SELECTION OF LEGAL UPDATES
Stricter ruler on environmental claims and greenwashing
From 27 September 2026, new rules aimed at strengthening consumer protection against misleading environmental claims, commonly referred to as greenwashing, are to apply across the European Union. The new framework is based on Directive (EU) 2024/825 and is to be implemented in the Czech Republic through amendments to the Consumer Protection Act and the Civil Code. According to the latest information from the Czech Ministry of Industry and Trade, however, the Czech implementing legislation is still being considered by the Chamber of Deputies.
The new rules introduce stricter conditions under which businesses may market their products and services as “eco-friendly”, “green”, “environmentally friendly” or using similar claims. The list of commercial practices considered unfair in all circumstances is also to be expanded. These are expected to include, for example, unsubstantiated generic environmental claims, the use of unofficial sustainability labels without appropriate certification, or claims concerning an environmental characteristic of an entire product where that characteristic in fact relates only to a particular part of the product.
Environmental messaging does not necessarily have to take the form of an explicit written claim. According to the Czech Ministry of Industry and Trade, names, graphic presentation, symbols and colour schemes may also be relevant where they create a particular impression for consumers regarding the environmental characteristics of a product or a business. Businesses should therefore pay increased attention not only to the wording of their advertising claims but also to the overall presentation of their products and services.
For businesses, the new rules primarily mean that they should review the environmental claims and sustainability labels they use, together with their related marketing communications, and verify that such statements are sufficiently specific and can be adequately substantiated.
Amendment to the building act finally approved by the Chamber of Deputies
On 9 September 2026, the Chamber of Deputies overrode the Senate’s rejection and once again approved a comprehensive amendment to the Building Act. The new legislation is intended to simplify and accelerate construction permitting procedures while introducing an extensive reorganisation of the building administration system.
The key principle underlying the amendment is “one authority – one procedure – one approval”. The current fragmented decision-making process is to be replaced, to a greater extent, by an integrated procedure conducted by a single building authority. This is also linked to the establishment of a new system of state building administration and a reduction in the number of separate binding opinions issued by the authorities concerned.
A significant change also concerns proceedings already in progress. As a general rule, these are to be completed under the Building Act as amended, without the need to submit a new application. Developers and applicants will therefore need to assess the impact of the transitional provisions on each pending proceeding, particularly as regards the applicability of opinions already obtained and the legal regime applicable to the proceeding.
The amendment is also intended to strengthen the role of spatial planning and introduce a rule under which compliance with the conditions for granting a project permit is generally assessed as at the date on which the application is submitted. The scope for obtaining preliminary information is also to be expanded, together with certain mechanisms designed to accelerate proceedings, including the concentration of objections raised by parties to the proceedings.
The changes are also expected to affect minor structures, ex post permitting of unauthorised structures, planning agreements and the liability of designers. The amendment therefore goes beyond the organisational restructuring of building authorities and introduces significant changes to the process of preparing and permitting construction projects.
For developers and investors, the timing of an application, the project’s compliance with the applicable spatial plan and the quality of the project documentation will be particularly important. In proceedings already commenced, careful attention will need to be paid to the transitional provisions in order to determine which rules will apply once the amendment takes effect.
Dissolution of a criminally prosecuted legal entity without notification or consent
In its resolution Case No. 27 Cdo 771/2025 of 30 September 2026, the Czech Supreme Court addressed the legal consequences of a situation in which a legal entity subject to criminal prosecution takes legal action aimed at its dissolution, termination or transformation without complying with the requirements laid down in Section 32 of the Act on Criminal Liability of Legal Entities.
According to the Supreme Court, a breach of the notification obligation or the absence of consent from the competent criminal justice authority does not render such legal action absolutely invalid, nor does it mean that a resolution adopted by a corporate body is deemed not to have been adopted. The special rule contained in Section 32(4) of Act No. 418/2011 Coll. provides only for relative invalidity.
The competent criminal justice authority must therefore invoke the invalidity within the applicable time limit. For example, where the relevant act is a resolution of the general meeting of a limited liability company, an application seeking a declaration of its invalidity must be filed within the time limits laid down by the Business Corporations Act. If the competent authority fails to meet that deadline and no other entitled person files an application in time, or if a timely application is not granted, the adopted resolution is treated as valid.
The decision is particularly significant for business corporations facing criminal prosecution and their shareholders, as it clarifies the relationship between corporate law rules and the special restrictions applicable to dealings involving a legal entity subject to criminal prosecution.
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