The Supreme Court of the Slovak Republic Confirmed the Decisive Moment for the Creation of an Easement Related to Telecommunications Infrastructure

In a dispute concerning compensation for restrictions on the use of real estate resulting from the installation of public telecommunications equipment, we successfully represented a telecommunications operator in defending its right to continue operating telecommunications infrastructure even after the termination of the lease agreement.

Supreme Court of the Slovak Republic confirmed that a statutory easement arises upon the actual placement of telecommunications equipment on the property, and not only upon its registration in the Land Registry. At the same time, the Court emphasized that the coexistence of a lease relationship and a statutory easement is possible, as these are two separate legal institutions serving different purposes.

The decision also addresses the issue of adequate one-off compensation for restrictions of ownership rights, confirming that the claim for such compensation arises on the date the equipment is installed. Several conditions must be met for a statutory easement to arise, including the existence of a public interest and the limitation of ownership rights only to the extent strictly necessary.

We are pleased to have contributed to a case whose significance extends beyond the individual claim of Orange Slovensko and may also have broader implications for the operation of public electronic communications networks in Slovakia. The Supreme Court’s decision has contributed to strengthening legal certainty in the area of telecommunications infrastructure and easements.

📄 The judgment is available here:
Supreme Court Judgment

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