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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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Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."