Commercial litigation and arbitration is one of the main practice areas for PETERKA PARTNERS in the CEE region. For almost twenty years we have represented our clients in a broad spectrum of disputes.
For complex cases, our litigation teams also include lawyers from other practices (e.g., Intellectual Property, Real Estate) in order to match their experience to the specific needs dictated by the nature of the particular disputes.
Our litigation and arbitration practice has been appraised by the legal industry’s leading rankings: Chambers and Partners and The Legal 500.
References
ACHMEA
Coordination of French law firms for a Slovakian client, who is involved in a complex insurance litigation led before French courts. PETERKA & PARTNERS assures the communication between the interested parties, explanation of legal questions discussed before the French courts and discussion of futures steps with cooperating French law firms. In this particular case, PETERKA & PARTNERS serves as an intermediary between the Slovakian client and French lawyers representing him before French courts.
ADVANTAGE-FL.CZ
Legal advisory services to Advantage-fl.cz s.r.o., a Czech supplier of high-precision machinery for goldsmiths, jewellers, and metal finishing, regarding the rights resulting from the termination of a distribution agreement, and enforcement of a non-competition clause in an agency contract.
AIG
Acting for a German insurance company against a Czech company in regards to claims arising from liability insurance. We assisted the client in assessing claims asserted by a Czech food company against the insured, including representation of the client in negotiating a settlement agreement between the parties.
ATLAS COPCO
Representing the Czech machinery company Lutos a.s. before French and Czechcourts in a dispute concerning liability for a delivered machinery unit in France.The value of dispute is approximately €4 million.
BBL ENERGY
Legal representation of BBL Energy, a Canadian company offering innovative waste conversion systems, in a dispute with a Czech company regarding the supply of equipment for PTR technology. Our assistance mainly consisted in the preparation of various legal analyses, the pre-litigation phase, and negotiation of the settlement options.
BUK AUTO
Legal advice to the international automobile trader BUK-Auto Ltd., including filing an action to recover the client’s automobiles unlawfully retained by a Slovak company.
CALVEX
Representing Profins Limited, a worldwide manufacturer of steel products, in litigation concerning liability for defects and compensation in connection with supplies of ribbed tubes to the Czech Republic, including negotiations on an out-of-court settlement.
CEVA LOGISTICS
Successful representation of the Bulgarian subsidiary of a major European logistics group in insolvency related proceedings of the client’s debtor, in particular in regards to objections against a refusal of the insolvency trustee to accept some of the client’s claims. The matter required complex argumentation related, on the one hand, to challenges associated with the evidencing aspects and, on the other hand, with the justification of the secured/privileged status of the claims.
CHEMOTEX DĚČÍN
Legal services to the Czech chemical company Chemotex Děčín a.s., including filing an action to determine the creditor with the local court and complete legal support in court proceedings and during debt recovery. The agreement between the parties was governed by Czech law but the creditor had to register its claim in insolvency with the Ukrainian court under Ukrainian law.
COMPAGNIE TUNISIENNE DE DÉVELOPPEMENT TOURISTIQUE
Representing Compagnie Tunisienne de Développement Touristique, a Tunisian hotel operator, as a claimant in proceedings on the recognition and enforcement of a Tunisian court ruling in the Czech Republic against the Czech tour operator Exim Tours.
DR MULLER PHARMA
Representing a leading Czech manufacturer of medical devices, curative cosmetics and food supplements, Dr. Müller Pharma and its Slovak sister company, in litigation before Slovak courts against a Slovak company engaging in unfair competition and distributing products infringing on the intellectual property rights of the client.
ENERSTENA
Preparation of a legal memo – the assessment of certain aspects of time-barring (limitation) in Czech law for further use in the insolvency proceeding of a debtor ENERSTENA, in Lithuania, in connection with a dispute over the existence/quality of ENERSTENA's receivable towards a Czech company.
ESPY
Advising a company from Luxembourg in the metal work machining industry, in connection with assessing the possibility of recovering damages resulting from the defective delivery of goods against a Czech company.
FIRSTFARMS
Representing FirstFarms Gabčíkovo, a Slovak agricultural company, in several litigations against the Financial Directorate of the Slovak Republic in matters related to tax imposed on the client without legal grounds.
GARDNER DENVER
Legal assistance to Gardner Denver CZ + SK, s.r.o., a company specializing in the production and maintenance of compressors, pumps and other industrial machinery, in relation with debt collection against a business partner with its registered seat in Slovakia. Our assistance included the entire debt collection procedure, including pre-trial recovery, representation before the court and representation during the enforcement proceeding.
GM ELECTRONIC
Representing GM ELECTRONIC, a Czech distributor of electronics, measuring instruments and a wide range of other products for electrical production, as a defendant in litigation-related claims made by a provider of server administration services. The court of first instance awarded the plaintiff the claim sued for. However, the court of appeal dismissed the suit and provided very important guidelines on how to decide disputes in which a provider claims monthly lump sums for months in which it provided no services.
HARTLANDS
Legal advisory services to Eko Carbo Julia sp. z o.o., a provider of services in relation to the management of waste from flotation beneficiation of coal, in connection with several disputes related to development of real property and fees for usufruct right connected with real properties owned by the client.
HOTEL INGATLANHASZNOSÍTÓ
Acting for a Hungarian company active in the Real Estate industry, against a Czech limited liability company providing travel agency services, in claims arising from provided accommodation services, including representation of the client, as creditor, in enforcement proceedings in the Czech Republic.
ILONA HNÁTOVÁ-FRISCH
Complex advisory to a Czech natural person concerning real property in Croatia – coordination between the Czech and Croatian offices of PETERKA PARTNERS: - legal memo – an overview of the steps in a case of purchased defective real property and in a case of payment of an excessive deposit as a sanction due to the non-conclusion of a purchase contract (according to a future purchase contract) - issues connected with the conclusion of a purchase contract (according to the future purchase contract), and objections regarding defects of property - out-of-court settlement of the client's claim on the payback of an excessive deposit, according to the future purchase contract which was not concluded
Successful representation of the client, a natural person, as a future buyer against future sellers in an out-of-court settlement with respect to a claim for unjust enrichment. In the out-of-court negotiations with the future sellers with whom our client executed a Pre-Agreement on the sale and purchase of real estate, we successfully obtained the return of the difference between the deposit which was contracted and paid in an excessively high amount and the appropriate deposit.
KARLA
Coordination of legal services provided by a cooperating German law firm, in connection with debt recovery litigation, to Karla, s.r.o., active in the sale of steel sheets, production and finishing of weldments, and waste metal treatment.
KEY PLASTIC
Legal advisory services to the French liquidator of Key Plastics Slovakia, an important producer of plastic parts for the automotive industry, in secondary bankruptcy proceedings in Slovakia involving aspects of the European Insolvency Regulation. The legal assistance includes various insolvency cross-border issues and focuses on both Slovak and European insolvency law.
KOREP MONTÁŽE
Advising a Czech limited liability company engaged in electrical installation and locksmith work, on the recovery of a claim against a Polish debtor in restructuring proceedings in Poland. The role of the Czech leader of the advice is to assess the applicable laws, represent the client in the pre-litigation recovery of the claim, coordinate the legal services provided by the Polish lawyers in connection with the initiated restructuring proceedings of the debtor in Poland and recommend a further course of action and suitable strategy in the recovery of the client's claim. This assignment includes assessment of the client's claim from the perspective of Czech and Polish law as well as the application of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings.
LAZARE POTTER & GIACOVAS
Representing a US corporation in recovery of a debt through enforcement of a pledge over real estate in Prague (value 1.5 million USD)
LITOZ
Successful representation of LITOZ, s.r.o., a plastic packaging and products producer, in a dispute with Všeobecná úverová banka (a major Slovak bank) and Factoring KB, in relation to a factoring agreement. In this matter the Supreme Court issued a very important decision, Decision 23 Cdo 427/2017, in favour of the client (related mainly to conflict of laws issues – according to the Rome I Regulation). Based on this decision the court of first instance dismissed the suit. An appeal and cassation appeal filed by the claimant were dismissed.
LM EUROPE
Representing a premier clothing manufacturer in a debt recovery proceeding against their local partner and distributor. Our comprehensive services consisted of analysis and legal advice in the pre-trial phase, followed by representation of the client in the judicial phase.
NICOLAUS LEATHER
Legal advisory services to a Slovak company manufacturing and distributing leather products, including assistance with debt recovery from a Bulgarian company, submission of receivables within insolvency proceedings, and regular monitoring of the insolvency.
OPSEC
Legal advisory to a foreign legal entity from the United Kingdom, in connection with the recovery of receivables arising from the unpaid price for goods delivered to a business partner from the Czech Republic.
PRECIOSA
Legal advisory services to Preciosa-Lustry a.s., a traditional and world renowned producer of glass products, in connection with dispute resolution.
RIYADH CO.
Representing Riyadh Establishment for Railway Supply, a company active in railway transportation, in arbitration related to the client’s right for a commission against LOKO Trans, a Czech company in the field of trade and services concerning railway technology.
ROMAN MIŠÚTH
Representation of a group of tax advisors in administrative court proceedings as well as civil proceedings initiated by our clients for determination of nullity of the decision on election of the president of the Slovak Association of Tax Advisors by its General Assembly. Our legal assistance also included analysis of ways to contest the decision of the General Assembly of the Slovak Association of Tax Advisors on the election of its president within the civil justice system and administrative justice system, analysis of opportunities for contesting such decision in administrative court proceedings, assistance in out-of-court negotiations with the Slovak Association of Tax Advisors, and drafting and negotiating the settlement agreement.
RV ROAD CARGO
Providing legal assistance to a Croatian carrier in administrative proceedings in the Czech Republic. The legal services consisted of, among other things, representing the client before the Czech administrative authority in the proceedings on the offence, a comprehensive assessment of the case, and recommendation of the further steps to be taken.
SAYEGH AVIATION EUROPE
Comprehensive legal advice on specific issues concerning aviation and European law, including advisory services in administrative proceedings concerning the air transport license and the certificate of air transport operator and in administrative proceedings initiated due to a breach of anti-noise regulations at an international airport, drafting and reviewing agreements on air transport, advice on and assistance in handling consumers’ claims and representation in court disputes with Slovak consumers.
SCIENTIFIC AND RESEARCH ENGINEERING CENTER OF REINFORCEMENT MANUFACTURING
Representing a Ukrainian company as a creditor against a debtor, a Czech limited liability company, in insolvency proceedings initiated in the Czech Republic. We assisted the client in registering claims for unpaid remuneration for services rendered.
SKANSKA
Advising Skanska, a major European construction group in a matter regarding the construction of a major infrastructure project in Eastern Slovakia. We advised the client in the contractual matters involving its customer, as several claims were raised in relation to the construction.
SOFIA MUNICIPALITY
Representation and advisory services to the municipality of Sofia, in relation to enforcement of a claim against a Czech entity. Following the initiation of bankruptcy proceedings for a Czech debtor, our assistance covers advice and representation of the client in the bankruptcy proceedings.
SOMA
Representation of the client as a creditor in the recovery of its receivables in an insolvency proceeding, including comprehensive advisory to the client on options for the transfer to the client as a non-resident of Ukraine of the assigned amounts and disputing actions of the liquidator in the insolvency proceeding.
STELLAR WORKS
Advising the client on the options for initiating a defamation case before Czech courts, in connection with statements archived on an internet archive service.
SVUS PHARMA
Legal services to SVUS Pharma a.s., a prominent Czech manufacturer of generic drugs and nutritional supplements and Farmax Slovakia, a.s., its Slovak subsidiary, in connection with litigation concerning trade mark rights and unfair competition before Slovak courts. The value is more than EUR 800,000.
TOMÁŠ
Legal assistance to a Ukrainian subsidiary of a major CZ production and engineering company in the field of mining technology, in challenging the result of tax audit. Our legal assistance included preparing administrative and court claims challenging additional assessment of corporate profit tax liabilities. We successfully represented the client in the courts of both the 1st and 2nd instances, which resulted in annulment of a tax ruling of around EUR 90,000 and establishing new court practice regarding discounting of payables.
TOUAX
Advising Touax Rail Ltd., the second largest lessor of intermodal railcars in Europe, concerning the insolvency proceedings initiated against its Czech supplier of components for rail wagons.
UNIQA
Representing UNIQA poisťovňa, a.s., a member of UNIQA insurance group, in several litigations initiated by its former client related to asserted claims for insurance fulfilment, with a total value of several million euros. PETERKA & PARTNERS provided the client with comprehensive legal assistance, including detailed analysis of the exercised claims and representation before courts of all instances. The client was successful in all of the cases as the courts finally dismissed all claims raised against it.
VÁHALA
Comprehensive legal services to the Czech company VAHALA, a leading producer of meat and smoked-meat products, in connection with two disputes related to unfair conditions of retail chains.
VALEO
Successfully representing the Czech subsidiary of Valeo Group, a manufacturer of spare parts and components for the automotive industry, in litigation against a bankruptcy trustee for recognition of the client’s receivable for a contractual penalty.
VEOLIA GROUP
Legal advice to, and representation of, Stredoslovenská vodárenská prevádzková spoločnosť, a.s., a member of the VEOLIA group, in proceedings on a constitutional claim filed at the Constitutional Court of the Slovak Republic against the decision of the Slovak Supreme Court related to compensation of damages resulting from limitation on the use of lands located in water resources protection zones. The proceedings concerned a legal dispute over basic requirements of the action for commencing judicial proceedings and a breach of the right to a fair trial and of the right to equality of the parties before the court.
The PETERKA & PARTNERS team led by Hynek Peroutka advised MORAVSKÁ VODÁRENSKÁ a.s. from Veolia Group („MOVO“) in the project of transforming the operation of the water supply infrastructure in the Zlín region and creating a new model, which ended an 18-year long series of court and arbitration disputes between the company Vodovody a kanalizace Zlín a.s („VAK Zlín“), as the owner of the infrastructure controlled by the municipalities in the Zlín region, the towns of Otrokovice and Fryšták as its minority shareholders, and MOVO as the operator of the infrastructure. PETERKA & PARTNERS also previously represented MOVO in a number of these disputes. The essence of the settlement, which was negotiated for two years and subsequently implemented in the first half of 2022, was the creation of a new operating company Vodárna Zlín a.s., into which MOVO contributed part of its business and which, as of 1 July 2022, took over the operation of the water supply infrastructure owned by VAK Zlín and towns and municipalities in the Zlín region. From 1 July 2022, Vodárna Zlín a.s. became a joint venture between VAK Zlín and MOVO (by transferring of 75% of shares) until the end of 2029, when it will become fully controlled by VAK Zlín. The entire transaction comprises a number of unusual and innovative aspects, concerning relations between the shareholders of the joint venture, a specific controlling role of the towns of Otrokovice and Fryšták, special arrangements for the purchase price of the shares, the method of its payment and generating of funds for it, and others. Given the nature of the water supply business, the complexity of the negotiated structure and the involvement of both private and public (municipal) actors, the transaction also involved a number of public law and regulatory aspects and was subject to clearance by the Office for the Protection of Competition.
VHS HOLDING
Successful coordination of the legal services of a French Law firm with respect to a court dispute in France. The French law firm successfully defended PREFA ŽATEC against several claims sought by contractual partners.
YASAR
Representing Yadex International Gmbh, a German subsidiary of the well-known Turkish multi-sector group Yaşar Holding, in opposition proceedings against two national trademark applications filed by a competitor before the Czech Industrial Property Office.
ZVOLENSKA MLIEKAREN
Comprehensive advisory services to Schreiber Slovakia s.r.o. (formerly SENOBLE Central Europe, s.r.o.), active in the production of dairy products, namely with the registration and transfer of trademarks, drafting of framework contracts, assistance with corporate changes, and with the temporary assignment of employees and litigation matters.
Key People
