Legal Insights
Each week, Legal Insights offers a brief but insightful treatment of a topic of current legal interest. Whether it’s a short article on a recent legal development or an interview with one of our leading legal experts, Legal Insights promises to be both informative and interesting reading.
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| Date | Title |
|---|---|
| 14. 05. 2012 |
Austria: New Fees Regime for Public Procurement Review Proceedings
The Fees Regulation for proceedings before the Federal Public Procurement Office (Bundesvergabeamt ‒ BVA), in force since 13 April 2012, entailed a simplification of the fees regime. However, the Fees Regulation has introduced a new category of increased fee rates and raised the existing rates. At least, the reduced fee rates for certain applications have been maintained. The Fees Regulation also applies to proceedings under the new Federal Law on the Award of Contracts in the Fields of Defence and Security (BVergGVS). |
| 08. 05. 2012 |
Austria: Employers have to pay EUR 110 for each termination
In the course of the second stabilisation package 2012*, the new § 2 b Labour Market Policy Financing Act (Arbeitsmarktpolitik-Finanzierungsgesetz – AMPFG) was agreed upon. According to the current government bill**, the new § 2 b AMPFG will apply for certain terminations of employment after 31.12.2012. This provision triggers an additional financial burden for employers. |
| 02. 05. 2012 |
Czech Republic: Major amendment to the Public Procurement Act
As of 1 April 2012, the Czech Public Procurement Act (Act No. 137/2006 Coll.) has been significantly amended. The aim of the Amendment, according to its promoters, is to obtain the best price without the possibility of collusion. For this reason, the Amendment brings many changes to the Act, which have to be taken into account in the field of public procurement. |
| 23. 04. 2012 |
Austria: Recent Public Procurement Law Introduces a New Award Procedure while a Last-Minute Regulation Dispels Confusion on Threshold Values
An amendment to the Austrian Public Procurement Act (PPA), in force since 1 April 2012, introduced, inter alia, a new direct awarding with prior notice and simplification measures in the sub-threshold area. However, these novelties were initially outshone by the confusion on contradicting threshold values. The latter was caused by a conflict between the amendment to the PPA and the Austrian Threshold Values Regulation (TVR). |
| 16. 04. 2012 |
Poland: The most important rulings of the Supreme Court
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| 12. 04. 2012 |
Bulgaria: The Bulgarian Parliament marks the first anniversary of the Renewable Energy Law of 2011 with its first amendment
The Bulgarian Parliament approved the effective Renewable Energy Law in April 2011. A year later, the regulatory framework introduced by the law underwent its first serious revision, as the amendment of the law, which had been discussed for months, entered into effect on 10 April 2012. |
| 10. 04. 2012 |
Slovakia: A new subordination rule entered into force: the role of related party creditors in bankruptcy post Amendment to the Slovak Bankruptcy Act
As of January 1, 2012, the Slovak Act on Bankruptcy and Restructuring (Act No. 7/2005 Coll.) has been amended to introduce a statutory subordination of claims of related credi-tors (Section 95(3) of the Slovak Bankruptcy Act). The Amendment affects the ability of creditors to obtain satisfaction from companies in bankruptcy by classifying claims by “related” parties as subordinate to other claims. |
| 28. 03. 2012 |
Austria: Claim Management
Construction projects are expensive, and they usually end up being more expensive than agreed. The principal often tries to mitigate this risk by concluding a lump-sum contract. |
| 26. 03. 2012 |
Schoenherr's Italian Desk: La vita e' bella nel centro-est Europa
Schoenherr's Italian Desk was established in April 2008. It is headed by Daniele Iacona, based in the Bucharest office. Legal Insights spoke with Daniele about the Italian Desk in 2009 (see www.schoenherr.eu/news-publications/legal-insights/qua-head-of-schoenherrs-italian-desk). Here is an update. |
| 05. 03. 2012 |
Czech Republic: Amendment to the law of conflict of interest and its impacts on intra-group securities
On 1 January 2012 the legal framework regarding conflict of interest in Sec. 196a of the Czech Commercial Code (“CC”) was significantly changed by an amendment of the Commercial Code, followed by a recent decision of the Czech Supreme Court, which turned the old practice upside down. |
