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According to the court, abolition of two-way cycle streets and introduction of “blue zones” in Karlín violated the law
The anticipated decision of the Prague Municipal Court stipulated that the general measure that introduced the first stage of paid parking (blue zones) in Karlín while abolishing Karlín’s two-way cycle streets was issued in violation of the law. The Prague 8 Municipal District has 90 days from the date of the final decision to issue a new measure. The petitioner was represented by our Štěpán Holub.
In the case at hand, the association Auto*mat and two other individuals demanded that the two-way cycle streets in Karlín, i.e., streets where cars can only travel in one direction while cyclists can travel in both, not be abolished. Although the intention of the legal action was not to contest the establishment of blue zones, it was not possible to separate their introduction from the petition because the two-way cycle streets were abolished by the same general measure that introduced paid parking for automobiles.
The court reproached the Prague 8 Municipal District in several places, specifically: the draft measure failed to duly justify the proposed change; traffic signs put in place in the area of the Negrelli viaduct were confusing; and, moreover, the municipal district failed to request the standpoint from the monument care authority required before parking could be introduced around the viaduct, which is technical monument. The court also criticized the vagueness of the measure from 2017 which “corrected” the measure from 2016, although it was not clear what state was in fact being changed – i.e., whether the one from 2012 or the one from 2016.
The court further stated that the rule set out in the measure from 2016 was replaced by a rule set out in the measure from 2017, thereby making it impossible for the court to address the proposal to abolish the measure from 2016, as, in its opinion, this measure ceased to exist according to the principle of "lex posterior derogat priori". Based on the decision, no measure will be effective once the decision comes into force. Thus, in effect, the regime applicable to Karlin’s streets prior to 2016 was reinstated.
According to the court, the municipal district has ample time to issue a new general measure and not have to undertake the expensive endeavour of removing existing signs.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
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."