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The Constitutional Court confirmed the constitutionality of decisions in favour of the clients of bankrupt travel agencies
As of 21 July, clients of bankrupt travel agencies, who are being represented by Klára Havlíčková, an attorney at the law firm Holubová advokáti, are a step closer to victory against insurance companies that are refusing to indemnify them the full price that they paid for a package tour. Those who have hitherto not taken action should do so within four years of a travel agency becoming bankrupt; otherwise, their claim against the insurance company will become statute-barred. The decision on the bankruptcy of the travel agency Parkam Holidays was reached on 10 August 2011.
On Tuesday, 21 July, the Constitutional Court dismissed the constitutional complaint filed by the insurance company Pojišťovna Generali against the decision of the Prague 2 District Court, which ordered it to indemnify clients of the travel agency Parkam Holidays the full price that they paid for a package tour. The Prague 2 District Court recognised that Czech law needs to be interpreted in line with European Union Directive 90/314 on package travel, package holidays and package tours, which imposes on the Czech Republic the obligation to guarantee that clients have everything returned to them. The Constitutional Court confirmed that the deliberations of the Prague 2 District Court were correct. It states that if a Czech regulation is adopted for the purpose of implementing a directive, as was in the case in the matter at hand, it is assumed that the legislator’s aim was to comply with the directive. It further emphasised that if a general court is to decide between two interpretations where one conforms to EU law, i.e., it complies with the directive, and the other does not, the interpretation that conforms to EU law shall be given preference.
The Constitutional Court clearly agreed with the argumentation put forth by the clients represented by attorney Klára Havlíčková of the law firm Holubová advokáti.
Pojišťovna Generali is now considering taking the case to the Court of Justice of the European Union. Theoretically, it has the right to do so; however, as a law firm specialising in travel law, we cannot fail to mention that according to the decision of the Court of Justice of the European Union in the Ilona Baradics case, only a national court, which the Constitution Court surely is as well, is authorised to decide whether a specific national legal regulation is an effective guarantee for a refund of all financial means paid.
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Stewarts
'No one has done as much for me as you,' Eva said.
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."
Livingstone, Tour Operator
Thank you again for your valuable advice. I breathe better when I know who to turn to.
Livingstone, Tour Operator
"Thank you again for your valuable advice. I breathe better when I know who to turn to."
Anders Thorsen Advokatanpartsselskab
It has been an absolute pleasure to work with you.
Anders Thorsen Advokatanpartsselskab
"It has been an absolute pleasure to work with you and your colleagues. Your advice and way of handling the matter and our communication has been of the highest quality and we are very happy with the outcome.
If any of my clients need assistance in matters in the Czech Republic in the future, I know who to recommend."