commercial contracts news
Read through our experts' news on commercial contracts.
Find our commercial contracts team's articles and publications here:
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Montenegro's evolving legal landscape: recent amendments and controversies in games of chance regulation
Montenegro's Law on Games of Chance (the "Law") was enacted in 2004 and has undergone multiple amendments since. The most recent ones came into effect on 1 January 2024. The aim of the amendments, as stated by the competent authorities, is to ensure a sustainable regulatory system for organising games of chance via the internet or other telecommunication means, as well as to generate additional revenue from these activities. This objective is to be achieved through measures aimed at establishing a variable concession fee for the organisation of online games of chance, a provision not envisaged in the prior legal framework in this area. Another measure to achieve the set goal is to introduce a ban on participation in foreign games of chance via the internet and other telecommunication means for which bets are paid on the territory of Montenegro.
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Controversial amendments to the Macedonian gambling regulation
North Macedonia is currently in the process of amending the Games of Chance and Entertainment Games Act (the "Gambling Act"). Earlier in February, the Macedonian Parliament adopted the amendments to the Gambling Act, but President Stevo Pendarovski declined to sign the Decree for entry of the amendments into force, consequently returning them for further redrafting.
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Lessons learned from recent ECJ case law
Even if the original version of the Council Directive 93/13/EEC on unfair terms in consumer contracts has been in force since 16 April 1993 its significance is apparent from the abundance of case law handed down to date. As courts in various jurisdictions increasingly refer to this case law, sellers or suppliers cannot afford to neglect it when drafting their general terms and conditions (GTC).
Nevertheless, the European Court of Justice (ECJ) is still able to surprise consumers and sellers or suppliers with its case law and its consequences.
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2024
CEE
CEE team
Youth and beauty (on the edge between cosmetics and medicine)
When prompted to list the top 10 human fears, an OpenAI language model started with the fear of death and ended with the fear of rejection. The AI's advice on how to overcome these fears was clearcut: accept the impermanence of life and find meaning.
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Ready, set, DSA
The Digital Services Act ("DSA") is already applicable to the big internet players and from 17 February 2024 will finally apply to all other intermediary services too. There are many new obligations, but what does this mean practically speaking? And does the DSA even apply to your business at all? What do you need to change on your website, in your internal compliance system or in your general terms and conditions? What do you have to report to authorities? And what can happen if you fail to comply? We have you covered.
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EuGH 25.01.2024, C-810/21 Caixabank ua | Schoenherr Financial Services Litigation News
EuGH 25.01.2024, C-810/21 Caixabank ua: Beginn einer zehnjährigen Verjährungsfrist für einen Anspruch auf Rückforderung geleisteter Zahlungen aufgrund missbräuchlicher Klauseln erst ab Kenntnis des Anspruchs.
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Bulgaria: Contractual set-off as a quasi-security in commercial and financial transactions
The Supreme Court confirmed parties' freedom to contractually modify any of the prerequisites for set-off under Bulgarian law, thus permitting various quasi-security arrangements in commercial and financial contracts that creditors may avail themselves of.
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NFT: An all-round legal view of Non-Fungible Tokens | Webinar
Did you miss our webinar, or do you want to listen to the discussed topics again? Watch the NFT webinar video recordings here!
roadmap
2021
Quickly adapt with an e-commerce presence and digital business models
The COVID-19 crisis has forced many businesses to sell their goods and services online. Limitations on the number of people who can enter a store or restaurant have made e-commerce solutions necessary even for companies that have never used this channel before.
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Czech Republic: Top ten most common mistakes in terms & conditions for e-shops (not only) in the time of coronavirus
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Is Italian coffee really from Italy? What about the origin of Belgian chocolate? It will be clearer for consumers soon
Italian coffee, Belgian chocolate… Everyone apparently knows that coffee is not grown in Italy.
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Selected provisions of terms & conditions for e-shops
Terms and conditions are an indirect arrangement that entrepreneurs and consumers both encounter when engaging in transactions.
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Business in Bulgaria under the new State of Emergency Law of 13 March: Suspended and postponed, but no actual economic support
Over the last few weeks, world leaders have likened the fight against COVID-19 to a war. Urgent measures are required to protect health and lives, justifying a wide range of economic measures, irrespective of their consequences.
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Auswirkungen der COVID-19-Krise auf Verjährungsfristen
Das 2. COVID-19 Gesetz, das nach der Kundmachung im Bundesgesetzblatt (BGBl 16/I/2020) mit Beginn des 22.03.2020 in Kraft getreten ist, enthält auch ein Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz.
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Czech Republic: What changes will impact your business in connection with COVID-19?
General overview of the coronavirus pandemic and current safeguards
media coverage
Wenn Verträge wegen Corona unerfüllbar werden
This article was first published on DerStandard, 19.3.2020
Die Bekämpfung des Coronavirus bedingt massive Einschränkungen für uns alle. Auch in Vertragsbeziehungen können als Folge der Corona-Krise zahlreiche Probleme auftreten
roadmap
2020
bulgaria croatia czech republic hungary romania slovakia slovenia poland serbia türkiye austria
G.Petkova A.Mihaljević* L.Dočekalová S.Bednář A.Turi M.Kovács S.Lazăr B.Rajić J.Primožič M.Lučivjanský
cee overview - business to consumer protection
Consumer protection as a strategic goal of the EU
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Austria: What does "limited space" mean under the Act on Distance Contracts and Off-Premises Contracts?
Directive 2011/83/EU of 25 October 2011 on consumer rights (the "Directive") and the Fern- und Auswärtsgeschäfte-Gesetz (the "FAGG") impose many information obligations on traders before the consumer is bound by a distance or off-premises contract, or any corresponding offer.
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Austria: Commercial agent's trial for trial period compensation
Earlier this year, the ECJ ruled that commercial agents are generally entitled to compensation, even if the distribution agreement was terminated during a trial period.
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Romania: Significant changes to the payment of contravention fines
The payment methods of contravention fines have been simplified as of 24 August 2018 by Act No. 203/2018, on the measures to increase the efficiency of the payment of contravention fines, published in the Official Gazette, Part I, no. 647 of 25 July 2018 (the "Law"). The Law sets forth measures aimed at facilitating the payment of contravention fines.