These misconducts were also confirmed by the subsequent legal analysis, which indicated that the inspection had been based on a wrong legal basis and was contrary to the Czech legislation (Acts No. 320/2001 Coll. and No. 552/1991 Sb.) as well as documents elaborated by the MOA itself (Status of the Company and The Minister’s Order). The inspection thereby does not respect rules set regularly by the MOA for carrying out its founding activities. “At the same time we are surprised that the supervisory board and the ministry’s inspection division were not even included in the inspection, since these are the bodies used by the ministry for its inspections along with invited external experts in accordance with the rules of procedure of the supervisory board and from the logic of the matter itself. In this case, e.g. the supervisory board of the corporation had not even been informed,” says Budweiser Budvar’s PR manager Petr Samec.
Budweiser Budvar, N.C. therefore raised the following objections against the inspection, at the same time asking the minister for their removing as well as making the legal basis of the inspection in accordance with all legal regulations:
1. the inspection was based on a wrong legal basis and is fully contrary to the Czech legislation (Acts No. 320/2001 Coll. and No. 552/1991 Sb.) as well as the Status of the Company issued by the MOA on 19th May 2008 and the Minister of Agriculture’s Order No. 5/2011 of 23rd March 2011
2. the factual and time content is missing
3. despite the fact that under the law the inspection team should include only the MOA’s employees, no employees of the MOA were designated for the inspection group
4. an objection was raised against the authorisation of JUDr. Tomáš Jindra as the head of the inspection group, as he is not the MOA’s employee and his authorization is therefore fully contrary with Act. No. 320/2001 Coll. It can be deduced from public sources that the head of the inspection group has been closely cooperating with Mr. Ritting whose objectivity and impartiality is a question of well-founded doubt.
All the dealings with the invited external experts from the inspection group have been conducted correctly from the Budvar’s side; their requirements have been registered by the corporation and the supporting documents are being prepared accordingly. The supporting documents will be handed over immediately after a judgement is given regarding Budvar’s objections, which had to be raised against the Authorization No. 02/2012/MOA by law.