illegal employment. For this reason, the client was prohibited from employing third-country nationals. Based on our representation of the client in the proceedings, an appeal was filed, resulting in a decision in the client’s favor, and the client was removed from the aforementioned list.

Representing the client in proceedings to invalidate the immediate termination of employment.

Representing the client in a dispute regarding the invalidity of the immediate termination of employment due to a serious breach of work discipline.

Representation of a client providing occupational safety and health services

Legal advice for an entity providing occupational safety and health services, as well as safety engineer and occupational health services to employers, in connection with a fatal workplace accident that occurred at its client’s company - advice and representation in connection with the ongoing investigation by the relevant authorities and law enforcement agencies

Representation of the employer

Representing the employer in a dispute regarding the invalidity of the employer’s termination of employment

Representing the employer against unauthorized activities

Representing the employer against unauthorized activities and related actions by a labor union, and providing related advisory services. The purpose was to protect the employer’s rights and interests against an entity abusing the rights of a trade union body.

Representing the employer in out-of-court negotiations.

Representing the employer in out-of-court negotiations regarding a challenge to the validity of the termination of employment by mutual agreement with several employees. The dispute received media attention, and in this context, the protection of the legal entity’s—the employer’s—reputation was addressed.

Representing a client in a dispute over compensation for damages caused by an employee and the employee’s unpaid claims, during out-of-court negotiations with a Belgian employee performing work for the client in Finland.

Establishment of internal policies and preparation of employment-related documentation

Consulting on the setup and preparation of labor law documentation and internal regulations in the field of labor law for employers operating in the transportation sector when commencing operations in the Slovak Republic, taking into account the specific characteristics of transportation employees, including an assessment of the principles governing employee compensation

Consulting on the cross-border posting of employees

Providing consultation and conducting research on procedures related to the cross-border posting of employees within a company that is part of an international group of manufacturing companies, and drafting an internal policy. 

Legal Analysis of the Limits on the Use of Employees' Personal Data

Preparation of a legal analysis of the city’s, as a customer, access rights and limitations regarding waste collection services, in relation to information from GPS records containing employees’ personal data. 

Registration of a client as a bidder in a public procurement process and representation during the public procurement process

Comprehensive legal advice in the area of public procurement and preparation of documentation for a bidder’s participation in a public procurement procedure for the subject of the contract—the purchase of welding machines and equipment.

Comprehensive legal advice in the area of public procurement and preparation of documentation for a bidder’s application in a public procurement tender for the subject of the contract—the purchase of technologies, machinery, and equipment, including production process innovation.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—the procurement of an injection molding machine intended for the railway industry.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—the purchase, transport, installation, operator training, and commissioning of an injection molding machine intended for the implementation and fulfillment of the project’s activities, namely the production of precision molded parts from engineering plastics, and intended for the preparation of test samples for the needs of the customer as well as accreditation organizations and the subsequent mass production of a polymer bearing cage intended for the railway industry.

Legal advice in the area of public procurement and preparation of documentation for the bidder’s application in a public procurement tender for the subject of the contract—construction work: renovation of a state institution.

Legal advice in the area of public procurement and preparation of documentation for a bidder’s registration in a public procurement tender for the subject of the contract—construction work: extension of a kindergarten.

Legal advice in the area of public procurement and preparation of documentation for a bidder’s registration in a public procurement procedure for the subject of the contract—construction work: renovation of an administrative building.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the public procurement, and representation before the Public Procurement Office (UVO) regarding the subject of the contract—construction work on a senior citizens’ home for the contracting authority.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), in the subject matter of the contract—construction work on selected parts of the building—repair and renovation of the contracting authority’s administrative building.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office, Regarding the subject matter of the contract – procurement of unused production technologies for the manufacture of welded gabions, including operator training.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—a robotic workstation for the contracting authority’s production needs.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office, regarding the subject matter of the contract—the procurement of five technological units to enhance the technological level of production of precision molded parts made of engineering plastics.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—a production line, including software and hardware equipment.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject matter of the contract—the purchase of technological equipment, for which the contracting authority was a multinational commercial company owned by a foreign legal entity from the United Kingdom.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), in the subject matter of the contract – the supply of innovative technology consisting of two logical units, namely a laser cutting machine and a hydraulic press brake.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—the supply of innovative technology consisting of three logical units, namely: a 4-axis CNC machining center, a CAD/CAM system for planning, design, and production preparation, and a vertical CNC machining center.

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—a vertical 5-axis machining center.

Analysis of the legitimacy of the contracting authority’s requirements, relationships with subcontractors and third parties providing capacity for the purpose of demonstrating compliance with participation conditions, and advice on the preparation of the ESPD

Analysis of tender documents and documentation, preparation of requests for clarification of tender documents, preparation of requests for correction, preparation of bid clarifications during the bid evaluation process and assessment of compliance with participation conditions, preparation of objections against exclusion to the Public Procurement Office

Preparation of requests for clarification of tender documents, analysis of tender documents and identification of problematic conditions and provisions in the tender documentation, preparation of requests for correction

Legal advice on public procurement

Analysis of the possibility of amending the contract in light of inflation, circumstances excluding liability, and delays in the delivery of goods caused by the pandemic. Representation before the contracting authority and request for removal from the so-called blacklist on the EKS website (Ministry of the Interior of the Slovak Republic)

Comprehensive legal advice on the preparation of tender documents, drafting of tender conditions, and preparation of the contract. The subject of the contract will be services—preparation of project documentation (infrastructure for an industrial strategic park)

Legal advice and analysis of the laws of the Slovak Republic and binding EU legal acts, as well as decisions of the Court of Justice of the EU, regarding the issue of identifying a municipal joint-stock company as a contracting authority pursuant to Section 7 of the Public Procurement Act

Legal advice regarding public procurement and the legitimacy of amending the contract in accordance with Section 18 of the Public Procurement Act - Analysis of the possibility of amending the contract from the perspective of contractual provisions and the Public Procurement Act (Section 18) in light of methodological guidelines and interpretative opinions of the Public Procurement Office and the European Commission

Announcement of a Public Procurement

Comprehensive legal advice on the preparation of tender documents and terms and conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject matter of the contract—the performance of construction work—the construction of an apartment building.

Comprehensive legal advice on the preparation of tender documents and tender conditions, on the announcement of the tender regarding the subject of the contract—services/goods—electricity 2022

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO) regarding the subject matter of the contract—services/goods—fuel cards 

Comprehensive legal advice on the preparation of tender documents and tender conditions, the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract – execution of construction works – construction of a bicycle path (funded from EU sources)

Legal advice on the procurement process in accordance with CKO Methodological Guideline No. 12 (contracts with a support rate of up to 50%)  - Determination of the estimated contract value, preparation of the call for bids in accordance with CKO Methodological Guidelines Nos. 6 and 12, preparation of contract documentation, and communication with the controlling or intermediary body (handling equipment for a quarry).

Legal advice on the announcement of a public procurement procedure for a sub-threshold contract

Comprehensive legal advice on the preparation of tender documents and tender conditions, on the announcement of the tender, and representation before the Public Procurement Office (UVO), regarding the subject of the contract—construction work—extension of an elementary school (funded by EU resources)

Comprehensive legal advice on the preparation of tender documents and tender conditions, on the announcement of the tender regarding the subject of the contract—construction work—energy efficiency improvements at an elementary school (funded by EU sources)

Review Procedures in Public Procurement

Legal advice on a bidder’s application for a contract and representation of the client in review proceedings under the Public Procurement Act

Lawsuit for Damages

Damages caused to the producer of electricity from photovoltaic power plants by the defendant’s unjustified refusal to issue the plaintiff a certificate confirming that a functional test of the equipment had been performed, thereby depriving the plaintiff of the ability to supply electricity to the defendant’s distribution system.

Dispute over Damages in International Road Freight Transport

A claim for damages caused to a freight forwarder by misrepresentation and the theft of goods in transit by a phantom driver, and the related dispute over the payment of insurance proceeds. The dispute concerns the international transport of goods and is between foreign and Slovak entities.

Compensation for damages caused by a “sub-carrier” who fulfilled a contractual obligation to its contractual partner under a contract for the carriage of goods. The dispute concerns the international carriage of goods.

Declaration of the invalidity of resolutions

A dispute concerning the invalidity of resolutions passed by the assembly of delegates of an entity established by law regarding the election of the entity’s chairperson. If the resolutions were found to be invalid, the entity would suffer significant damages.

Representing the client in cooperation with foreign partners in negotiations with the opposing party, claiming damages, and preparing a report on facts indicating that the crimes of unauthorized use of another’s property and fraud were committed in the Republic of Poland (the aggrieved Slovak entity conducting business activities in Poland)

Debt collection for a non-banking company in Slovakia

Action for a Declaration of the Invalidity of Electronic Service

Motion to stay enforcement proceedings, filing an objection, petition for a retrial.

Emergency measure - landfill

Representing the client in proceedings to order the operator of the landfill in question to grant access to and use of the consolidated landfill.

Action for the Return of Property – Cogeneration Units to Their Owner

Surrender of the work due to the assertion of a retention of title, or due to non-payment of the purchase price (termination of the contract).

Return of unjust enrichment

Protection of public funds managed by the municipality as a public-law entity.

Compensation for non-pecuniary damage

Representing the defendant in a lawsuit seeking compensation for non-pecuniary damages resulting from the death of a person in a traffic accident.

Constitutional complaint

Filing a constitutional complaint regarding delays in proceedings under special regulations governing the granting of licenses to provide consumer credit without restrictions on the scope of provision.

Enforcement of a shareholder’s claims against the company

Filing claims for damages.

Administrative action to annul a decision by the National Bank of Slovakia

administrative proceedings in which the regional court overturned the NBS decision, by which the NBS had rejected the application for a license to provide consumer loans without restrictions on the scope of business.

Following the administrative proceedings in which the regional court overturned the NBS decision, and given that the regional court’s decision was also upheld by the Supreme Administrative Court in proceedings on the NBS’s cassation appeal, we are seeking compensation for damages, as quantified by an expert opinion, caused by the issuance of an unlawful decision pursuant to the provisions of Act No. 514/2003 Coll. on Liability for Damage Caused in the Exercise of Public Authority. This concerns the administrative authority’s decision not to grant a license to conduct a regulated activity.

Representing clients in disputes

Representing the client in litigation and in out-of-court settlements regarding claims for damages caused during international transport.

Enforcement of statutory and contractual penalties resulting from the failure to deliver the subject matter of the contract (amusement attractions) properly and on time, Preparing and filing urgent and protective measures against the debtor’s and guarantor’s assets with a successful outcome. Assessment of the applicability of the European Account Preservation Order under EU Regulation No. 655/2014.

Representing the client in a dispute regarding the recovery of unjust enrichment based on the failure to return monetary performance following a valid withdrawal from the contract and compensation for damages caused by the breach of a contractual obligation.

Representing a client in the judicial dissolution and settlement of joint ownership.

Representing a client in a matter concerning the enforcement of claims arising from a contract for work.

Representing a client in administrative proceedings regarding a violation of obligations under Act No. 355/2007 Coll. and the imposition of a penalty for an administrative offense.

Representing the client in a dispute over the enforceability of a foreign enforcement order obligating the client to pay a due debt that the client was unable to pay due to a direct causal link to EU sanctions in force against Belarus, whereby the enforceability of this foreign enforcement order is thus contrary to the public policy of the Slovak Republic.

Protection of a Legal Entity's Reputation

A pre-litigation demand to remove false and misleading information and statements about a legal entity published on the social network Facebook or any other communication platform, and a demand to refrain from any action that couldto cause interference with and damage to the company’s reputation.

Representation in enforcement proceedings

Motion to stay enforcement proceedings due to failure to serve documents.

Enforcement of Claims Outside the Slovak Republic

Enforcement of claims arising from a contract for work involving multiple individuals residing outside the territory of the Slovak Republic 

Representing the client in the termination and settlement of joint ownership

Representing the client in the termination and settlement of joint ownership

Representation in a dispute over rent payment and compensation for damages.

Representing the client in a legal dispute regarding the payment of rent for non-residential premises and damages incurred to the leased property.

Representing a client in connection with a reduction in non-repayable financial assistance

Representing a client in connection with a reduction in non-repayable financial assistance

Legal advice on withholding tax

Representing clients engaged in the wholesale distribution of pharmaceuticals and medical devices in tax proceedings concerning the assessment of withholding tax, and representing clients in court proceedings to review the legality of decisions made by tax authorities. The subject of the proceedings is the legal assessment of the correctness of withholding tax collection from the holder of a license for the wholesale distribution of pharmaceuticals in business dealings with a pharmacy care provider since 2015.

Submission of comments on the Medicines Act and filing of a complaint with the European Commission regarding the incompatibility of the proposed provisions of the Slovak law with primary European Union law

a violation of the principle of the free movement of goods and services within the European Union’s internal market.

Legal advice on the taxation of expenses

Advice on the taxation of expenses incurred by training participants—physicians—in a program organized by the client, a manufacturer and distributor of medical devices.

Action for failure to act by a public authority

The subject matter of the administrative lawsuits is the defendant’s—the tax office’s—failure to observe a reasonable time limit for conducting tax audits, which is related to the unlawful length of the suspension of those audits.

Representing a taxpayer during a tax audit

Income tax audit.

Representation of a taxpayer in tax proceedings regarding the taxpayer’s claim for a refund of excess VAT deductions (the transactions under review involve advertising services received), and subsequent court proceedings based on a general administrative action to review the legality of decisions issued in these tax proceedings.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

Analysis of the Provisions of the Income Tax Act

Analysis of the provisions of the Income Tax Act concerning withholding tax regulations, following the amendment effective as of January 1, 2021, and preparation of a motion for the competent authority to reconsider their interpretation, as well as a motion to eliminate ambiguities and inaccuracies in the amended legislation.

Consulting services for a company that organizes professional training for Slovak doctors through a lecturer

Consulting services provided by a company organizing professional training for Slovak physicians in a specific case, delivered by a lecturer—a foreign physician from Jordan—regarding the proper procedure for taxing all services provided to clients (towards the lecturer and the doctors being trained). Including the application of income taxation for a taxpayer from a non-cooperating jurisdiction.

Representation of a Slovak taxpayer in 10 administrative court proceedings against the Financial Directorate of the Slovak Republic

Representing a Slovak taxpayer in proceedings following a VAT audit, including appeal proceedings and administrative court proceedings.

Comprehensive setup of tax structures and procedures related to the application of withholding tax

Comprehensive setup of tax structures and procedures regarding the application of the special withholding tax method for services provided by healthcare providers, including issues of international taxation, consulting and the establishment of optimal processes were provided to a subsidiary based in the Slovak Republic, belonging to a globally operating group engaged in the manufacture and distribution of medical devices. Internal guidelines were drafted for the client, setting out all related procedures. This also included the preparation and revision of complete contractual documentation for relationships in which the client provides monetary or non-monetary consideration, in light of the tax implications of these transactions.

Legal advice on launching a cross-border mail-order service for alcoholic beverages.

Legal advice on excise taxes in connection with the operation of cross-border mail-order sales of alcoholic beverages.

Establishment of a permanent establishment (tax office) for a Czech company in the Slovak Republic, including consulting services to develop an optimal tax model for business operations in accordance with applicable laws.

Legal advice on the matter and representation of the client before the tax authority throughout the proceedings regarding the establishment of a permanent establishment (tax office) of a Czech commercial company in the Slovak Republic. Legal advice on tax matters related to international goods flows subject to specific legal regulations.

Legal advice regarding the assessment of whether a citizen of the Russian Federation with permanent residence in Moldova meets the conditions for tax residency in the Slovak Republic.

Providing an opinion regarding the Income Tax Act and assessing whether a citizen of the Russian Federation with permanent residence in Moldova meets the conditions for tax residency, as well as determining the applicable withholding tax rates in relation to the dividend paid to a Slovak tax resident from the United Arab Emirates and Singapore

Representing a taxpayer in 28 administrative court proceedings against the Financial Directorate of the Slovak Republic, the subject of which is the review of the legality of decisions issued in tax proceedings, by which the taxpayer was assessed additional VAT and income tax liabilities for 28 tax periods.

Legal advice regarding the import and distribution of electronic cigarettes

Legal analysis of the conditions for placing electronic cigarettes on the market, the incurrence of tax liability in relation to the excise tax on tobacco products in the case of the import and subsequent sale of electronic cigarettes, and the determination of the nomenclature code for a specific product – electronic cigarettes within the meaning of Slovak and European legislation.

Representing the client in proceedings for a preliminary injunction under Section 50 of the Tax Code

Representation of the client and legal advice regarding a measure imposed by the tax administrator to freeze funds in a bank account (Decision on a preliminary measure pursuant to Section 50 of the Tax Code), which was issued outside the scope of a tax audit, outside proceedings for the assessment of tax based on supporting documents, and outside an on-site inspection.

Assessment of Royalties for the Use of an International Trademark

Tax and legal assessment of license fees for the use of an international trademark between affiliated entities within a single corporate group. Advice on transfer pricing and setting transfer prices. Assessment in relation to income tax and the deductibility of tax expenses.

Tax and legal advisory services regarding the comprehensive structuring of an entity’s tax obligations in relation to the design of an optimal structure for cross-border transactions and dividend payments.

Collaboration with tax advisors in Slovakia and abroad. Establishing offshore companies and assisting in the preparation of documents for clients as required by foreign partners. Assessing tax residency on a case-by-case basis and assisting with the registration of a foreign company’s tax office in Slovakia.

Selected cases of client defense in criminal proceedings

Defense of the accused for the offense of unauthorized business according to § 251 par. 1, par. 2 letter b) of the Criminal Code. The proceedings ended with a decision of the General Prosecutor's Office of the Slovak Republic to annul the resolution on the indictment because the law was violated to the detriment of the accused.

Defense of the accused for the continuing crime of tax fraud according to § 277a par. 1, 2 letter c /, par. 3 letter a / of the Criminal Code in a single act with the continuing crime of tax and insurance reduction according to § 276 par. 1, par. 2 letter c /, par. 4 of the Criminal Code, both using the provisions of § 138 letter i / (as an organized group) of the Criminal Code.

Defense of the accused for a particularly serious crime of breach of duty in the administration of foreign property according to § 237 par. 1, par. 4 letter a) of the Criminal Code. The proceedings ended with the approval of an agreement on guilt and punishment.

Selected criminal complaints

Filing a criminal report on a suspected crime of fraud and representing the victim. Criminal proceedings have been instituted.

Representing the whistleblower when filing a report on facts which indicate that a criminal offense of fraud has been committed pursuant to Art. § 221 par. 3 letter a) of Act no. 300/2005 Coll. Of the Criminal Code in a multivariate parallel concurrence with the crime of embezzlement according to Art. § 213 par. 3 letter a) of the Criminal Code, with the criminal offense of damaging another's property according to para. § 245 par. 3 letter a) of the Criminal Code, with the criminal offense of breach of duty in the administration of foreign property according to § 237 par. 3 letter a) and with the criminal offense of favoring the creditor pursuant to para. § 240 par. 1 and 2 of the Criminal Code by unknown perpetrators, In the case was prosecuted.

Enforcement of claims arising from the CMR Convention

Representing the client in asserting claims arising from the CMR Convention in international transport and pursuing a claim for damages caused by the carrier in a traffic accident caused by the carrier. The dispute concerns the international transport of goods and is between foreign and Slovak entities.

Regulations on the storage and logistics of medicines pursuant to Act No. 362/2011 Coll.

Legal advice to a foreign pharmaceutical company on establishing a drug storage system in accordance with Act No. 362/2011 Coll. and so-called mandatory drug reserves from the perspective of the location of the warehouse of the holder of a wholesale distribution license and the MAH holder, with a focus on the specifics of Slovak legislation regarding the so-called emergency system.

Representing the client before the Office for Personal Data Protection

Representing the client during an inspection by the Slovak Data Protection Authority, as well as in the subsequent administrative proceedings regarding the imposition of a fine for the identified violation and in the appeal proceedings, in which a significant reduction of the originally imposed fine was achieved.

Inspection (internal audit) at the client’s premises—a real estate agency—in the area of personal data protection and security; prior to the conduct of a notified inspection by the Slovak Data Protection Authority; preparation, configuration, and adjustment of processes; ensuring compliance with relevant legislation (GDPR, Act No. 18/2018 Coll., and other legal regulations). Including representation of the client during the Office’s inspection. Inspection findings with no negative findings or identified violations.

Legal Analysis and Opinion on the Protection and Processing of Personal Data Through Surveillance Camera Systems and GPS Devices

Preparation of a legal opinion and analysis regarding the use of CCTV systems and GPS monitoring in relation to the monitoring of employees during working hours, as well as other data subjects, with reference to obligations under labor law and regulations regulating the protection and processing of personal data in the Slovak Republic for an Italian construction company with global operations in the field of large-scale construction and major infrastructure projects, specifically in connection with its activities in the Slovak Republic.

Legal advice for healthcare providers on cybersecurity

Legal advice, configuration, and harmonization of clients’ existing processes and procedures - healthcare providers and so-called essential service operators in healthcare, including an analysis of whether they qualify as essential service operators under the Cybersecurity Act. Consulting on the implementation of obligations arising from legal regulations concerning the cybersecurity of critical infrastructure and legal consulting on ensuring the compliance of processes and procedures with legal regulations regarding the processing of personal data (issues under the GDPR and Act No. 18/2018 Coll.). 

Development of a program of in-house activities aimed at combating money laundering and terrorist financing

Consulting on the implementation of internal processes related to anti-money laundering at the client’s organization and the development of an internal compliance program focused on combating money laundering and terrorist financing for a client that employs more than 100 staff members. As part of addressing the client’s request for comprehensive handling of necessary procedures in this area, we analyzed the client’s processes and transactions that could pose AML risks, while establishing the scope of due diligence to be performed.  Specific situations and the recommended course of action in each case were discussed with the client on an ongoing basis.

Whistleblowing

Establishing internal policies and procedures for whistleblowing and providing related advisory services to a client with foreign management. Consulting with central management on issues related to the specificities of regulations in the Slovak Republic and advising on the harmonization of procedures with national legislation.
Drafting internal guidelines and other necessary documentation, records, information, and template documents. 

Compliance with the Regulation on Digital and Operational Security in the Financial Sector (DORA)

In collaboration with our partner Top Privacy, we conducted an analysis of processes and relationships at a payment service provider in the area of data and personal data security. Initial analysis of the client’s processes for the purpose of implementing the rules and obligations under the Digital Operational Risk Act (DORA).

Information Security

In collaboration with our partner Top Privacy, we conducted a security audit, provided legal advice, and consulted with the client on information security matters, which included an analysis of the client’s processes for managing IT and communications infrastructure for companies (analysis of data flow security, processes, storage, data transfers, further processing of personal and other data regarding the company’s clients and other company data). Internal documents and guidelines on information security (particularly in the areas of cybersecurity and personal data protection) were developed for the client.

Entries, amendments, and deletions from the Public Sector Partner Registry

Performance of activities by an authorized person on behalf of public sector partners in the registration process (entry), which includes assessing the ownership and economic structure of the partner, ensuring that the data entered in the registry is current and accurate, and updating such data, recording changes to data, activities related to verifying data on public sector partners entered into the registry (so-called verifications), as well as other activities arising for the authorized person directly from the Act on the Registry of Public Sector Partners.

Legal support for the purchase of a pharmacy business, drafting of internal regulations, and obtaining the necessary permits

Legal advice and comprehensive legal support for the acquisition of a pharmacy business by a Slovak entity abroad, including all equipment and inventory, in accordance with relevant legal requirements. Drafting the necessary internal regulations and securing the relevant permits for the client required to operate a pharmacy in an EU member state.

Consulting on the integration of client applications in the healthcare sector

Legal advice and preparation of the necessary legal documentation for the implementation of a project to integrate a client’s application in the Slovak Republic—enabling electronic communication between patients and healthcare providers.

Legal advice regarding the issuance of a license to operate a healthcare facility

Handling all legal matters related to the establishment of a healthcare facility operator. Providing legal advice regarding the provision of premises and equipment for the facility, such as lease agreements and working documents related to staffing for the healthcare facility in question.  

Legal advice for healthcare providers in the Slovak Republic regarding the online dispensing of over-the-counter and prescription medications through online platforms or third parties.

Preparation of comprehensive legal documentation in accordance with current legislation and a comparison with the legal frameworks of other European Union member states.

Tree of fulfilled wishes / Strom splnených prianí

We strive to increase the availability of legal services for disadvantaged social groups, and therefore one of the areas in which the law firm Hronček & Partners, s. r. o. is also dedicated to the support of the PRO BONO project Strom splnených prianí / Tree of Fulfilled Wishes. Due to our work experience, we are willing to selflessly provide comprehensive legal advice. We are taking the initiative in favor of a good idea of helping people.

OZ Premena v Turci

We support a civic association that is actively involved in supporting the public benefit activities of local people.

Young against fascism / Mladí proti Fašizmu

We are legally covering the Young Against Fascism project.

Confident Slovakia / Sebavedomé Slovensko

Legal advice within the activities of Self-Confident Slovakia.