The Supreme Court of the Czech Republic issued on March 10, 2026 decision file no. 26 Cdo 235/2026which brings important clarification on the interpretation of the concept of customer base according to Section 2315 of the Civil Code, in particular in relation to the tenant's claims at the end of the lease.
What is a customer base?
The Supreme Court emphasized that only such a customer base can be considered a group of clients who have a real relationship with a specific space – that is, they return to it repeatedly and use the services provided there or purchase goods. Therefore, the decisive factor is the connection of customers to a given place of business, not just the existence of business relationships.
What is not a customer base?
At the same time, the decision can define situations where the customer base will generally not be involved. Typically, these are cases where there is no contact with customers at all or only exceptionally, or where the customer relationship is linked to the person of the entrepreneur rather than to a specific space.
Customer base and subletting
The decision also brought significant conclusions in relation to subletting. The Supreme Court concluded that subtenants are not customers of the tenant, and therefore their totality does not constitute the customer baseIn addition, if the tenant approaches the subtenant in order to fulfill his contractual obligations, it is not about creating clientele, but about fulfilling the obligation under the lease agreement.
The decision thus confirms that the protection under Section 2315 of the Civil Code applies only in cases the existence of a real and space-bound clientele. Not every economic activity carried out in leased premises therefore automatically gives rise to a claim for compensation after the end of the lease. This may have a significant impact on future decisions in similar disputes.
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