Act No. 395 / 2009 Coll.

Law on significant market power and unfair commercial practices in the sale of agricultural and food products

Valid Law Effective from 01.02.2010
395
THE LAW
of 9 September 2009
on significant market power and unfair commercial practices in the sale of agricultural and food products
Parliament has decided on this law of the Czech Republic:
§ 1
Preliminary provisions
(1) This law implements the relevant European UnionRegulation (1) and provides for
(a) the way in which the assessment and avoidance of unfair commercial practices by customers with significant market power in the agricultural and food chain,
(b) the formalities and form of contract between the customer with significant market power and the supplier;
(c) supervision of compliance with this law.
(2) Under this law, unfair commercial practices are assessed regardless of where they were carried out and regardless of the applicable law of the contract between the customer with significant market power and the supplier if their effects have occurred or may occur in the Czech Republic.
§ 2
Definition of certain terms
For the purposes of this Act:
(a) by a supplier, a person or an alliance of suppliers, where he produces or sells agricultural products or food products, or receives or provides services related to the sale of agricultural products or food products ("related services"); the supplier is also the person who provides the sale, production or related services to another supplier under contract;
(b) by a customer, a person or an alliance of customers, when buying agricultural products or food products, or receiving or providing related services, or a person who provides such purchase or related services to another customer under contract; the customer is also the State, the local authority, another legal person governed by public law or their association,
(c) an alliance between suppliers of groupings of persons resulting from a contract, other legal action or other legal fact which ensures cooperation between suppliers in connection with the production or sale of agricultural products or food products or the acceptance or provision of related services, or has been established for the purpose of such cooperation, whether or not the grouping has a legal personality;
(d) by alliances of customers of groups of persons arising from a contract, other legal action or other legal fact which ensures cooperation between customers in connection with the purchase of agricultural products or food products or the reception or provision of related services, or has been established for the purpose of such cooperation, whether or not the grouping has a legal personality;
(e) agricultural and food products, products listed in Annex I to the Treaty on the Functioning of the European Union, and products listed in this Annex but processed for use as food using the substances, products or goods listed in this Annex,
(f) agricultural and perishable products of agricultural or food products which, by their nature or at their stage of processing, could become unfit for sale within 30 days of harvesting, production or processing.
§ 3
Significant market power
(1) It has significant market power
(a) a customer whose annual turnover exceeds EUR 2 000 000 against a supplier whose annual turnover does not exceed EUR 2 000 000;
(b) a customer whose annual turnover exceeds EUR 10 000 000, against a supplier whose annual turnover exceeds EUR 2 000 000 but does not exceed EUR 10 000 000;
(c) a customer whose annual turnover exceeds EUR 50 000 000 against a supplier whose annual turnover exceeds EUR 10 000 000 000 but does not exceed EUR 50 000 000;
(d) a customer whose annual turnover exceeds EUR 150 000 000 against a supplier whose annual turnover exceeds EUR 50 000 000 000 but does not exceed EUR 150 000 000;
(e) a customer whose annual turnover exceeds EUR 350 000 000 against a supplier whose annual turnover exceeds EUR 150 000 000 000 but does not exceed EUR 350 000 000; or
(f) a customer to whom the State is a State, a territorial unit, another legal person governed by public law or an association thereof, against a supplier whose annual turnover does not exceed EUR 350 000 000.
(2) It also has significant market power
a) customer whose annual turnover in the Czech Republic exceeds 5 billion CZK,
b) a customer who is a controlled person whose annual turnover on the territory of the Czech Republic does not exceed CZK 5 billion if its turnover together with the turnover of the controlling person exceeds CZK 5 billion, or
c) a shopping alliance where the combined turnover of its members in the Czech Republic exceeds CZK 5 billion.
§ 3a
Annual turnover
(1) The annual turnover referred to in Article 3 is the annual turnover over the last completed financial year of 12 months.
(2) The calculation of the annual turnover of the customer or supplier shall be based on the annual turnover of the undertaking, the independent undertaking, the partner undertaking and the linked undertaking in accordance with Commission Recommendation 2003 / 361 / EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
(3) For the purposes of determining the method of calculating the annual turnover referred to in paragraph 1:
(a) any person carrying out an economic activity, irrespective of his legal form, by undertaking;
(b) an independent undertaking an undertaking which is not a partner undertaking as referred to in (c) or a linked undertaking as referred to in (d);
(c) partner undertakings all undertakings which are not linked undertakings as referred to in (d) and which have a relationship in which the parent undertaking itself or jointly with one or more linked undertakings owns a share or shares representing a share of the capital of a subsidiary of at least 25% or with which at least 25% of the voting rights of the subsidiary is associated; an undertaking shall be considered as independent even if investors reach or cross that threshold, unless they are individually or jointly linked to the undertaking concerned under point (d);
(d) linked undertakings are undertakings between which there is any of the following:
1. the undertaking is a member of another undertaking and the majority of voting rights are attached to its share or shares in that other undertaking;
2. the undertaking has the right to appoint or withdraw a majority of the members of the administrative, management or supervisory body of another undertaking;
3. the undertaking has the right to exercise decisive influence in another undertaking under a contract concluded with that undertaking or under provisions in the founding act; or
4. an undertaking which is a member of another undertaking may assert a decisive influence in that other undertaking by exercising a majority of the voting rights in that undertaking as a result of negotiations with other members;
investors shall be deemed not to exercise a decisive influence if they are not directly or indirectly involved in the management of the undertaking, without prejudice to their rights as members; undertakings whose relationships are made through one or more other undertakings or through one of the investors referred to in point (e) shall also be considered as linked undertakings; undertakings having one or more of those relationships through a natural person or through a group of natural persons acting in agreement shall be considered as connected undertakings if they carry out their activity or part of their activity on the same market or on markets immediately downstream or prior;
(e) by an investor
1. a public investment company, a venture capital company, an individual or group of individuals engaged in a normal venture capital investment activity investing equity capital in unlisted undertakings, provided that their total investment in the same undertaking does not exceed EUR 1 250 000;
2. university or non-profit research centre;
3. an institutional investor, including regional development funds; or
4. a municipality with an annual budget of less than EUR 10 million and less than 5 000 inhabitants.
(4) The annual turnover of the supplier or buyer alliance shall be the sum of the annual turnover of all alliance members.
(5) The annual turnover shall be determined as the sum of the sales made by the undertaking during the 12-month accounting year from the sale of products and services and for the sale of goods ("sales'). The annual turnover does not include value added tax.
(6) For the purpose of determining the annual turnover of an undertaking in an uncompleted financial year, the annual turnover for the last financial year ended shall be that of 12 months immediately preceding the uncompleted accounting year.
(7) In the case of newly created enterprises with an uncompleted accounting period of 12 months, the data used for the calculation shall be derived from estimates made in good faith following the results of the activity in the uncompleted accounting period.
(8) In the case of foreign undertakings, the annual turnover shall be determined from the accounts or similar financial statements processed by undertakings under foreign law. For the calculation, the data best suited to the calculation referred to in paragraph 5 shall be used. If such data are not available, the annual turnover may be determined by other appropriate means, including estimates.
(9) The annual turnover of an independent undertaking shall be determined solely on the basis of the sales of that undertaking.
(10) The annual turnover of partner or interconnected undertakings shall be determined on the basis of the financial statements and other data of all partner or interconnected undertakings or on the basis of consolidated financial statements, if any.
(11) In the case of partner undertakings, the annual turnover of the undertaking shall be increased by the annual turnover of each partner undertaking in proportion to the percentage of the capital or voting rights, depending on which of the values is higher. For mutual ownership, a higher percentage is determined.
(12) In the case of linked undertakings, the annual turnover of the undertaking shall be increased by 100% of the annual turnover of each undertaking which is directly or indirectly linked to the undertaking.
(13) The foreign exchange market rate declared by the Czech National Bank on the last day of the accounting year to which the annual turnover relates shall be used for the purposes of the conversion of currencies.
(14) When negotiating a contract pursuant to Article 3b, the collector and the supplier shall, at the request of the other Party, provide each other with information on their annual turnover. The State, the territorial unit, another legal person governed by public law or their association shall not provide the information referred to in the first sentence.
§ 3b
Form and formalities of the contract
(1) A contract between a customer with significant market power and a supplier whose object is the purchase, sale, processing or distribution of agricultural products or food products, or the receipt or provision of related services, or the brokering of any of these activities, requires a written form, must be concluded before the supply or processing of agricultural products or food products or the acceptance or provision of related services and must also include:
(a) the price, the amount of the discount on the price or the way in which it is determined, where provided, the method of payment of the price and the time limit for payment of the price, which may not exceed 30 days from the date of receipt of the invoice; Paragraph 1964 of the Civil Code shall apply mutatis mutandis,
(b) if the purchase, the purchase and the determination of the quantity for the period specified or the determination of the quantity of each supply of the purchase;
(c) the specification of the related service, if agreed, which is accepted or provided in terms of subject and scope, including the price for or the method of determining the service, the method of payment, the maturity of the service and the cost estimate and the basis on which the customer with significant market power has reached such an estimate; and
(d) the specification of the buying-in action, if agreed, the estimated quantity of agricultural products or food products covered by the buying-in action, including the purchase price for those products or products and the duration of the buying-in action.
(2) The SMP collector shall transmit to the supplier at least one copy immediately after the conclusion of the contract.
(3) Selector with significant market power and supplier may negotiate a maturity period longer than that referred to in paragraph 1 (a) where:
(a) agree on provisions on value-sharing within the meaning of Article 172a of Regulation (EU) No 1308 / 2013;
(b) the payment made by the supplier in the framework of a school project pursuant to Article 23 of Regulation (EU) No 1308 / 2013;
(c) is a payment made by a public law legal person providing health services; or
(d) it is a payment made under a supply contract between a grape supplier or partially fermented grape must for the production of wine and its direct customer with significant market power, provided that:
1. the specific payment terms relating to sales are contained in the model contracts which have been made binding by the Member State in accordance with Article 164 of Regulation (EU) No 1308 / 2013 before 1 January 2019, provided that the validity of this extension of the scope of the model contracts is renewed by the Member States from that date without any significant change in the payment terms to the detriment of suppliers of grapes or partially fermented grape must; and
2. contracts between suppliers of grapes or partially fermented grape must for the production of wine and their direct customers with significant market power shall be concluded for a period of more than 1 year or shall last for more than 1 year.
§ 4
Unfair commercial practices
(1) Unfair commercial practices between customers with significant market power and suppliers are prohibited.
(2) The unfair commercial practice of a customer with significant market power is
(a) the negotiation or application of contractual terms which create a significant imbalance in the rights and obligations of the Contracting Parties to the detriment of the supplier;
(b) the application or acquisition of payment, discount or other performance, the amount, object and extent of which has not been agreed in writing prior to the start of the supply or processing of agricultural products or food products or by the provision of related services to which payment, discount or other performance relates or no reasonable remuneration has been paid for such payment, discount or other performance;
(c) unequal treatment of a supplier consisting of the negotiation or application of different contractual conditions for the purchase or sale of agricultural products or food products or for the provision of related services in comparable transactions, without a fair reason;
(d) arbitrary modification of the contractual terms and conditions for the purchase or sale of agricultural products or food products relating to the frequency, manner, place, timing or quantity of individual supplies, quality standards, payment terms or prices or conditions of the related services provided, as well as arrangements enabling such amendment;
(e) the tying of consent to the conclusion of a contract for the purchase or sale of agricultural products or food products or the provision of related services on the condition of the purchase of further supplies;
(f) non-compliance with the written form of the contract or non-compliance with the mandatory requirements of the contract pursuant to Article 3b (1) or (3), or non-transmission of one copy of the contract to the supplier pursuant to Article 3b (2);
(g) requiring payment or other transactions not related to the purchase or sale of agricultural products or food products or to the provision of related services, or which are disproportionate to the value of the services provided;
(h) a threat or the application of retaliation measures where the supplier of a customer with significant market power makes use of his contractual or legal rights;
(i) the unauthorised acquisition, use or disclosure of the supplier's business secrets by a customer with significant market power;
(j) the negotiation or application of a price condition whereby the tax document to cover the price for the purchase or sale of agricultural products or food products or the provision of related services does not include the final amount of the price after any discounts agreed on that price, except for pre-agreed quantitative discounts;
(k) the negotiation or application of the payment deadline for the purchase or sale of agricultural products or food products longer than that referred to in Article 3b (1) (a);
(l) the conclusion or application of a penalty compensation imposed by the supervisory authority on customers with significant market power from the supplier without the supplier causing the imposition of a penalty by violating its obligation;
(m) carrying out an audit or other form of control of the supplier by a customer with significant market power or by persons authorised by him, including requiring analyses of agricultural products or food products at the expense of the supplier;
(n) the conclusion or application of payment or other performance for deterioration or loss of agricultural products or food products which have not been caused by a breach of the obligations of the supplier, after having taken over or transferred ownership of an agricultural product or a food product by a customer with significant market power,
(o) cancellation of an order for agricultural or perishable food products in less than 30 days before the date of delivery;
(p) the conclusion or application of compensation for the costs of investigating a consumer's complaint concerning agricultural products or food products, without any misconduct by the supplier;
(q) the negotiation or exercise of the right to return purchased agricultural products or food products, without paying a customer with significant market power for or for the disposal of agricultural products or food products,
(r) the negotiation or application of payment or other performance for the placing on the market of agricultural products or food products, including the negotiation or application of payment or other performance for the storage of agricultural products or food products, their inclusion in, or making available on the market;
(s) the conclusion or application of payment or other performance for the construction or technological adaptation of premises for the sale of agricultural products or food products;
(t) false indication of the country or place of origin of agricultural products or of food products or of the country or place of origin of one or more ingredients of an agricultural product or of a food product which accounts for more than 50% of that product or product;
(u) a requirement that the supplier pay in whole or in part the cost of discounts on agricultural products or food products sold by the customer in the framework of the promotion action of the customer, unless the customer has specified a period before the start of the promotion action and indicates the estimated quantity of products to be ordered at a discount; or
(v) making supplies conditional on the use of third party services, the conditions and price of which shall be determined by the customer.
(3) Where, before the start of the supply of agricultural products or food products or the provision of related services, the conditions for their supply or provision have not been agreed in writing, the unfair commercial practice of a customer with significant market power shall also be considered to be:
(a) the conclusion or application of a payment or other payment for the total or partial reimbursement of the costs of the discount on agricultural products or food products sold by the customer in the framework of the promotion;
(b) the conclusion or application of payment or other performance for advertising on agricultural or food products provided by the customer; or
(c) the negotiation or application of payment or other performance for personnel ensuring that the premises for the sale of agricultural products or food products are adapted.
§ 5
Supervision of compliance
(1) The Office for the Protection of Competition (hereinafter referred to as the Office) is responsible for overseeing compliance with the law.
(2) The Office shall issue an annual report on its activities under this Act and publish it accordingly. The annual report shall include, in particular, the number of complaints received, the number of administrative proceedings initiated and the number of administrative proceedings completed, including a description of the case and the outcome of the proceedings. The Authority shall send the annual report to the European Commission by 15 March each year.
§ 5a
Sector investigation
(1) In cases where the market situation is indicative of the use of unfair commercial practices, the Office shall conduct market investigations and relations between customers and suppliers (hereinafter referred to as "sectoral investigation") and report on the results of the investigation, in particular the recommendations of the practice procedure.
(2) In carrying out the sectoral investigation referred to in paragraph 1, the Office shall apply mutatis mutandis in accordance with Article 21c, 21e, 21f and 21g of the Competition Act. The Authority may initiate an ex officio procedure on the basis of the facts established in the course of the sectoral investigation.
(3) The Office shall provide the price authority, on request, with the information obtained in carrying out the sectoral investigation referred to in paragraph 1 for the purpose of assessing the development, regulation and control of prices under the Price Act.
§ 6
(1) If the Office finds, on its own initiative, that an infringement of this law has taken place, it shall state that fact in the decision and shall, by this decision, prohibit such conduct for the future.
(2) The Office shall publish its final decisions issued under this Law on its website.
(3) Instead of the decision referred to in paragraph 1, The Office may decide to terminate the proceedings on condition that the party to the proceedings of the Office has proposed commitments the fulfilment of which has been remedied and that the infringement has not been classified as serious by the Office. In the operative part of the decision to terminate the procedure, it shall indicate those commitments and may also lay down the conditions and obligations necessary to ensure that those commitments are fulfilled. If the Office does not decide to terminate the proceedings, it shall inform the party in writing of the reasons and continue the proceedings.
(4) The parties to proceedings may propose in writing the commitments referred to in paragraph 3 to the Office no later than 15 days from the date on which the Office delivered to it a written notification, in which the Office shall communicate the essential facts of the case, their legal assessment and the references to the main evidence thereof contained in the file (hereinafter referred to as "the notice of reservations'). A party to proceedings shall be bound by its proposal against the Office or, where appropriate, against third parties, and may not, from the submission of the application to the Office's decision referred to in paragraph 3, proceed in the manner which is the subject of a communication of the Office's reservations.
(5) Upon termination of the procedure referred to in paragraph 3, the Office may reopen the procedure referred to in paragraph 1 if:
(a) the conditions applicable to the decision referred to in paragraph 3 have changed substantially;
(b) the party to proceedings is acting in breach of his obligations under paragraph 3; or
(c) the decision referred to in paragraph 3 shall be made on the basis of false or incomplete evidence, data and information.
§ 6a
Where a breach of the prohibition provided for in Paragraph 4 is found, the Authority may decide to impose corrective measures to remedy the defect and to set a reasonable time limit for its fulfilment.
§ 7
(1) The provisions of the Law on the Protection of Competition shall apply mutatis mutandis to the exercise of supervision and proceedings by the Office under this Law and to its investigative powers.
(2) The legislation on checks (6) shall not apply to the action of the Office under this Act. Paragraph 38 (6) of the first part of the sentence after the central administrative order does not apply.
§ 8
Transfers of legal persons and business natural persons
(1) A collector with significant market power commits an infringement by:
(a) apply unfair commercial practice pursuant to Article 4 (2) and (3);
(b) fails to fulfil an obligation under Article 6 (3), or
(c) fails to comply with the remedies imposed by the Office pursuant to Paragraph 6a or any other obligation laid down by the Office's decision.
(2) A natural person, legal or business, commits an offence by:
(a) breach the seal placed in the course of an investigation under this Act; or
(b) in contravention of this law, it shall not provide the Office with complete, correct and true supporting documents or information, including trade books, other commercial records or other records which may be relevant to the purpose of the proceedings.
(3) A fine of up to CZK 10 000 000 or 10% of the net turnover of a customer with significant market power for the last completed financial year of 12 months shall be imposed for the offence referred to in paragraph 1 and a fine of up to CZK 300 000 or 1% of the net turnover of that person for the last completed financial year of 12 months shall be imposed for the offence referred to in paragraph 2.
(4) Where the fine referred to in paragraph 3 is imposed:
(a) a customer with significant market power who is a controlled person shall be counted on the total net turnover of the controlled and controlling persons over the last completed financial year of 12 months; or
(b) an alliance of customers or its members shall be calculated on the basis of the total net turnover achieved by its members over the last completed financial year of 12 months.
(5) Where a fine is imposed on an alliance of customers or its members, each member shall be liable for payment of the fine imposed up to 10% of its net turnover for the last completed financial year of 12 months.
(6) Where the Office recognises customers with significant market power guilty of an infringement pursuant to Article 8 (1), it shall reduce the amount of the fine which it has informed the parties in the notice of reservations by 20% if the customer with significant market power has admitted to commit the infringement and if the Office considers that, in view of the nature and gravity of the infringement, such a penalty is sufficient.
§ 9
Common provisions on infringements
(1) The Office shall discuss transfers under this law. For this purpose, the Office shall adopt initiatives. The Office shall, after preliminary examination of the case, inform the complainant that it has initiated the procedure or that it has found no grounds for initiating the procedure on its own initiative.
(2) Where a person provides confidential information and documents to the Office for an infringement (hereinafter referred to as "confidential information"), he shall have the right to secrecy of his identity in connection with such documents, before, after, after, after, the initiation and termination of the proceedings, if his identity could be jeopardised or damaged by his legitimate interests and requests identity secrecy at the same time as the disclosure of confidential information; a request for confidentiality of identity must be justified and excluded from access to the file. The Office shall decide on a request for identity secrecy by a resolution. The identity of such a person shall also be kept secret in calls and communications which the Office shall send to that person in connection with such confidential information; such calls to the Office shall be excluded from the inspection of the file by the date of expiry of the period for providing information and supporting documents. The supporting documents and information provided by the person whose identity has been kept secret shall be excluded from consultation of the file pending the publication of the notice of reservations. The Office shall, after the communication has been issued, allow the persons authorised to consult the file to be aware of such documents and information only in a form which does not undermine the purpose of the confidentiality of the identity of the person who provided the documents and the protection of business secrets. The defendant's identity cannot be kept secret.
(3) The Office, without initiating infringement proceedings under this law, may, after preliminary examination, postpone the case by a resolution if, in view of the importance and the degree of breach or threat to the protected interest which has been affected by the proceedings, the manner in which the conduct of the proceedings, the consequences thereof, the circumstances in which the conduct was committed, or the conduct of the suspect following the hearing makes it clear that the purpose which could be achieved by the conduct of the infringement proceedings has been achieved or can be otherwise achieved.
(4) The Office shall deliver a statement of reservations to the defendant before the decision is taken. In the notice of reservations, the Office shall set a reasonable time limit within which the defendant may acquaint himself with the documents for the communication of reservations and propose the addition of evidence; This period shall not be less than 14 days and shall begin to run from the date of receipt of the notice of reservations. The period referred to in the second sentence may be extended only in cases of special consideration. The later mentioned facts and evidence shall not be taken into account; This does not apply if it is a fact or evidence that the participant could not have applied earlier.
(5) At least one authorised official involved in the infringement proceedings conducted by the Office at each stage must have at least a university degree in the master's study programme in the field of higher education. The provisions of the law governing infringement procedures relating to the training requirements of authorised officials shall not apply to infringement proceedings which the competent authority is responsible for under this law.
(6) On the application of the Office under this Act, the provisions of Sections 16, 17, 26, 35 (a) and (d), 42, 45, 48, 49, 51 (b), 53, 54, 68 (b) and (c), 70, 71, 76 (1) (l), 76 (5), 79, 80 (2) and 3 (87), 89, 93 (1) (d), (f), (g) and (h), 93 (3), 94, 95 (3), 96 (1) (b), 87, 89, 93 (1) (2) and 99 (2) of the Act on the Liability of Transfers and Proceedings do not apply.
(7) If the defendant continues the hearing for which the proceedings for continued, persistent or collective infringement are initiated under this law, even after the opening of the proceedings, the hearing shall be considered to be a single act pending the notification of the reservations.
§ 9a
Limitation period, status and interruption of limitation period
(1) The limitation period for an infringement pursuant to Article 8 (1) shall be 10 years.
(2) The limitation period referred to in Article 8 (2) (a) and (b) is 3 years. Paragraph 4 (d) shall not apply.
(3) In addition, the duration of proceedings in connection with proceedings in the case of an infringement before a court of administrative justice shall not be counted until the limitation period.
(4) The limitation period shall be interrupted:
(a) a notice of initiation of an infringement procedure;
(b) by issuing a notice of reservations,
(c) by issuing a decision recognising the accused as guilty,
(d) at the time the case is referred to the supervisory authority of another Member State of the European Union.
(5) By interrupting the limitation period the new limitation period begins.
(6) If the limitation period has been interrupted, the liability for the offence shall cease no later than 14 years after the offence has been committed and the liability for the offences referred to in paragraph 2 shall cease no later than 5 years after the offence has been committed. That period shall be extended by the period referred to in paragraph 3.
§ 10
Order fine
(1) An order fine of up to CZK 300 000 or 1% of the net turnover achieved by the latter during the last completed financial year may be imposed on a legal or commercial person who, contrary to this law, does not provide the Office with the necessary synergies in carrying out the investigation.
(2) Order fines may also be imposed repeatedly. The total amount of repeatedly imposed fines may not exceed CZK 10 000 000 or 10% of the net turnover achieved by a legal or natural person during the last completed financial year of 12 months.
§ 10a
International cooperation
(1) The Authority shall provide the supervisory authority of another Member State of the European Union or of the European Commission with synergies in the investigation or proceedings concerning unfair commercial practices conducted to enforce rules preventing the use of unfair commercial practices. In providing synergies, the Office shall act in a similar manner as in exercising supervision under this Act.
(2) The Authority shall cooperate with the supervisory authorities of the Member States in order to discuss and harmonise the procedures for rules preventing the use of unfair commercial practices.
§ 10b
Silence
A person in a service, employment or other similar relationship on the basis of which he or she carries out an activity for the Office in which he / she becomes aware of the facts constituting the subject of the trade secret, the identity of the classified person or the confidential information shall be obliged to remain confidential about them, even after the termination of that relationship.
§ 11
That law shall take effect on the first day of the third calendar month following its publication.
Wolf
Fischer v. r.
(1) Directive (EU) 2019 / 633 of the European Parliament and of the Council of 17 April 2019 on unfair commercial practices between undertakings in the agricultural and food chain.
5) § 21e (1) or § 21f (3) of Act No. 143 / 2001 Coll.
6) Act No. 255 / 2012 Coll., Control Regulations.

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Regulation Information

CitationAct No 395 / 2009 Coll., on significant market power and unfair commercial practices in the sale of agricultural and food products
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation13.11.2009
Effective from01.02.2010
Effective until-
Status Valid
The regulation text is for informational purposes only.
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