Emergency Measures and State of Emergency in Czech Republic. Status and Legal Questions

 


 

State of emergency in the Czech Republic

 
On March 12, 2020, a 30-day state of emergency for the Czech Republic was announced in the form of a decision of the Government of the Czech Republic. The reason for this are health threats in connection with the detection of the Coronavirus / SARS CoV-2. The declaration of the state of emergency took place in the Czech Collection of Laws on 12 March 2020 in the form of a Resolution of the Government of the Czech Republic to declare a state of emergency for the Czech Republic due to the health risk related to demonstrating the incidence of coronavirus / known as SARS CoV-2 / the Czech Republic for the period from 14.00 hours on 12 March 2020 for 30 days. The rights of the Government of the Czech Republic for the duration of the emergency can be found in the Czech Act No. 240/2000 Coll. on crisis management and changes to certain laws.
 
Breach of obligations imposed on the basis of the Czech Act on Crisis Management may be penalized for natural persons in relation to its seriousness as an offense with a fine of up to CZK 20,000, CZK 50,000, CZK 100,000 and max. CZK 2,000,000 and legal entities and natural persons doing business up to CZK 3,000,000.
 

Emergency measures adopted by the Government of the Czech Republic

 
The Government of the Czech Republic is entitled to adopt various emergency measures based on the state of emergency. What is the current status of emergency measures adopted by the Government of the Czech Republic.
 

Prolongation of emergency measures from March 24, 2020 until April 1, 2020

 
The current emergency measures were extended until April 1, 2020 6 a.m. and re-adjusted again.
 

Closure of stores with exceptions – food, drug, fuel etc. prolonged until April, 1 2020 6 a.m.

 
On March 23, 2020 Government of the Czech Republic published Resolution No. 280, which took note of an emergency measure of the Ministry of Health of March 23, 2020, regarding restriction of retail sales with specific exceptions, until April 1, 2020 6 a.m. . Emergency measure of the Ministry of Health dated March 23, 2020 on restriction of retail sales imposed with effect from March 24, 2020 6 a.m. until April 1, 2020, 6 a.m. the following restrictions whereby it was replaced on March 26, 2020 by the Emergency Measure of the Ministry of Health of March 26, 2020 on Restriction of Retail Sales and other activities with exceptions, for the period from March, 27 2020, 6 a.m. to April, 1, 2020 6 a.m.:
 
1. prohibits the retail sale and sale of services in stores, with the exception of the following:
 
- food,
- fuel,
- sanitary ware, cosmetics and other dry goods,
- pharmacies, dispensaries and medical outlets,
- small domestic animals,
- animal food and other supplies,
- glasses, contact lenses and related goods,
- newspapers and magazines,
- tobacco products,
- laundry and dry-cleaning services,
- repair of road vehicles where there are not more than 30 persons at the same time in the establishment,
- towing and troubleshooting of vehicles in road traffic,
- sale of spare parts for means of transport and production technologies,
- establishments allowing the collection of goods and consignments from a third party,
- sale of gardening supplies including seed and seedlings,
- ticket sales,
- spa facilities where only spa services covered at least in part by public health insurance are provided,
- operation of a funeral service,
- flower shop,
- construction and dismantling of buildings, design activities in construction, geological work, surveying, testing, measurement and analysis in construction,
- sale of textile material and haberdashery,
- servicing of computer and telecommunications equipment, audio and video receivers, consumer electronics, appliances and other household products,
- real estate brokerage and accounting advisors, bookkeeping, tax records,
- locksmithing and servicing of other household products,
- repair, maintenance and installation of household machinery and equipment,
- operation of burial sites, carrying out embalming and preservation, cremation of human remains or remains, including the storage of human remains in the ballot box,
- car washes,
 
where the sale of those goods or services represents a major part of the business of that store. This prohibition does not apply to activities that are not trades under the Trade Licensing Act.
 
2. prohibits the presence of the public in catering establishments, with the exception of establishments not serving the public (e.g. occupational catering, catering for health and social service providers, prisons); this prohibition does not apply to off-premises sales (such as fast food outlets with a dispensing window, or takeaway food without entering the establishment), which may take place without time limit.
 
3. prohibits the sale in catering establishments located within shopping centers with a sales area exceeding 5 000 m2.
 
4. orders that the sale of unpackaged bread shall only be allowed subject to the following conditions:
- it is ensured that there is no crowding at the bagel collection point,
- the point of sale is equipped with personal hygiene aids.
 
5. Instructs self-service retailers to provide disposable gloves free of charge to customers at each entrance to such a food store. Orders that the sale of unpackaged bread shall only be allowed subject to the following conditions:
- it is ensured that there is no crowding at the bagel collection point,
- the point of sale is equipped with personal hygiene aids.
 
6. prohibits
 
- gambling and casino operation, driving school operation,
- taxi operation, with the exception of taxis delivering foodstuffs or persons authorized by a taxi driver,
- operation of self-service laundries and dry cleaners,
- public presence in building shops, construction products and hobby markets,
- public presence in service providers premises - indoor and outdoor sports grounds.
 
7. prohibits the sale of accommodation services, with the exception of persons providing accommodation in hostels, spa and school accommodation. This prohibition does not apply to the sale and provision of accommodation services to foreigners until they leave the Czech Republic and to foreigners with a work permit in the Czech Republic.
 
Emergency measure of the Ministry of Health dated March 23, 2020 on the allocation of sales time for seniors imposes, with effect from March, 25 2020 the following restrictions:
 
1. All persons are prohibited from being present in retail outlets of groceries, sanitary goods, cosmetics and other dry goods, with a sales area of more than 500 m2, between 8:00 am and 10:00 a.m, and except:
- persons over 65 years of age, including the necessary escorts,
- persons holding a ZTP / P card older than 50 years, including the necessary escorts,
employees or persons in similar proportions of nursing homes; and
- the owners and employees of the shop operator or similar persons.
 
2. All entrepreneurs running a retail store of food, hygiene, cosmetics or other dry goods, with a sales area not exceeding 500 m2, are instructed to give preference to persons over 65 years of age and persons holding a ZTP / P , senior 50 years.
 

Original terms of the closure of stores with exceptions – food, drug, fuel etc. from March 14, 2020, 6 a.m. to March 24, 2020 6 a.m., as amended on March 15, 202

 
On March 14, 2020, the Government of the Czech Republic published a resolution No. 211 on the adoption of a crisis measure concerning ban on retail store operations in the Czech Republic with specific exceptions. The Government of the Czech Republic prohibited from March 14, 2020, 6 a.m. to March 24, 2020 6 a.m.:
 
I. the retail sale and sale of services in retail stores, with the exception of the following: - food, - computer and telecommunications equipment, audio and video receivers, consumer electronics, appliances and other household products, - fuels, - sanitary goods, cosmetics and other dry goods, - pharmacies and dispensaries of medical devices, - small pets, - feed and other goods for animals, - glasses, contact lenses and related goods, - newspapers and magazines, - tobacco products, - laundry and dry-cleaning services, - sales via the Internet and other remote means, subject the above mentioned goods and services being predominantly sold or offered at a given location;
 
II. Public presence in catering establishments, with the exception of establishments not serving the public (e.g. occupational catering, catering of health and social service providers, prisons); this prohibition does not apply to off-premises sales (such as fast-food outlets with a pick-up window or takeaway food without entering the establishment), which may take place without time limit;
 
III. Sales of catering establishments located within shopping centers with a sales area exceeding 5,000 m2,
 
IV. Operation of gambling rooms and casinos pursuant to Czech Act No. 186/2016 Coll., on Gambling, as amended.
 
On March 15, 2020, the Czech government decided that, in addition to the abovementioned, also the car repair shops, shops with supplies for gardening, ticket shops, florists, shops with health supplies, fabric stores and haberdashery can be opened and provide their services: Resolution of the Government of the Czech Republic from March 16, 2020 No. 238 on adoption of the emergency measure, published in the Czech Collection of laws under No. 96/2020 and Resolution of the Government of the Czech Republic from March 15, 2020 No. 214 on adoption of the emergency measure, published in the Czech Collection of laws under No. 84/2020.
 
Original terms of exclusivity for shopping for persons over 65 years in retail food stores between 10 a.m. and 12 p.m. starting from March 19, 2020. On March 18, 2020, the Government of the Czech Republic decided in its Resolution No. 249, on emergency measure, that effective from March 19, 2020, it is prohibited to all persons to be present in retail food stores between 10 a.m. and 12 p.m., except those persons who are over the 65 years of age and the store staff and the persons in the similar position as the staff members.
 

Restriction on free movement within the Czech Republic prolonged until April 1, 2020 6 a.m. and modifications

 
On March 23, 2020 the Government of the Czech Republic published Resolution No. 279, which took note of the emergency measure of the Ministry of Health dated March 23, 2020, ref. MZDR 12745 / 2020-1, extending the restriction of the free movement of persons with exceptions and movement in publicly accessible places and restrictions on contacts until April 1, 2020 6:00 a.m.. The Emergency Measure of the Ministry of Health dated March 23, 2020 on the restriction of the free movement of persons, with the exception of exceptions, which ordered the restriction of movement in publicly accessible places and the restriction of contacts imposes with the effect from March 24, 2020 6 a.m. until April 1, 2020 6 a.m. the following restrictions:
 
1. prohibits the free movement of persons throughout the Czech Republic, with the exception of:
 
(a) travel to work and to the pursuit of a business or other similar activity,
(b) the necessary journeys to family or close relatives;
(c) journeys necessary for the provision of essential necessities of life (eg the purchase of food, medicines and medical devices, hygiene goods, cosmetics and other dry goods, animal feed and other supplies), including the needs of relatives and loved ones; ensuring animal welfare, using the necessary financial and postal services, refueling,
(d) journeys necessary to meet the needs and services referred to in point (c) for another person (eg volunteering, neighborhood assistance);
(e) travel to health and social care facilities, including the provision of necessary escorts for relatives and relatives, and veterinary care facilities;
(f) journeys to deal with urgent official matters, including the necessary escort of relatives and relatives;
(g) the pursuit of the profession or of the reinsurance activities
1. security, internal order and crisis management,
2. health protection, health or social care provision, including volunteering;
3. individual spiritual care and services;
4. public transport and other infrastructures,
5. services to the population, including supply and distribution services,
6. veterinary care,
h) stay in nature or parks,
i) travel back to their place of residence;
j) funerals.
 
2. orders:
 
a) persons residing on the territory of the Czech Republic to restrict movement in publicly accessible places to the necessary time and to stay in their place of residence, except in the cases referred to in point 1 (a); a) to j),
(b) to limit contacts with other persons to the extent necessary;
(c) to remain in publicly accessible places for a maximum of two persons, except for household members, professional activities, business or other similar activities, attendance at a funeral, and maintain a distance of at least 2 meters when contacting other persons.
 

Original restrictions on free movement within the Czech Republic starting from March 16, 2020

 
Starting from midnight March 16, 2020, the Government of the Czech Republic banned by its Resolution No. 215 on adoption of the emergency measure, which published in the Czech Collection of laws under No. 85/2020 on March 15, 2020 the free movement of all persons currently residing in the Czech Republic. In accordance with this resolution all persons in Czech Republic are obliged to stay at home and limit their contact with other persons to the necessary minimum. The resolution prohibits the free movement of persons throughout the Czech Republic, except for:
 
(a) travel to work and to the pursuit of a business or other similar activity;
 
(b) the necessary journeys to family or close relatives;
 
(c) journeys necessary for the provision of essential necessities of life (e.g. purchase of food, medicines and medical supplies, products, hygiene goods, cosmetics and other dry goods, feedstuffs and others needs for animals), including the needs of relatives and relatives, providing childcare, care o animals, use of necessary financial and postal services, refueling;
 
(d) journeys necessary to meet the needs and services referred to in point (c) for another person (eg volunteering, neighborhood assistance);
 
(e) travel to health and social care facilities, including the provision of necessary escorts relatives and relatives and veterinary care facilities;
 
(f) journeys to deal with urgent official matters, including the necessary escorts relatives and relatives;
 
(g) the exercise of the profession or of the reinsurance activities:
1. security, internal order and crisis management,
2. health protection, health or social care provision, including volunteering;
3. individual spiritual care and services;
4. public transport and other infrastructures,
5. services to the population, including supply and distribution services,
6. veterinary care,
h) stay in nature or parks,
 
(i) travel back to their place of residence;
 
(j) funerals;
 
Starting from March 18, 2020 in accordance with the Government Resolution No. 247 the movement of the cross-border workers (penders) within the territory of the Czech Republic is restricted only to the necessary needs and the above exceptions as described below do not apply to the penders:
 
(b) i.e. the necessary trips to family or close relatives;
 
(d) i.e. the journeys necessary to meet the needs and services referred to in point (c)) for another person (e.g. volunteering, neighborhood assistance);
 
(f) with regard to the second part of the sentence (travel to deal with urgent official matters, including detention) necessary escorts of relatives and relatives);
 
(h) i.e. stay in nature or park.
 
Starting from March 18, 2020 in accordance with the Resolution of Government of the Czech Republic No. 247 the cross-border workers also do have to undergo a control of the signs of an infectious disease and, if signs of an infectious condition are found to provide the necessary assistance to healthcare professionals in performing biological sampling sample to detect the presence of COVID-19 when crossing the border of Czech Republic.
 
The Government of the Czech Republic also imposed all persons residing currently in the Czech Republic an obligation to restrict their movement and time spent in public places only to the time strictly necessary and to stay at their homes, except in the above cases. It is also recommended to keep the distance of at least 2 meters from other persons, if possible, when spending time in the public places, and to use the contactless payment methods.
 
The Government of the Czech Republic further recommended to all employers to use the possibilities of home-office or other ways of work outside of the employee’s workplace in the maximum extent, and to promote the possibilities of paid leave, and to suspend all activities, that are not strictly necessary for each employer.
 

Requirement to use protection equipment covering nose and mouth in Czech Republic starting from March 19, 2020

 
On March 18, 2020, the Czech goverment passed the Resolution No. 247, on emergency measure on use of protection equipment covering nose and mouth in Czech Republic starting from March 19, 2020, which orders all persons to use the protection equipment over their nose and their mounth, whenever they are outside of their homes. Protection equipment include drapes, respirators, face masks, scarves, scarfs or other equipment, that can prevent the spread of droplets.
 
In addition the Government of the Czech Republic also recommended in its Resolution from March 16, 2020 No. 240, that people over 70 years shall stay at home completely.
 

Closure of sport, leisure and cultural facilities starting from March 14, 2020, 6 a.m.

 
On March 14, 2020, the Government of the Czech Republic published a resolution No. 208 on the adoption of a crisis measure concerning closure of sport and leisure facilities in the Czech Republic. The Government of the Czech Republic prohibited from March 14, 2020, 6 a.m.
 
- public presence in service provider premises - swimming pools and tourist information centers, indoor and outdoor sports facilities with participation of more than 30 people at the same time, and retail sales at markets and markets (eg SAPA).
 
- operation of all restaurants, pubs, bars and similar facilities; the exception was granted for the canteen catering for the employees. Fast foods and other restaurants can continue to operate even after new anti-coronavirus measures, if they are serving the food through the dispensing window, so the customers do not have to enter their establishment directly;
 
- sale of accommodation services, which includes hotels and also the accommodation provided via Airbnb, or similar on-line platforms (Resolution of the Government of the Czech Republic from March 16, 2020 No. 241 on adoption of the emergency measure, published in the Czech Collection of laws under No. 99/2020);
 
- operation of driving schools, taxi and similar services, with the exception of those delivering food. Licensed taxi is allowed, "shared" taxi services, i.e. Uber, Bolt etc. is banned;
 
- organization of cultural, social and similar event, where there is more than 30 participants; theatres, cinemas, galleries, libraries and similar cultural facilities are closed;
 
- visits to prisons; prisoners shall be allowed to more calls with their relatives (Resolution of the Government of the Czech Republic from March 13, 2020 No. 204 on adoption of the emergency measure, published in the Czech Collection of laws under No. 77/2020).
 
The Czech banks and post offices are opened and operate as usual. However, the Government of the Czech Republic recommended their operators to raise the hygienical supplies in their establishments, such as hand sanitizers, masks for employees etc. It is also recommended to ensure, that all clients in the establishment are able to keep the safe distance of 2 meters from other clients.
 

Notification and precautionary obligations imposed from March 13, 2020, 12 a.m.

 
On March 13, 2020, the Government of the Czech Republic published a resolution No. 209 on the adoption of a crisis measure concerning notification and pre-cautionary measures in the Czech Republic. The Government of the Czech Republic imposed from March 13, 2020, 12 a.m. the following obligations:
 
1. All citizens of the Czech Republic and foreigners with temporary or permanent residence in the Czech Republic residing in the Czech Republic for more than 90 days, or if they are employed in the Czech Republic, who will return from their stay in the risk areas pursuant to Resolution No. 198 of Government of the Czech Republic of 12 March 2020 appoints the Minister of Health to the Czech Republic to notify this fact immediately after returning to the Czech Republic, by telephone or other remote access, to their registering provider of health services in the field of general practical medicine or general practitioner for children and adolescents or, if they do not have a registering provider, to any provider in the field of general practitioner or general practitioner for children and adolescents. This obligation does not apply to persons who are exempted by the Minister of the Interior pursuant to Government Decisions No. 198 of 12 March 2020 and No. 203 of 13 March 2020;
 
2. All health service providers in the field of General Practice Medicine or Practical Medicine for Children and Adolescents, in the case of persons with temporary and permanent residence in the Czech Republic residing in the Czech Republic for more than 90 days or if they are employed in the Czech Republic from the effective date of this Resolution, the Government of the Czech Republicshall return to the Czech Republic from the stay in the areas of risk areas, which pursuant to the Resolution No. 198 of the Government of the Czech Republic of 12 March 2020 stipulates by the Minister of Health, to the Czech Republic. a) of Act No. 258/2000 Coll. 14 days;
 
3. All persons not subject to the obligation set out in point 1 to notify immediately, in the event of any symptoms of influenza, this fact, by telephone or other remote access, to their registering medical service provider in the field of general medical practice or registering provider, then any general practitioner;
 
4. All truck drivers, bus drivers, transport crews, drivers, train crews and chauffeurs, ship's captains and crew members, crews of road managers who, across the risk areas, which, pursuant to Government Resolution no. 198 of 12 March 2020 determined by the Minister of Health, transit, or transport in the territory of these risk areas, it is recommended that they minimize direct contact with local personnel in the territory of these risk areas.
 

Travel restrictions and travel ban in Czech Republic

 
The Government of the Czech Republic has banned the movement of people across the border of the Czech Republic under the declared state of emergency. Czechs are allowed to return to the country and foreigners are allowed to leave the Czech Republic. You can find more information on the travel ban in Czech Republic and travel restrictions in our article Czech Republic Travel Ban due to Coronavirus or directly on the website of the Government of the Czech Republic.
 

Limitation on export of medicinal products from Czech Republic starting from March 17, 2020

 
Based on Decree of the Czech government No. 104 the supply of all authorized medicinal products designated for the market in the Czech Republic to the Member States of the European Union and the export of these medicinal products to countries other than the Member States of the European Union was prohibited.
 

Closure of schools in the Czech Republic

 
The education has been discontinued and schools closed in the Czech Republic since March 11, 2020 based on the emergency measure of the Czech ministry of Health dated March, 10, 2020 Emergency measure – closing of all elementary schools, high schools and universities.
 
The Government of the Czech Republic published the resolution No. 201 on the adoption of a crisis measure concerning school education in the Czech Republic by which starting from March 13, 2020, the following activities have been banned:
 
- personal presence of pupils and students at primary, secondary and tertiary professional education in schools and school facilities pursuant to the Czech Act No. 561/2004 Coll., on pre-school, primary, secondary, tertiary professional and other education (Czech Education Act), as amended, and at events organized by these schools;
 
- personal presence of students at collective forms of teaching and examinations during their studies at higher education institutions pursuant to Czech Act No. 111/1998 Coll. on univcersity education as amended (Czech Universities Act), as amended, allowing personal presence in clinical and practical teaching and practice;
 
- personal presence of pupils in basic art education at a basic art school and language education at a language school with the right of state language examination pursuant to Act No. 561/2004 Coll., on pre-school, primary, secondary, tertiary professional and other education as amended, and at events organized by these schools,
 
- personal presence of persons for education in one - year foreign language courses with full - time tuition in institutions registered in the list of educational institutions providing one - year foreign language courses with full - time tuition pursuant to Czech Act No 117/1995 Coll., on State Social Support, as amended, 5. personal presence of children, pupils and students and other participants in non-formal education in educational institutions for non-formal education and in competitions and shows organized for children, pupils and students in schools and school facilities pursuant to Czech Act No. 561/2004 Coll., secondary, tertiary professional and other education (Czech Education Act), as amended.
 

Ban on public and cultural events in Czech Republic

 
The public and cultural events in Czech Republic have been cancelled and events banned in the Czech Republic since March 10, 2020 based on the emergency measure of the Czech Ministry of Health dated March, 10, 2020 Emergency measure on prohibition of all events where over 100 people are present at the same time, effective from March 10, 2020, 6 p.m., which was subsequently replaced as of March 13, 6 a.m. by the new extended measure.
 
The Government of the Czech Republic published the resolution No. 199 on the adoption of a crisis measure concerning public and cultural events in the Czech Republic by which starting from March 13, 2020 6 a.m. the following activities have been banned:
 
1. theatrical, musical, film and other artistic performances, sports, cultural, religious, federal, dance, traditional and similar events and other gatherings, exhibitions, festivals, pilgrimages, shows, tastings, markets and fairs, educational events, both public , so private, with the participation of more than 30 persons at the same time, pending the withdrawal of this emergency measure. This prohibition shall not apply to meetings, meetings and similar actions of constitutional bodies, public authorities, courts and other public persons held by law and funerals,
 
2. public presence between 8 p.m. and 6 a.m. in catering establishments,
 
3. the activity of catering establishments located within shopping centers with a sales area exceeding 5,000 m2,
 
4. public presence in the premises of some service providers - gyms, natural and artificial swimming pools, solariums, saunas, wellness services, music and social clubs, entertainment facilities, public libraries and galleries.
 

Emergency Measures of the Ministry of Health of the Czech Republic

 
As of March 17, 2020, the hospitals are ordered to cancel (or postpone) all the planned surgeries and other medical operations, which are not necessary to save the life or health of the patient. The Czech public hospitals therefore operate in the basic regime, so they are fully prepared for all the new possible patients with COVID-19, whose numbers are expected to grow in the following days.
 
There is currently 18 certified laboratories to test the patients for the coronavirus SARS-CoV-2. Free of charge are tested only the patients, who have a severe symptoms of the COVID-19 illness, or who have been in direct contact with someone, who is tested positive for SARS-CoV-2, or those who have a risky travel history and have a symptoms of the illness. Other patients can be tested as well, but they have to pay for such tests themselves.
 
Emergency measures of the Ministry of Health are published on the official notice panel of the Ministry of Health Current emergency measures and decisions on COVID-19.
 
On March 10, 2020, the Ministry of Health, in accordance with Section 69 (1) and (2) of Act No. 258/2000 Coll., on the protection of public health, as amended, have already passed 14 emergence measures to protect the general public and to prevent the risk of developing and spreading of COVID-19 illness, caused by the new coronavirus SARS-CoV-2.
 
The latest emergency measure dated March, 10, 2020 is, among others, Emergency measure – closing of all elementary schools, high schools and universities from March 11, 2020 prohibited in the Czech Republic with effect from March 11, 2020:
 
- Personal presence of pupils and students at elementary schools, secondary schools, high schools and at tertiary professional education facilities in Czech Republic pursuant to Act No. 561/2004 Coll., on pre-school, primary, secondary, tertiary professional and other education (the Czech Education Act), as amended;
 
- Personal presence of students at Czech universities pursuant to Act No. 111/1998 Sb., on universities, (the Czech Universities Act), as amended.
 
The Emergency measure – closing of all elementary schools, high schools and universities has been replaced by the Resolution No. 201 of the Government of the Czech Republic on the adoption of a crisis measure concerning school education in the Czech Republic.
 
Emergency measure on prohibition of all events where over 100 people are present at the same time, effective from March 10, 2020, 6 p.m. was abolished as of March 13, 6 a.m. and replaced by the following new measure, which prohibited inter alia theater, music, film and other artistic performances, sports, cultural, religious, federal, dance, traditional and similar events and other gatherings, exhibitions, festivals, fairs, shows, tastings are prohibited from 13 March 2020 6:00 a.m., markets and fairs, educational events, both public and private, with more than 30 people participating at the same time. The prohibition shall apply until the emergency measure is revoked. This prohibition does not apply to meetings, meetings and similar actions of constitutional bodies, public authorities, courts and other public persons held by law. At the same time, the funeral does not apply.
 
Limitations imposed by this resolution have been replaced by the Government of the Czech Republic published a resolution on the adoption of a crisis measure No. 199 concerning public activities and No.211 concerning ban on retail store operations in the Czech Republic with specific exceptions from March 14, 2020 6 a.m. The resolution No. 211 was cancelled by the resolution of the Government of the Czech Republic No. 280 with the effect from March 24, 2020 6 a.m..
 
The emergency measure ordering quarantine for close persons dated March 8, 2020 and the emergency measure - quarantine order for Czech citizens upon their return from Italy dated March 6, 2020, by which all citizens who returned from Italy after March 7, 2020 and also those, who were in contact with a patient who has been confirmed to have COVID-19 illness caused by the coronavirus SARS-CoV-2, were ordered to stay in the home quarantine for 14 days after their return or after the contact with infected person.
 

Data messages via data boxes from March 24, 2020 for free for the duration of the emergency state

 
On March 23, 2020 the Government of the Czech Republic published Resolution No. 275 prohibiting payment of fees for data message via data boxes for the duration of the emergency state.
 

COVID-19 and coronavirus declared as infective human disease under Czech criminal law

 
COVID-19 and coronavirus has been declared as infective (contagious) human disease under Czech law, which has consequences under Czech criminal law.
 
In accordance with Section § 152 of the Czech Criminal Code the criminal offence of Spreading of Contagious Human Disease commits:
 
Any person who intentionally causes or increases the risk of the introduction or spread of a contagious disease in humans shall be punished by imprisonment for six months to three years, by a disqualification or confiscation. In view of the fact, that a state of emergency has been declared, an offender might be sentenced imprisonment for two to eight years and for three to ten years, if he/she causes grievous bodily harm to at least two persons, or death and for five to twelve years, if he/she causes death of at least two persons. The preparation of this offence is criminal.
 
In accordance with Section § 153 of the Czech Criminal Code the criminal offence of Negligent Spreading of Contagious Human Disease commits:
 
Whoever causes or increases the danger of importation or spread of an infectious human disease out of negligence. An offender shall be sentenced to imprisonment for six months to three years, if he/she commits the act during the state of emergency. An offender shall be sentenced to imprisonment for one year to six years, if he/she causes by the offence death, or grievous bodily harm and to imprisonment for two to eight years, if he/she commits the offence because he grossly breached the Laws on protection of public health. An offender may be sentenced to imprisonment for tree to ten years, if he/she causes by the offencedeath of at least two persons because he/she grossly breached the Laws on protection of public health.
 

Emergency measures of the Ministry of Finance of the Czech Republic

 
Ministry of Finance of the Czech Republic announced a price regulation on the website of the Price Bulletin with regard to price and sales restriction concerning FFP3 class respirators. You can find more information in our article Terms and Conditions of the sale of FFP3 class masks in the Czech Republic after March 4, 2020.
 
As of the midnight of March 16, 2020, the Government of the Czech Republic decided to allow both sole entrepreneurs and companies to submit their tax returns three months later without any penalty, i.e. until July 1, 2020. Other emergency measures include the general waiver of an administrative fee of CZK 400 for filing an individual request for tax delays or tax repayments for reasons related to coronavirus, effective to the July 31, 2020.
 
The Czech Financial and Customs Authority will not impose penalties for late submission of the control report, or for late registration for the Electronic Register of Sales for three months after the commencement of its third and fourth phase in May 2020, and until then, the Electronic Register of Sales will only have an advisory function.
 

Information on travel limitations published by the Czech Ministry of Foreign Affairs

 
Useful information on current travel possibilities can be found on the website of the Ministry of Foreign Affairs Recommendations on travel abroad in connection with the spread of coronavirus and/or on the WHO website a Updated WHO recommendations for international traffic in relation to COVID-19 outbreak.
 

Labour law and employment in Czech Republic

 
The emergency measures and impacts of coronavirus disease already raise questions also in connection with the Czech labor law and employment issues. For more information please see our article Labor Law Questions on Coronavirus and Emergency Measures in the Czech Republic.
 

Conditions to claim damages for the limitations caused by the declaration of state of emergency and subsequent ordered crisis measures under the Czech Crisis Management Act

 
It is not yet clear whether it will be possible and under what conditions to claim damages for the limitations caused by the declaration of emergency and subsequent ordered crisis measures. The Czech Crisis Management Act contains in § 35 the regulation of compensation for the restriction of the ownership right, the provision of material means and the performance of work duties and work assistance and in § 36 the regulation of damages. For more information, please see our article Damage claims and compensation for Emergency Measures and State of Emergency in Czech Republic.
 
For more information, contact us at:
 
JUDr. Mojmír Ježek, Ph.D.
 
ECOVIS ježek, advokátní kancelář s.r.o.
Betlémské nám. 6
110 00 Praha 1
e-mail: mojmir.jezek@ecovislegal.cz
www.ecovislegal.cz
 
About ECOVIS ježek advokátní kancelář s.r.o.
The Czech law office in Prague ECOVIS ježek practices mainly in the area of Czech commercial law, Czech real estate law, representation at Czech courts, administrative bodies and arbitration courts, as well as Czech finance and banking law, and provides full-fledged advice in all areas, making it a suitable alternative for clients of international law offices. The international dimension of the Czech legal services provided is ensured through past experience and through co-operation with leading legal offices in most European countries, the US, and other jurisdictions. The Czech lawyers of the ECOVIS ježek team have many years of experience from leading international law offices and tax companies, in providing legal advice to multinational corporations, large Czech companies, but also to medium-sized companies and individual clients. For more information, go to www.ecovislegal.cz/en.

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