Latest development Oct 16, 2026
ČEZ filed suits in Luxembourg to lift the attachment orders on the GasNet holding companies.
The award
- Amount awarded
- CZK 4.09 billion in lost profits plus CZK 4.24 billion in interest to June 30, 2007 (CZK 8.33 billion), plus further interest (2008 award). The treaty award of May 18, 2022 granted the same sums, about $350M plus interest, with amounts collected under the 2008 award to be deducted.
- Current estimate
- Diag Human’s claim is put at about CZK 17 billion, nearly €700M (ČEZ notice and Paperjam, October 2026).
- Award holder
- Diag Human SE (2008 award) and Josef Šťáva (2022 treaty award, now payable to him alone under the English Court of Appeal’s order)
- Respondent
- Czech Republic (Ministry of Health)
- Forum
- Ad hoc arbitration under Czech law (2008 award) · PCA Case No. 2018-20, Czech–Swiss BIT, UNCITRAL, seat London (2022 award)
Challenges
The Czech Republic argues that the 2008 award has no legal effect because a review panel later terminated the proceedings, and courts in England, the Netherlands, Austria, France, Switzerland, and the United States (D.C. Circuit, October 26, 2018) ruled for the Czech Republic in enforcement proceedings. For the 2022 treaty award, the English Court of Appeal set aside the part in favor of Diag Human SE and confirmed the full award in favor of Mr. Šťáva (May 7 and July 28, 2025). The UK Supreme Court granted both sides permission to appeal on December 18, 2025 and lists the hearing for November 23 to 25, 2026.
Enforcement
Luxembourg courts declared the 2008 award enforceable in 2011 (upheld on appeal in 2017 and in cassation in 2018) and upheld the attachment of Czech assets at two Luxembourg banks in 2019. In October 2026, a Luxembourg bailiff served attachment orders on Czech Gas Networks S.à r.l. and Czech Gas Networks Investments S.à r.l., the GasNet holding companies in which ČEZ (about 70% state-owned) holds 55.21%. ČEZ says it owes Diag Human nothing and has sued in Luxembourg to lift the orders.
Recovered to date
None reported under the 2008 award. The Czech Republic paid CZK 326 million in 2002 for damage to the company’s reputation, at an earlier stage of the dispute.
Notes
Sources give the 2008 award date as August 4, 2008 (English Court of Appeal) or August 13, 2008 (E15). The dollar figure for the treaty award is approximate. The full scope of the October 2026 Luxembourg orders is not public.