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Another success for our clients. The Municipal Court in Prague ruled that the increase in parking spaces at the expense of pavement width was not sufficiently justified. The measure of a general nature issued by the Prague 4 municipality will be cancelled 60 days after the judgment becomes final.
Last October, the Prague 4 City Hall modified the parking rules in Horní Street in Nusle. Drivers now had the option of partial diagonal parking on the pavement on one side and longitudinal parking on the pavement on the other side of the street. The space for pedestrians was thus almost halved.
According to local residents, the modifications endangered the safety of the street
Although the district defended itself by saying that it had initiated the change in parking on the basis of a local request, some residents disagreed with the new layout of their street. This was mainly due to the substantial reduction of the space used by pedestrians and the reduction of the quality of everyday functioning in the street, including the threat to safety. The parking spaces and the pavement itself are separated only by white horizontal markings and cars often enter the pedestrian space.
The council must cancel or justify the measure
The Municipal Court in Prague accepted our client's objection relating to the insufficient justification of the measure. The court considered it too general and recalled that "the reasons for the statement, the grounds for its adoption and the reasoning followed by the administrative authority in its assessment and interpretation of the legal provisions must also be stated in the justification of a measure of a general nature" (NNS judgment No. 1 Ao 3/2008-136, No. 1795/2009 Coll. of the SAC of 16 December 2008). The court also pointed out the importance of such justifications in relation to the general abuse of power.
The Prague 4 municipal district has 60 days from the legal entry into force of the judgment to consider further action regarding the modifications to Horní Street. If it decides to set the measure in the same wording, it must properly justify it. Otherwise, the modifications will be removed.
This is the second court decision in a relatively short period of time that has found in favour of people opposed to the expansion of parking spaces at the expense of space used by city residents. Perhaps Prague will soon join the trend in many European cities.
Please do not hesitate to contact us if you are facing a similar situation.
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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."