Category: Czech Republic

  • Buzz in the Czech Republic: Interview with Jan Spacil of Deloitte Legal

    “The measures taken by the Czech Republic’s government during the pandemic were good and quick, but the discipline people have shown helped with the situation as well,” says Jan Spacil, Managing Partner at Deloitte Legal in Prague. “Various other countries that didn’t work as quickly later had to impose much stricter measures.”

    As a result, Spacil says, things are “getting back to normal” in the Czech Republic, but he says the strong decline of the economy is very visible. “From a statistic point of view, the situation is even worse than what pessimists thought it would be,” he says. “I think we aren’t yet able to determine the full scale of the harm the pandemic may have caused, but there is an obvious rise of unemployment, which, before this, was at a particularly low level in the Czech Republic.”

    According to Spacil, only time will tell how successful the measures imposed by the country’s government to help the economy recover will turn out to be. “The current hot topic,” he says, “is companies asking for state compensation as a way to help business run. Legally, it’s a bit unclear whether if the leaders of companies be in trouble if they don’t file a complaint against the state and ask for compensation because they damaged the company in a way. If the company goes bankrupt because of it, they might be liable.”

    “Recently-adopted legislation in the Czech Republic mostly focused on measures to combat and recover from COVID-19,” says Spacil. In addition, he says, multiple new laws have been drafted, despite claims by the opposition that they are aimed solely at improving the position of Prime Minister Andrej Babis. “Looking at most recent polls, it seems like people think that the biggest issue in the Czech Republic is still corruption,” Spacil sighs.

    Spacil describes the country’s economic dependence on its neighbors as it tries to recover from the crisis. “We are looking at the way the situation develops in Germany, as the state of their economy directly influences ours,” he says. “The automotive sector was always important there, and this dependence is visible here too, as the major car manufacturer in the Czech Republic, Skoda, is owned by Volkswagen. We don’t yet know how much they’ll be influenced. We are closely monitoring the situation, and hope for the best. Looking at the long term, this could be a problem.”

    In general, though, things seem ok, at least so far. “We have not noticed any major withdrawals in investment,” he says, and most of those that started prior to the crisis are still ongoing.” Indeed, there’s reason for some optimism, he says. ”The issues with China have caused a disturbance in the supply chain and now some investors may focus more on European countries. Ultimately, the Czech Republic may benefit from this.”

    And, as elsewhere, there may be positive structural changes that come from the pandemic. “The crisis accelerated a lot of great things,” Spacil says. “Several great projects were started, like digital learning programs, home working – just the digital sector improving altogether. Processes that used to take a couple of years are now quicker, and this is something that will last in the future, too.” He says, “Deloitte colleagues around the world have noticed that the crisis made us skip a couple of years, and generally led to things being done faster.”

    Optimistically, Spacil concludes that, in times like these, the only way to get through is to “hope for the best, but be prepared for the worst.”

  • Kinstellar Advises Max Aicher on Acquisition of Pilsen Steel

    Kinstellar has advised Max Aicher GmbH & Co. KG on the acquisition of the enterprises of the bankrupt Czech companies, Pilsen Steel s.r.o. and Pilsen Estates s.r.o., from insolvency administrator Jaroslav Broz. Tarpan Partners were on the insolvency administrator’s team, while Roedl & Partner served as tax advisors to the Max Aicher group.

    According to Kinstellar, “the company was considered to be the world’s biggest producer of windmill shafts and one of the biggest suppliers of large crankshafts for diesel engines.”

    “As a result of the deal, Max Aicher Pilsen, s.r.o. – the newly founded Czech subsidiary of Max Aicher GmbH & Co. KG – acquired real estate property and plots of land measuring more than 200,000 square meters, together with all movable and immovable assets pertaining to the business activities of the insolvent companies; this includes machinery, equipment, supplies, and scrap metal”, Kinstellar reports. “The Max Aicher Group is a family business, founded in 1924 in Freilassing, southern Germany, with a turnover of some EUR 1 billion. The group is active in the steel, construction, real estate, and tourism industries, as well as in the environment and recycling sectors, and is one of the largest independent steel companies in Europe.”

    Kinstellar’s team was led by Partner Kamil Blazek and included Associate Vaclav Kment and Junior Associate Stepanka Havlikova.

  • Martin Fronek Moves from Dentons to White & Case in Prague

    Former Dentons Counsel Martin Fronek has rejoined White & Case in Prague.

    Fronek, who joins as a Local Partner, has spent the past six years with Dentons, after spending the first three years of his career at White & Case.  According to the firm, “over the course of his career thus far, Martin Fronek has been involved in a number of restructuring projects and insolvency proceedings, often representing creditors from among the ranks of major financial institutions in the Czech market. Martin is also recognized as an expert in criminal law.”

    “The arrival of Martin Fronek is yet another sign of our long-term focus on the further growth of our restructuring practice,” says Petr Panek, Executive Partner of the Prague office. “Martin is an extremely knowledgeable lawyer and seasoned professional, who has earned himself a stellar reputation in the legal community and commands the respect of his peers. We believe he is the perfect addition to our successful team.”

    Jan Linda, head of White & Case’s Banking practice in Prague, adds: “We are delighted about Martin’s decision to return to White & Case and to tie his further career to our firm. Martin was actively involved in a great number of major recent restructuring projects, and the skills and experience he has gained in the field will be an invaluable asset for us.”

     “Returning to the top international law firm in the country is a new challenge for me – one that I am very much looking forward to,” commented Fronek. “Both my colleagues and I myself stand to gain a lot from our renewed collaboration, though it is our clients who will feel the primary benefit.”

  • Lukas Duffek Becomes Salaried Partner at Rowan Legal

    Lukas Duffek has been promoted to Salaried Partner at Rowan Legal in the Czech Republic.

    Duffek, whose new title becomes active on July 1, 2020, joined Rowan Legal in 2007. He specializes in civil litigation with a focus on commercial disputes. Rowan Legal describes him as “one of the most respected civil lawyers on the Czech market thanks to his many years of in-depth experience and extensive knowledge of the law.” According to the firm, “he has also expanded his specialization over time – he is now a registered mediator and has participated in the development of the criminal law practice at Rowan Legal, which is not a very common specialization within big law firms.”

    “Promoting Lukas to a partner position is recognition of his exceptional work and for the excellent advisory services he provides Rowan Legal’s clients,” stated Partner Milos Olík. “He is a sought-after expert in the area of civil litigation strategies and within our firm has also built up a very successful criminal law practice, which he has been leading very capably. Besides being a great lawyer, he is also a very skilled manager, which can be seen from his behavior towards all our colleagues and clients.”

  • CMS and Dunovska & Partners Advise on Arkance’s Acquisition of CAD Studio

    CMS has advised Arkance on its acquisition of CAD Studio, a company involved in the digitalization of Manufacturing and Construction industries in the Czech and Slovak Republics and Hungary, from Autocont, a member of the Aricoma Group. Dunovska & Partners advised the sellers on the deal.

    Arkance is a subsidiary of the Groupe Monnoyeur. According to CMS, “this acquisition is in line with the Groupe Monnoyeur’s [plan] to establish a leading European distribution network to support its clients – Building and Earthmoving Contractors, Design Offices, Infrastructure Owners, Manufacturing Companies, and Mines and Quarry operators – on their digitalization journey.

    According to CMS, “historically linked to the Construction business through its Caterpillar dealership activities in Europe, the Groupe Monnoyeur was able to perceive very early on the major impact that digitization would have on its customers in the long term. By acquiring CAD Studio, leader in its markets, Arkance is investing in a company that has grown by forging close relationships with its many loyal customers. Those customers will now have access to a larger network of technical professionals, sometimes operating in territories with advanced market maturity – from which they will take some best practices.”

    CMS reports that, “after a transition period, the CAD Studio’s team will operate under the Arkance Systems banner, the Arkance division dedicated to the implementation of BIM & CAD solutions.”

    CMS’s team included Managing Partner Helen Rodwell, Senior Associates Frances Gerrard and Eliska Copland, and Associates Pavel Kocian and Martin Balaz.

    The Dunovksa & Partners team was led by Attorney Michal Koncuh.

  • Masek, Koci, Aujezdsky and Vyskocil, Kroslak a Partneri Advise on Livesport’s Acquisition of Kinobox from Peter Vachler

    Masek, Koci, Aujezdsky has advised sports platform Livesport on the acquisition of film portal Kinobox.cz from entrepreneur Peter Vachler, who will remain on as a consultant. Vyskocil, Kroslak a Partneri advised Vachler on the deal.

    Financial details were not disclosed.

    Livesport is a Czech company providing online scores and video clips from more than 35 different sports in the shortest time possible.

    “We will create a comprehensive database of audiovisual works that will make it easier for anyone to find their way around the inexhaustible offer of films and programs,” said Livesport’s CEO Martin Hajek. “We want to capitalize on the experience with disseminating information and bring film fans a service similar to that of our sports fans. In the future, we will enrich Kinobox with streaming television broadcasting.”

    Masek, Koci, Aujezdsky’s team included Partner Josef Aujezdsky and Senior Associate Ondrej Bahnik.

    Vyskocil, Kroslak a Partneri’s team included Partner Frantisek Vyskocil and Senior Associate Richard Ruzicka. 

  • Deal 5: General Counsel Martin Matula on CPI Property Group’s EUR 750 Million Bond Issuance

    On May 27, 2020, CEE Legal Matters reported that Dentons had advised CPI Property Group on a successful tender offer of bonds and the issue of EUR 750 million 2.75% notes due 2026 under CPI’s EUR 8 billion Medium Term Note Program. We spoke with Martin Matula, General Counsel at CPI, to learn more. 

    CEELM: Can you tell our readers a few words about the CPI Property Group?

    Martin: CPI Property Group is the leading long-term owner of income-generating real estate in the Czech Republic, Berlin, and the CEE region, with a total property portfolio of EUR 9.8 billion. Since 2017, we have been very active in debt capital markets and have issued bonds in seven currencies. We are regional pioneers on the DCM markets: We were the first European real estate company to complete a public bond offering in Japan, the first non-financial issuer on the TOKYO PRO BOND market, and the first foreign real estate company to obtain a credit rating from Japan Credit Rating Agency. We were the first European corporate issuer to complete a hybrid bond transaction in Singapore Dollars, and we were also the first company from our region to issue a GBP-denominated green bond. With the increasing importance of corporate social responsibility and environmental matters, we shifted our focus to green bonds. We have become the number one green bond issuer in our region and industry, a fact of which we are really proud. 

    CEELM: You recently concluded a successful tender offer of bonds and an issuance of EUR 750 million 2.75% notes. What was the rationale behind the refinancing/restructuring of your current capital structure?

    Martin: We pay close attention to our financial policy and capital structure. The rationale of this operation was to flatten debt maturities, reduce gross leverage, and fortify our robust operating position. Needless to say, the new bond issuance was also green. In other words, we issued green bonds maturing in 2026 while we repurchased conventional bonds maturing in 2022, 2023, and 2024. 

    CEELM: What would you say was the most challenging aspect between the tender offer and the issuance?

    Martin: These processes were linked, and the tender offer completion was subject to the successful completion of the new green bond issue. The two trades ran in parallel, we needed to coordinate between dealers’ groups and monitor market announcements. In the end, the transaction was very successful, and another example of our market-leading efforts in the DCM.   

    CEELM: What was Dentons’ mandate specifically? 

    Martin: Dentons acted as issuer’s counsel with a standard mandate. They helped us to update our EMTN program from EUR 5 billion to EUR 8 billion in the first place and then provided complex legal support during the actual deals.   

    CEELM: Why did you retain Dentons as advisers on this matter?

    Martin: We have been working with Dentons on our DCM transactions for about 18 months. They have a very efficient DCM team, led by Nick Hayday in London. In the CEE region, we worked with Dentons on many real estate transactions and were always provided exceptional service. Dealers were advised by Allen & Overy, and we also appreciate their role as the counter-party’s counsel.  

    This is the second time Matula has been interviewed for CEE Legal Matters’ Deal 5 feature, following his April 12, 2017, conversation about a CEE retail portfolio acquisition from CBRE Global Investors.

     

  • KSB Advises Ignum on Acquisition of Axfone

    Kocian Solc Balastik has advised Czech hosting company Ignum, a member of Slovakias WY Group, on the acquisition of the hosting division of Axfone LLC, a development and telecommunications company with branches in Europe, the USA, and Asia. Solo practitioner Richard Sysel advised Axfone on the deal.

    KSB’s team was led by Partner Drahomir Tomasuk and Attorney Jana Guricova.

  • KSB Advises Arete Group on Refinancing

    Kocian Solc Balastik has helped prepare contractual documentation for the Arete investment and real estate group related to the refinancing of the portfolio of its EUR 80 million CEE II sub-fund.

    Editor’s Note: After this article was published, CEE Legal Matters learned that KSB’s team consisted of Partner Martin Krejci, Advocate Ivo Prusa, and Junior Lawyer Tomas Travnicek. The funds were provided by Raiffeissenbank, which was advised by Clifford Chance.

  • KSB Successful for Czech National Theatre in Rent Dispute

    Kocian Solc Balastik has successfully represented the Czech Republic’s National Theatre in a rent dispute before the Czech Supreme Court.

    According to KSB, “the Supreme Court accepted KSB’s argument reasoning, dismissed the other party’s appeal, and confirmed the previous decisions by courts of lower instances issued in favor of the National Theatre.”

    According to a summary provided by KSB, “the Supreme Court’s decision No. 26 Cdo 2585/2019 of 15 April 2020 is also important in general as it confirms the voluntary nature of the legal provisions applicable to leases of business premises. According to the Supreme Court, the parties may deviate from Section 2314 of the Civil Code, which regulates judicial review of the legitimacy of a lease’s termination. The Supreme Court held that parties to a lease agreement may exclude the application of this provision, which means that the party which receives a termination notice may challenge the termination at any time and is not limited by any deadline. Moreover, in the context of Section 1763 of the Civil Code, the Supreme Court confirmed that the validity of a lease agreement is not prejudiced by the fact that later another lease agreement is concluded for the same premises and for the same lease term.”

    Editor’s Note: After this article was published, CEE Legal Matters learned that KSB’s team consisted of Partner Jiri Hornik and Advocate Radka Felgrova.