SLOVAK FINANCIAL LAW NEWS

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1 August 2005 PRIOR CONSENT REQUEST PURSUANT TO ACT ON BANKS str: 1 AMENDMENTS TO HEALTH CARE LEGISLATION str: 1 CHANGES OF LEGAL REGULATIONS IN SOCIAL SECURITY SECTOR str: 7 IMPLEMENTING REGULATIONS IN THE ENVIRONMENTAL SECTOR str: 8 ORDINANCE ON PROVISION OF SUBSIDIES FOR ELABORATION OF TERRITORIAL PLANNING DOCUMENTATION OF MUNICIPALITIES AND TOWNS str: 9 OTHER LEGAL REGULATIONS str: 9 COURT DECISIONS - TERMINATION OF LEASE OF RESIDENTIAL PREMISES - DELIVERY str: 10 Hurbanovo nám Bratislava, Slovak Republic tel.: (421-2) fax: (421-2) office@cechova.sk branch: Avenue d Auderghem 36 B-1040, Brussels, Belgium Tel.: +32 (0) fax: +32 (0) brussels@cechova.sk PRIOR CONSENT REQUEST PUR- SUANT TO ACT ON BANKS (Notification of the National Bank of Slovakia on the Issuance of a Measure stipulating Requisites of a Prior Consent Request Pursuant to Section 28 para. 1 of Act No. 483/2001 Coll. on Banks and on Amendment and Supplementation of Certain Acts, as amended) This Measure stipulates requisites of a request for prior consent of the National Bank of Slovakia, including determination of documents enclosed to the request for prior consent of the National Bank of Slovakia: (i) for the acquisition or exceeding of interest in the registered capital of the bank or of voting rights in the bank within the extent of 5 %, 10 %, 20 %, 33 %, 50 % or 66 % in one or several operations directly or by proceedings in compliance, (ii) for the merger, fusion or division of the bank, including merger of another legal entity with the bank or for the return of the banking permit, as well as for the decrease of the registered capital of the bank unless it is a decrease for reasons of its settlement with a deficit, (iii) for winding up the bank from other reasons than according to the point (ii) or for the change of its legal form; in such case the bank shall be obliged to return the banking permit as to the day stipulated in the decision on the prior consent, (iv) for the sale of the enterprise of the bank, of the branch of a foreign bank or of their parts, (v) so that the bank could become a subsidiary of some other parent company, (vi) for the use of shares issued by the bank as the subject of security of obligations of the owner of these shares or of another person, except for the case in which the subject of security consist of shares in the total extent lower than 5 % of the interest in the registered capital of the bank in one or several operations directly or by proceedings in compliance. This Measure No. 3/2005 Coll. has been published in part 23/2005 of the Official Journal of the National Bank of Slovakia and it can be viewed in all organisational u- nits of the National Bank of Slovakia. This Measure came into force on 1 September jana.stelbacka@cechova.sk AMENDMENTS TO HEALTH CARE LEGISLATION (Act No. 347/2005 Coll. amending and supplementing the Act No. 577/2004 Coll. on the Extent of Health Care covered on the basis of Public Health Insurance and on Settlements for Services related to the Provision of Health Care, as amended by Act No. 720/2004 Coll.; Act No. 350/2005 Coll. amending and supplementing the Act No. 576/2004 Coll. on Health Care and on Services related to the Provision of Health Care and on amendment and supplementation of certain acts, as amended by Act No. 82/2005 Coll.; Act No. 351/2005 Coll. amending and supplementing the Act No. 578/2004 Coll. on Providers of Health Care, Health Care Workers, Professional Health Care Organisations and on amendment and supplementation of certain acts, as amended by Act No. 720/2004 Coll. on amendment and supplementation of certain acts; Act No. 352/2005 Coll. amending and supplementing the Act No. 580/2005 Coll. on Health Insurance and on amendment and supplementation of the Act No. 95/2002 Coll. on Insurance and on amendment and supplementation of certain acts, as amended by Act No. 718/2004 Coll.; Act No. 353/2005 Coll. amending and supplementing the Act No. 581/2004 Coll. on Health Insurance Companies, on Supervision of Health Care and on amendment and supplementation of certain acts, as amended by Act No. 719/2004 Coll. and on supplementation of the Act No. 7/2005 Coll. on Bancruptcy and Restructuralisation and on amendment and supplementation of certain acts) Amendment to Act on the Extent of Health Care This Amendment to the Act on the Extent of Health Care covered on the basis of the public health insurance and on settlements for services related to the provision of health care implements changes in particular in the field of settlements for services related to the provision of health care. Pursuant to the Amendment, for instance, (i) a nursing mother who has been admitted to

2 August the constitutional care together with the baby, as well as (ii) an insuree in the condition which excludes the possibility to ask for its consent with the provision of constitutional care are exempt from settlements (a) for food and bed during the provision of constitutional care for each day of (1) such constitutional care, however, for 21 days of the same constitutional care with one provider, (2) such constitutional care in a medical centre and in natural spas regardless the duration of the constitutional care, as well as (b) for the processing of data acquired during the provision of out-patient care in the electronic form during each visit to the doctor. The amount of the settlement of the insuree for services stipulated by law can be different for each group of insurees taking into account their health condition, age or other particular reasons. This Measure also stipulates cases in which a prior consent of the inspection doctor or of the pharmacist of the health insurance company is necessary for the settlement of medicinal products or medical devices of the insuree. Pursuant to the Amendment, not only medicinal products given under constitutional care, but also individual medicinal products (except for medicinal products for production of which medicinal products which are not covered or are partially covered by public health insurance were used) given under out-patient care shall be fully covered. Dietetic alimentary products given under constitutional care shall also be fully covered by public health insurance. The Amendment explicitly stipulates the obligation of a health insurance company to provide the insuree upon its request with the allowance for settlement of health care provided by non-contractual providers, including prescribed medicinal products, medical devices and dietetic alimentary products if (i) the request fulfils all the criteria for provision of such allowance which are determined and published by the health insurance company, and (ii) if the health insurance company agreed with this allowance before the provision of such health care. Authorization of a health insurance company to claim settlement for health care provided to a third person, in case of an accident or other injury or other damage to the health of the insuree caused by illegal actions of such person, is further stipulated. Amendment also implements other changes of legislative, technical and specifying character. Amendment to Act on Health Care This Amendment to the Act on Health Care and on Services related to the Provision of Health Care changes the actual catalogue of medical services to a new catalogue of medical services and the list of medical services (which shall be published by Government Resolutions of the Slovak Republic); the law stipulates the content of the above mentioned documents. It is explicitly stipulated that the provider of health care shall be obliged to provide health care correctly. Pursuant to the Amendment, health care was provided correctly if all medical services for the correct determination of illness with the assurance of early and efficient treatment with the aim of healing the person or making the health condition of such person better taking into account all current knowledge from medicine were performed. This Amendment extends the scope of persons who will be considered as legal representatives of a minor child and who will be entitled to the provision of instructions, i.e. information on the purpose, nature, consequences and risks of the provision of health care, on possibilities of choice of the proposed procedures and on risks of refusing the provision of health care to a minor child. The provider of health care shall be obliged to submit an extract from the health documentation upon written request (within the scope of the request) also to the police, to

3 August the investigator, the prosecutor or the court for purposes of civil court proceedings or criminal proceedings. Data from the health documentation shall be made available by means of inspection of the health documentation of the person also to the Ministry of Health of the Slovak Republic, to the main doctor of the self-government region and to the main nurse of the self-government region for purposes of supervision pursuant to Act on Health Care Providers; in case of health documentation held in medical facilities of the Ministry of Defence of the Slovak Republic, the Ministry of Interior of the Slovak Republic, the Ministry of Justice of the Slovak Republic and the Ministry of Transportation, Posts and Telecommunications of the Slovak Republic, also to doctors designated by individual principal bodies of the state administration upon agreement with the Ministry of Health of the Slovak Republic, within the whole extent. The ban of donorship of organs, tissues and cells from the body of a living donor for purposes of their transfer to the body of another person in case if the donor is a person in custody or in prison in exceptional cases is not valid if the receiver is its close relative and if the donnorship can save the receivers life. The Amendment further supplements the powers of the Ministry of Health of the Slovak Republic, implements the up to now missing definition of national registers and also modifies the powers of individual bodies of the state administration in sectors containing providers of health care. Amendment to Act on Health Care Providers The Amendment implements a licence for performance of medical examinations as a new type of licence which shall be required for the performance of medical examinations outside medical facilities. It is a special type of licence for the performance of a medical profession in the category - doctor. The licence for performance of medical examinations shall not be required for performance of medical examinations in the armed forces. Ambulances of the first aid are supplemented by ambulances of the fast first-aid and ambulances of water first aid. Conditions and procedure of determination of a substitute professional representative by the holder of permit for performance of activities of a medical facility, as well as the procedure at the change of registered seat of the firstaid station outside the registered seat stipulated by the Act on First Aid, are also amended. Reasons for temporary interruption of the permit for performance of activities of a medical facility, as well as the cancellation of the above mentioned permit were also specified. Justification of professional competence for performance of a medical profession was specified and the professional medical practice was defined at the same time. Provisions on further education of health workers were supplemented by a modification of the financing of further education of health workers. Possible sources of financing of further education of health workers were defined and the Ministry of Health of the Slovak Republic was at the same time authorized to modify the details of the financing of further education of health workers by generally binding legal regulations. Cases in which the licence for performance of a medical profession or the licence for performance of activities of a professional representative were stipulated in details. Obligations of health care providers, such as the obligation of providers of out-patient care to follow the office hours as one of the basic obligations which results from operation of an out-patient care facility were also specified and supplemented. The obligation of health care providers to keep the order of insurees in the list of insurees waiting for the provision of health care, if such list was created by the health insurance company, as well as the notifying obligation in relation towards the health insurance company,

4 August were implemented. Implementation of the notifying obligation of health care providers relates to the right of the health insurance company to claim settlement for the provided health care from the insuree if such health care was provided as a result of the breach of the treatment or as a result of the use of an addictive substance. Notifying obligation of health care providers also relates to the obligation to notify the health insurance on accidents or other damages to health in connection with which it provided the person with health care under suspicion that this accident or other damage was caused by illegal actions of a third person and which facts are significant for health insurance companies in particular from the point of view of enforcement of damage claims. Pursuant to this Act, it is possible to assign (i) the ownership of a state receivable towards a wound-up health insurance company under administration of an administrator within the establishing competence of the Ministry of Health of the Slovak Republic (SR), (ii) the ownership of a state receivable under administration of an administrator within the establishing competence of the Ministry of Health of the SR towards another health insurance company, and (iii) the ownership of a state receivable under administration of an administrator within the establishing competence of the Ministry of Health of the SR towards a medical facility, except for those which are undertakings without consideration in case it was created from the provision of health care or in connection with the provision of health care to a legal entity with a 100% property share of the state designated by the Ministry of Health of the SR upon agreement with the Ministry of Finance of the SR. Amendment to Act on Health Insurance The Amendment has introduced an explicit division of public health insurance into obligatory and optional. An insured party will mean an individual that is covered by public health insurance on an obligatory or compulsory basis. The Amendment introduces changes in the range of persons covered by public health insurance on an obligatory basis. The following persons will be excluded e.g. (i) persons applying for a retirement pension from another member state or a signatory of the EEA Treaty ( Member State ) as well as (ii) persons receiving retirement pension from another Member State and are covered by health insurance in the territory of the given Member State. Definitions of certain terms have been introduced such as health insurance abroad, permanent establishment or a person covered by optional public health insurance which may be an individual with permanent residence in the Slovak Republic which is not covered by public health insurance and which is not covered by health insurance in another Member State. The Amendment clearly defines the time of commencement and termination of health insurance and regulates related obligations of insured persons. Under the Amendment if an insured person has filed an application in several health insurance companies it will be considered insuree of the company that first confirms the application, if none of the health insurance companies have confirmed yet, it will be insuree of such company in which it has filed the application first. Obligations of health insurance companies in case of the establishment of health insurance as well as in case of a change of health insurance companies have been egulated in more detail. According to the Amendment the respective health insurance company is obliged to request data from the insuree s account within the scope regulated by the Act on Health Insurance Companies from the health insurance company which last covered an insuree s public health insurance within two months from the date of the commencement of public health insurance coverage for the insuree. According to the Amendment the respective health insurance is obliged to issue to the insured person an European health in-

5 August surance card ( European Card ) within 30 days form filing the application; the Act further regulates fees from the issuance of the above card as well as the obligation of its return by the insured person upon expiry of health insurance. In 2005, health insurance companies will be obliged to issue the European Card by 31 December According to the Act, a person that is by law covered by public health insurance and which is not an employee, independent gainfully employed person or a person the health insurance is covered by the state is obliged to pay health insurance. As indicated in the explanatory report, the said regulation defines the term voluntarily unemployed person. According to the Amendment the following will also be considered employees (i) executives of a limited liability company if the exercise of the function is remunerated and such remuneration is considered income from a dependent activity under the Income Tax Act as well as (ii) members of statutory bodies, administrative board, supervisory board, supervisory committee, and member of another independent body of a legal entity, if the exercise of the function is remunerated and such remuneration is considered income from a dependent activity under the Income Tax Act. The Amendment also defines in clearer terms independent gainfully employed persons. The Amendment gives a positive definition of persons the health insurance of which is paid by the state. The Amendment defines two rates of insurance for employees depending on the type of the income of employees. The Act further amends, modifies and clarifies provisions regulating the (i) assessment base, (ii) annual insurance clearance, (iii) monthly distribution of insurance advance payments, (iv) annual distribution of insurance as well as (v) payment of insurance advances (an obligation of a voluntarily unemployed person to pay insurance advances has been supplemented). The Social Insurance Company will be under certain legally stipulated circumstances allowed to (i) decrease the amount of default interest or relieve the insurance buyer from the payment as well as to (ii) allow installments of outstanding insurance advance amounts, sums outstanding from annual insurance clearance and default interests due to the person s insolvency. The obligations of an insured person against the health insurance company, obligations of the insurance buyer (payer) as well as the obligations of insurance companies have been supplemented and clarified. Funds in accounts of health insurance companies determined for the provision and financing of health insurance and services connected with the provision and arrangement of health care will be excluded from executions and the exercise of decisions until 31 December Amendment to Act on Health Insurance Companies As indicated in the explanatory report, the Amendment primarily clarifies the individual provisions of the Act in the interest of its easy application in practice. The clarifications contained in the bill of the Amendment to the Act are not only internal clarifications but are also related to the Health Insurance Act. As far as its content is concerned, the Amendment to the Act (i) gives a more specific account of the conduct of a health insurance in the process of the compilation of a list of insured persons expecting the provision of health care, (ii) stipulates in taxatively listed cases the contribution of a health insurance into the provision of health care, (iii) widens the scope of persons entitled to exercise supervisory activities of a health insurance and at the same time (iv) regulates the terms under which individuals entitled to exercise supervisory activities will be excluded from such conduct. The manner of maintenance of lists of insured persons expecting the provision of health care and further obligation of a health insurance company connected with

6 August such list have been regulated. A health insurance company is obliged to compile a list of insured persons expecting the provision of health care, if the payment of health care other than immediate health care should impair the provision of immediate health care. A health insurance company is, among others obliged to update an insured person included in the list upon request on its ranking. The obligation of a health insurance company to maintain a list of insured persons waiting for a suitable organ, tissue or suitable cells for transplantation purposes has also been explicitly stipulated. Furthermore, a health insurance company is obliged to compile and maintain a list of planned medical services; this will not apply if the list of insured persons waiting from the provision of health care has been compiled by the health insurance company. The procedure of the provision of medical products and medical aids through a health insurance company has been simplified. A health insurance company will be able to get access to medical products and medical aids not only from the producer but also from a large-scale distributor. According to the amendment a health insurance company may under legally stipulated terms act as a mediator of individual health insurance for an insured person in another health insurance company, in the case that it does not conclude agreements on individual health insurance as well as finance further education of medical staff. The scope of health care providers with which a health insurance company is obliged to conclude contracts on provision on health care has been widened and now includes providers which are authorized to operate emergency surgeries. A health insurance company will transfer a contribution for the activities of call centres of emergency health care to the account of the Ministry of Health of the Slovak Republic by 20 October of each calendar year. The contribution will amount to 0.3 % on the legally stipulated base. The basis for the determination of the amount of the contribution will be the sum of insurance to which a health insurance is entitled after the distribution of the insurance for the calendar year preceding the year in which the contribution is due. The scope of persons authorized to exercise supervisory activities in a health insurance company has been widened and now includes pharmacist inspectors and other employees assigned with the exercise of the supervision. The scope if their competence has been clearly defined. The obligation of a health insurance company to provide constant availability of general outpatient care, outpatient care in the dental health care sector and hospital health care has been introduced. The Amendment supplements and clarifies the competence of the Authority of Health Care Supervision (the Authority ), regulates the obligations of employees of the Authority, as well as the competence of the Authority with regard to the exercise of the supervision over health care. The Amendment stipulates that a person authorized to exercise supervision will benefit from the position of a public representative during the exercise of duties under the Act on Health Insurance or in connection with such duties. The action of the Authority in case of a disclosure of insufficiencies in the activities of a health care provider has been regulated as well as the system of imposing penalties by the Authority and the amount of penalties which the Authority may impose, if the exercise of supervision discloses that health care has not been provided in correct manner. Compared to the current legal regulation the Authority may instruct a health insurance company to transfer only a part of its insurance stock (a part of confirmed applications). As indicated in the explanatory report, the insurance stock may be transferred only on the first day of the calendar month generally due to the transfer of insurance which will be the subject matter of further distribution in the month in which the insurance stock has been transferred.

7 August The Amendment supplements also the Bankruptcy and Composition Act under which the proposal for declaration of bankruptcy over a health insurance company may be filed only by the respective supervisory authority or compulsory trustee after the prior consent of a respective supervisory authority provided that such insurance company is in receivership under a special regulation. These Acts came into effect on 1 September 2005 with the exception of the provisions of the Act on Health Insurance Companies indicated in Art. I clause 6., 7., 20. and 76. and the provisions indicated in Art. II which will come into effect on 1 January jana.stelbacka@cechova.sk CHANGES OF LEGAL REGULATIONS IN SOCIAL SECURITY SECTOR (Measure of the Ministry of Labour, Social Affairs and Family of the Slovak Republic No. 378/2005 Coll. on Determination of Amount of Parental Contribution, Decree of the Government of the Slovak Republic No. 381/2005 Coll. on Increase of the Amount of the Provision Contribution, Decree of the Government of the Slovak Republic No. 382/2005 Coll. regulating Amounts of Contributions for Person in Material Distress, Activation Contribution and Protective Contribution, Decree of the Government of the Slovak Republic No. 383/2005 Coll. on Increase of the Contribution upon a Child s Birth and on Parental Contribution Increase to Parents in case if Three or More Children are born or if Twins are Repeatedly Born within Two Years) Measure on Determination of Amount of Parental Contribution The amount of the parental contribution determined in the Measure of the Ministry of Labour, Social Affairs and Family of the Slovak Republic in accordance with the Act on Parental Contribution effective from 1 September 2005 has been increased from SKK 4,110 to SKK 4,230. Decree of the Government on Increase of the Amount of the Provision Contribution The Decree of the Government of the Slovak Republic increases under Section 4 para. 4 of the Act on Provision Contribution the amount of the provision contribution (i) from SKK 870 to SKK 900 for an entitled person under Section 2 para. 1 letter a) of the Act (a soldier s own or foster child, if the conditions according to a special regulation are fulfilled) and (ii) from SKK 1,140 to SKK 1,180 from an entitled person under Section 2 para. 1 letters b) and c) of the Act (a soldier s wife, if the terms stipulated under the Act on Provision Contribution are fulfilled). The said Decree repeals the Decree of the Government of the Slovak Republic No. 481/2004 Coll. on the Increase of the Amount of Provision Contribution. Decree of the Government on Benefits in Material Distress, Activation Contribution and Protective Contribution In the said Decree the Government of the Slovak Republic determines under Section 17 para. 4 of the Act on Assistance in Material Distress the amount of contribution in material distress as follows: (i) in case of an individual to SKK 1,560 per month, (ii) in case of an individual with a child or with a maximum of 4 children to SKK 2,500 per month, (iii) in case of a childless couple to SKK 2,710 per month, (iv) in case of a couple with a child or with a maximum of 4 children to SKK 3,700 per month, (v) in case of an individual with more than 4 children to SKK 3,710 per month, (vi) in case of a couple with more than 4 children to SKK 4,950 per month. The activation contribution amounts to SKK 1,700 per month and the protective contribution amounts also to SKK 1,700. Government Decree on Parental Contribution The Government Decree of the Slovak Republic effective from 1 September 2005 increases the contribution granted upon childbirth from SKK 4,320 to SKK 4,460. The contribution to parents in case of a birth of triplets or more children or in case twins are repeatedly born to parents within two years amounts to (a) SKK 2,420 for a child up to 6 years of age, (b) SKK 2,980 for a child from 6 to 15 years of age, and (c) SKK 3,170, for a child aged 15. At the same time the Decree of the Government No. 484/2004 Coll. on Increase of Amount of Contribution upon Childbirth and on Increase of Parental Contributions to Parents in Case of a Birth of Triplets or More Chil-

8 August dren or in Case of a Repeated Birth of Twins within two years. These regulations came into effect on 1 September jana.stelbacka@cechova.sk IMPLEMENTING REGULATIONS IN THE ENVIRONMENTAL SECTOR (Decree of Ministry of the Environment of the Slovak Republic No. 384/2005 Coll., regulating the Details of the Scope of a Flood Plan, its Approval and Update; Decree of the Ministry of the Environment of the Slovak Republic No. 385/2005 Coll. regulating Details of the Exercise of Forecast Flood Service and Announced or Emergency Flood Service; Decree of the Ministry of the Environment of the Slovak Republic No. 386/2005 Coll. regulating Details of the Submission of Regular Informative Reports in case of Flooding and a Summary of Reports on the Course and Consequences of Flooding and on Adopted Measures; Decree of the Ministry of the Environment of the Slovak Republic No. 387/2005 Coll. regulating the Details of the Evaluation and Settlement of Flood Defence Works, Flood Emergency Works, Damage caused by Flooding and Costs of the Activities of State Administration Bodies of Flood Protection) Decree on Flood Plans The Decree stipulates the details of the content, approval and update of flood plans, plans of flood defence works and plans of flood rescue works. Flood plans made by state administration bodies of flood protection contain flood plans of: (i) flood defence works submitted by the administrator of significant water flows in water economy, and (ii) flood rescue works submitted by municipalities and the Fire and Emergency Brigade. The flood plan is updated by the Municipal Environmental Authority and submitted to the Regional Environmental Authority by 30 November. The Regional Environmental Authority updates the flood plan and submits it to the Ministry of the Environment of the Slovak Republic by 15 December. Annexes to the Decree regulate the scope of the flood plan of flood defence works and of flood rescue works. Decree on Flood Forecast Services The Decree regulates the details of the exercise of flood forecasting and flood warning service. The flood forecasting service is provided by the Slovak Hydrometeorology Agency (the Agency ) which provides regular daily reports and special reports as part of the flood forecasting and flood warning services. According to the Decree the emergency of flooding may be announced by dialling 112 for emergency, 150 for Fire and Emergency Brigade, or 158 for the Police Corps. The recipient of the announcement will report it immediately to the respective state administration authority of flood protection. The Decree also stipulates cases in which legal entities and individuals set forth in the Act on Flood Protection dispatch a flood warning report. Decree on Submission of Flood Related Reports The Decree stipulates details of the submission of (i) regular reports during floods and (ii) summarized reports on the course and consequences of floods and on the measures taken. The Decree regulates also the content of the summarized report. A municipality will submit the summarized report to the Municipal Environmental Authority within 20 days from the time of the cancellation of category II of flooding (state of emergency). The Municipal Environmental Authority will submit the summarized report to the Regional Environmental Authority in writing in electronic form within 25 days from the time of the cancellation of category II flooding (state of emergency). The Regional Environmental Authority will submit the summarized report to the Regional Environmental Authority in writing in electronic form within 25 days from the time of the cancellation of category II of the flooding activity (state of emergency). The Regional Environmental Office will submit the summarized report in writing in elec-

9 August tronic form to the Ministry of the Environment and the Interior Ministry within 30 days from the time of the cancellation of category II of the flooding activity (state of emergency). Decree on Flood Works and Flood Damage The Decree stipulates details of (i) the evaluation and payment of flood defence works, and flood rescue works, including remunerations caused by flood protection measures, (ii) evaluation of damage caused by floods (flood related damage) and (iii) evaluation of the costs related to the activities of state administration bodies of protection against floods and flood commissions throughout category III of the flooding activity. The said Decrees will come into effect on 1 October jana.stelbacka@cechova.sk ORDINANCE ON PROVISION OF SUBSIDIES FOR ELABORATION OF TERRITORIAL PLANNING DOCUMEN- TATION OF MUNICIPALITIES AND TOWNS (Notification of the Ministry of Construction and Regional Development of the Slovak Republic No. 365/2005 Coll. on Issuance of Ordinance on the Provision of Subsidies for the Compilation of Territorial Planning Documentation of Municipalities and Towns) The above Ordinance regulates the scope and further conditions of subsidy provision for the elaboration of the territorial plan of a municipality or its changes and amendments and for the elaboration of the territorial plan of a zone or its changes and how such subsidies will be provided. The Ordinance is published in the Newsletter of the Ministry of Construction and Regional Development of the Slovak Republic No. 5/2005 and may be viewed at the Ministry of Construction and Regional Development of the Slovak Republic. The Ordinance came into effect on 25 August jana.stelbacka@cechova.sk FURTHER SIGNIFICANT LEGAL REGU- LATIONS PUBLISHED IN THE COLLEC- TION OF LAWS IN AUGUST 2005 ARE: Act No. 346/2005 Coll. on State Service of Professional Soldiers of the Armed Forces of the Slovak Republic, as amended; Decree of the Ministry of Education of the Slovak Republic No. 348/2005 Coll. on Types and Requisites of S- chool Reports and other School Forms; Decree of the Ministry of Transport, Posts and Telecommunications of the Slovak Republic No. 349/2005 Coll. implementing Act No. 93/2005 Coll. on Driving Schools, as amended; Decree of the Government of the Slovak Republic No. 357/2005 Coll. a- mending and supplementing Decree of the Government of the Slovak Republic No. 40/2002 Coll. on Protection of Health against Noise and Vibrations, as amended by the Decree of the Government of the Slovak Republic No. 44/2005 Coll.; Decree of the Ministry of Health of the Slovak Republic No. 358/2005 Coll. a- mending and supplementing Decree of the Ministry of Health of the Slovak Republic No. 765/2004 Coll. on the A- mount of Remuneration for Actions of the Health Care Supervision Authority; Decree of the Ministry of the Environment of the Slovak Republic No. 359/2005 Coll. amending Decree of the Ministry of the Environment of the Slovak Republic No. 127/2004 Coll. on Rates for the Calculation of Contributions into the Recycling Fund, on the List of Products, Materials and Facilities for which a Contribution is Paid into the Recycling Fund, and on Details of the Content of the Application for the Provision of Funds from the Recycling Fund; Notification of the Ministry of Agriculture of the Slovak Republic and the Ministry of Health of the Slovak Republic No. 360/2005 Coll. on Issuance of Ordinance issuing Catch of the Foodstuff Codex regulating Edible Grains and Grain Products;

10 August full wording of Act of the National Council No. 138/1992 Coll. on Authorized Architects and Authorized Civil Engineers (published in the Collection of Laws of the Slovak Republic under No. 362/2005 Coll.); full wording of Act No. 428/2002 Coll. on Personal Data Protection (published in the Collection of Laws of the Slovak Republic under No. 363/2005 Coll.); Decree of the Ministry of Health of the Slovak Republic No. 364/2005 Coll. which stipulates the Scope of Caretaking Experience Provided by a Nurse Individually and in Cooperation with a Physician and the Scope of Experience in Childbirth Assistance provided by a Birth Assistant (Midwife) Individually and in Collaboration with a Physician; Decree of the Ministry of Health of the Slovak Republic No. 366/2005 Coll. on Criteria and Manner of Evaluation of Lifelong Education of Medical Staff; Decree of the Ministry of Finance of the Slovak Republic No. 367/2005 Coll. which amends Decree of the Ministry of Finance of the Slovak Republic No. 209/2004 Coll. regulating the Manner and Term as to which the Status of S- tate Property is Determined, the Scope and Term of the Submission of Information on State Property to the State Treasury, as amended by Decree No. 493/2004 Coll.; Notification of the Telecommunications Authority of the Slovak Republic No. 370/2005 Coll. on Issuance of a Provision which amends and supplements Measure of the Telecommunications Authority of the Slovak Republic dated 16 December 2004 No. O-7/2004, regulating the Details of the Provision of the Transferability of a Number; Measure of the Ministry of Labour, Social Affairs and Family of the Slovak Republic No. 372/2005 Coll. amending Measure of the Ministry of Labour, Social Affairs and Family of the Slovak Republic No. 157/2004 Coll. stipulating the Requisites of the Information on the Status of an Insuree s Individual Account and Requisites of the Information on Changes of the Status of an Insureeęs Individual Account; Notification of the Ministry of Agriculture of the Slovak Republic No. 373/2005 Coll. on Issuance of Ordinance which amends and supplements Decree of the Ministry of Agriculture of the Slovak Republic dated 31 August 2004 No. 2108/ on Provision of Assistance from EU Funds to Support Milk and Dairy Product Consumption for Pupils in Compulsory Education; Decree of the Ministry of Education of the Slovak Republic No. 374/2005 Coll. which amends and supplements Decree of the Ministry of Education of the Slovak Republic No. 41/1996 Coll. on Professional and Pedagogical Competence of Pedagogical Staff, as amended; Decree of the Authority for Regulation of Network Industries No. 375/2005 Coll. which regulates the Details of the Requirements for the Confirmation of Technical Conditions for Business Activities in the Energy Sector, Requirements for Education, Professional Qualifications as well as the Manner of their Proof; Decree of the Ministry of Education of the Slovak Republic No. 376/2005 Coll. which regulates the Details of the Conditions and Rules of Experimental Evaluation of the Aims, Content, Methods, Organization and Management of the Exercise of Educational and Training Process in Schools and in School Institutes; Decree of the Ministry of Education of the Slovak Republic No. 379/2005 Coll. which amends and supplements Decree of the Ministry of Education of the Slovak Republic No. 510/2004 Coll. on Termination of Studies at Secondary Schools and Termination of Training at Vocational Schools, Training Institutes and Practical Schools. COURT DECISIONS In this part we refer to quotations from selected court decisions and opinions in civil, commercial and administrative matters recently published in the Collection of Opi-

11 August nions of the Supreme Court and Rulings of Slovak Courts. TERMINATION OF LEASE OF RESI- DENTIAL PREMISES (Ruling of the Supreme Court of the Slovak Republic dated 24 January 2003, File No. 2 Cdo 131/02) In case of termination of the lease of residential premises in facilities intended for permanent housing general provisions relating to the lease of a flat will apply (Sections 710 and 711). However, the reason for notice under the provision of Section 711 para. 1 letter a) of the Civil Code may not be applied by the lessor being legal entity; the need of the flat for purposes of housing of persons which would be close persons in relation to the lessor legal entity will not be taken into account. zuzana.gaalova@cechova.sk DELIVERY (Ruling of the Supreme Court of the Slovak Republic dated 26 August 2003, File No. 2 Cdo 53/03) The conduct of a bailiff (process server) arising from the provision of Section 47 para. 2 of the Civil Procedure Code must be observed also in the case that the recipient makes a declaration that it will collect delivered post from the post office in person or through another authorized person, otherwise the presumption of delivery of documentation in a substitute manner will not be applicable. zuzana.gaalova@cechova.sk

12 August The information contained in this publication is not a legal advice. For any questions regarding the contained information, please consult the contact person for the respective topic. The Slovak Financial Law News is not a printed periodical and is available in electronic format only as a marketing product distributed to a selected group of addressees. If you do not wish to receive the Slovak Financial Law News, or wish to be included in our mailing list, please notify the editor at the below address. You can find more information on our website: where the online versions of Slovak Financial Law News are available through a password. Please contact us at the address below if you wish to obtain the access password. For information on European Union and European Community law, you may obtain the European Community Law News, available under the same conditions as the Slovak Financial Law News. Editor Slovak Financial Law News: Mgr. Zuzana Gaálová, zuzana.gaalova@cechova.sk Čechová & Partners. Unauthorised copying not permitted Advokátska kancelária Čechová & Partners Združenie advokátov: JUDr. Katarína Čechová (evidenčné číslo v zozname advokátov vedenom Slovenskou advokátskou komorou: 0339/ ) poverená vedením účtovníctva združenia pod IČ DPH SK , Mgr. Zuzana Gaálová (2157/ ), Mgr. Tomáš Maretta (1601/ ), Mgr. Jana Moravčíková (3866/ ), Mgr. Tomáš Rybár (3988/ ), Mgr. Tomáš Zárecký (4020/ ) Členovia združenia advokátov Čechová & Partners sú zapísaní v zozname advokátov vedenom Slovenskou advokátskou komorou (SAK) so sídlom Kolárska 4, Bratislava a advokátske povolanie vykonávajú v zmysle príslušných advokátskych predpisov dostupných na internetovej stránke umožňujúcej trvalý prístup k informáciám o tejto stavovskej organizácii. Členovia združenia advokátov nadobudli akademické tituly v Slovenskej republike. Hurbanovo nám. 5, Bratislava, Slovak Republic, tel: +421 (2) , fax: +421 (2) , office@cechova.sk, Branch Office: Avenue d Auderghem 36, B-1040 Brussels, Belgium, tel.: +32 (0) , fax: +32 (0) , brussels@cechova.sk,