August 2021 – Kinstellar has successfully represented Kiwi.com before the Czech Constitutional Court, which struck down a preliminary injunction issued by a lower court based on a claim by low-cost carrier Ryanair.
According to the Constitutional Court, the preliminary injunction issued by the Regional Court in Brno in January and subsequently upheld by the High Court in Olomouc interfered with the freedom of expression, right to conduct business and right to judicial protection.
As the Constitutional Court noted, the right to freedom of expression applies to a certain extent also to commercial communications. Consequently, when issuing a preliminary injunction, it is necessary to thoroughly assess whether information is true or false.
“The Constitutional Court’s ruling sends a clear signal that when issuing preliminary injunctions, courts must ensure that procedural conditions are met in sufficient detail. We are pleased that the Constitutional Court did not agree to the practice of extensive and vague injunctions and supported the arguments of our client, which is an innovative passenger transportation broker,” explained Zdeněk Kučera, head of the Kinstellar team advising Kiwi.com that also included Štěpánka Havlíková (Junior Associate) and Jiří Maršál (paralegal). The expertise of Kiwi.com’s legal team, led by David Liškutin, also played a key role in this success.