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EU: Puma faces design protection hurdle after Rihanna's Instagram exposure

The publication of designs prior to filing for EU-wide protection can lead to invalidity. A sneaker design by Puma was declared invalid due to its prior publication by Puma creative director Rihanna on Instagram.

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newsletter

13 March 2024

slovenia

Ž.Žabnikar

Navigating through the new additions to the Slovenian insolvency framework

The long-awaited amendment "H" of the Slovenian Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (the "Act") entered into force on 1 November 2023. The new provisions complete the transposition of Directive 2019/1023,[1] introducing three crucial sets of changes to the Slovenian insolvency and restructuring legislation.

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newsletter

Bulgaria closes the gap: new FDI screening regime enters into force

As reported, last month the Bulgarian parliament adopted the final text of a bill to amend the Investment Promotion Act, implementing the screening mechanism outlined in Regulation (EU) 2019/452 (the "EU FDI Screening Regulation") (see here for our previous Legal Insight).

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newsletter

06 March 2024

austria

M.Pressler

Successful MiCAR licensing: FMA publishes roadmap for Crypto-asset service providers

As the regulatory landscape for crypto-assets undergoes a significant transformation with the European Union's implementation of the Markets in Crypto-Assets Regulation (MiCAR, Regulation (EU) 2023/1114), attention turns to the preparatory steps entities must take to comply with these new standards. Against this backdrop, the Austrian Financial Market Authority (FMA) has recently published preliminary guidance on the MiCAR licensing process for crypto-asset service providers (CASPs). These guidelines outline the steps CASPs need to consider and the FMA's expectations in the lead-up to full MiCAR applicability after 30 December 2024.

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newsletter

Bulgarian Parliament adopts FDI screening regime

Note: The following is based on the final text of the bill on the amendment of the Investment Promotion Act as at the publication date and is subject to amendment pending the finalisation of the act.

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newsletter

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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newsletter

22 February 2024

austria

B.Rajal

Austria: UPDATE Erneuerbares-Gas-Gesetz (EGG)

Der Ministerrat hat sich zu einer Regierungsvorlage zum EGG durchgerungen. Dadurch rückt die Phase eines Investitionsbooms für Biomethananlagen in Österreich ein Stück näher. Österreich muss den Anteil erneuerbarer Gase bis 2030 schrittweise um den Faktor 50(!) erhöhen! Eine Herkulesaufgabe. Gegenüber dem Begutachtungsentwurf gibt es weitgehende Änderungen (ua einen neuen Fördermechanismus für Gasversorger).

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newsletter

15 February 2024

austria

C.Jirak V.Dignös

Austria: Night-time marking of wind turbines

The Austrian Federal Government plans to amend the Austrian Aviation Act (Luftfahrtgesetz; LFG) to allow for on-demand night-time marking of aviation obstacles, such as the beaconing of wind turbines.[1] This is intended to reduce light emissions, especially at night.

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newsletter

12 February 2024

romania

S.Lazăr V.Stropșa

Romania: Implementation of NPL Directive in Romania slowly advancing

Romania is currently taking steps to transpose Directive EU 2021/2167 on credit servicers and credit purchasers (the "NPL Directive") into national law. Credit institutions, non-banking financial institutions ("NBFIs") and debt recovery entities performing credit servicing activities are keeping a keen eye on two draft bills meant to implement the NPL Directive. Up for public debate in late 2023 and early 2024, these two normative acts shed light on some new obligations, while raising several practical questions.

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newsletter

Erste OGH-Entscheidung zu neuen Klagen zur Kreditbearbeitungsgebühr: Intransparenz bei auch nur möglicher Überschneidung mit anderen Gebühren; Zulässigkeit offen

Seit 2016 beurteilte der OGH in ständiger Rechtsprechung die Vereinbarung einer Kreditbearbeitungsgebühr als zulässig, weil sie nicht der Inhaltskontrolle unterworfen sei und selbst wenn sie wäre: Kunden würden durch sie nicht gröblich benachteiligt.[1]

 

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newsletter

08 February 2024

romania

V.Cordea C.Olariu

Romania shifting to an auction-based power grid access mechanism

Against the backdrop of the gradual exhaustion of available grid capacity, the Romanian energy market watchdog ("ANRE") recently published a draft order contemplating an overhaul of the grid capacity booking method available to producers (the "Draft Order"). Departing from the current approach of grid capacity granted bilaterally on a first come first served basis, the new rules lay down a competitive mechanism, enabling producers to book grid capacity through auctions.

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newsletter

06 February 2024

hungary

D.Gera Á.Kovács

Hungarian government adopts new decree to tackle shrinkflation

Most of us have likely encountered a situation where we bought our favourite chocolate at the grocery store, only to be surprised upon opening it at home to find that the size and weight of the chocolate had decreased, while the packaging and price remained unchanged.

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newsletter

05 February 2024

romania

F.Buta

Romania: A simpler path for credit institutions to outsourcing arrangements

Exciting developments are on the horizon for the Romanian banking community, as efforts are underway to streamline the framework regulating outsourcing arrangements. The National Bank of Romania ("NBR") has introduced a new regulation (the "Draft Regulation"), which is up for public consultation on the NBR's website. This proposed regulation aims to transpose a wider set of obligations for credit institutions in this respect.

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newsletter

The contractor's liability for the wage claims of its subcontractors in the construction industry

On 1 January 2024, an amendment to the Labour Code came into force that introduces final liability of the construction contractor for wage claims filed by third parties against its subcontractors. This includes wage claims from any employment agencies, up to the amount of the statutory minimum wage for each employee engaged in activities for the subcontractor.

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newsletter

New notification obligation for Czech energy sector transactions

Effective 1 January 2024, the Czech Energy Act (No. 458/2000 Coll.; "EA") mandates notification to the Ministry of Industry and Trade for both direct and indirect acquisitions of elements of energy critical infrastructure. The parties will be under a standstill obligation until the transaction is cleared. Notably, the triggering event is set to 10 % of shares or voting rights or even lower. Let's take a closer look at the new transaction review feature.

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newsletter

29 January 2024

hungary

L.Krüpl

Hungary's Land Registry system enters the 21st century

On 15 June 2021, the Hungarian Parliament passed Act C of 2021 on Land Registration that was supposed to enter into force on 1 February 2023. As this deadline neared, it became evident that neither private citizens, companies, lawyers nor authorities were adequately prepared for the change.

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newsletter

Austria: Neu im ElWG-Entwurf: Bestehende Netzanschlussverhältnisse in Gewerbe- und Industrieparks sollen (geschlossene) Verteilernetze werden

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newsletter

25 January 2024

hungary

A.Turi M.Kovács

Hungarian competition law and enforcement trends

Significant amendments were implemented to the Hungarian Competition Act in 2023, with the Hungarian Competition Authority (HCA) exhibiting remarkable activity across diverse sectors. What can companies expect in 2024?

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newsletter

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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newsletter

New competition tool and call-in power for mergers in Czechia?

The Czech Competition Authority (CCA) recently announced that it prepared a proposal to update the Czech Competition Act (the "Act"). While at present the proposal is just a set of ideas, it indicates how Czech competition enforcement may evolve in the years to come. Crucially, the CCA suggests deploying a "new competition tool" that will allow it to intervene even without proof of anticompetitive agreements or abuse of dominance. In addition, it wants to have call-in powers for under-threshold mergers.

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newsletter

19 January 2024

north macedonia

Navigating the legal landscape of the Macedonian growing start-up sector

Macedonian start-up ecosystem is in a state of constant evolution, driven by legal reforms fostering innovation and entrepreneurship. With the introduction of the simplified limited liability company, convertible loans, digital payment systems and expanded global market entry, these legal changes have played an important role in advancing the Macedonian start-up scene. Nonetheless, it is crucial to systematically address pertinent legislative updates to ensure continual growth and competitiveness in the dynamic global market.

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newsletter

15 January 2024

romania

G.Bădescu

Competition outlook: will 2024 be a game-changing year for antitrust and foreign investment control in Romania?

As Carl Sagan aptly stated, "You have to know the past to understand the present." Furthermore, I would argue that knowing the past is also essential for trying to project the future. The historical landscape of antitrust and foreign direct investment ("FDI") control in Romania is, as some of you may expect, complex and, to a certain extent, even frustrating.

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newsletter

Entwurf des neuen ElWG: Der "Untergang" des Versorgers, der "neue" Lieferant und vieles mehr

Am 12.01.2024 ist der Entwurf des neuen Elektrizitätswirtschaftsgesetzes (ElWG-Entwurf) in Begutachtung gegangen. Das ElWG wird das in die Jahre gekommene ElWOG 2010 ersetzen. Das ElWG ist eine "kleine" Revolution, weil es ua bestehende Marktrollen wie jene des Stromlieferanten neu definiert und bislang nur faktisch existierende Marktteilnehmer (zB Aggregatoren) gesetzlich reguliert. Der Strommarkt wird dadurch und durch viele andere im ElWG vorgesehenen Änderungen neu strukturiert. Eine große Chance, aber auch Herausforderung für alle Marktteilnehmer.

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newsletter

10 January 2024

poland

K.Sulimierska

Poland amends its Zoning Act

An amendment to the Polish Zoning Act came into force on 24 September 2023. The general plan will replace the study of conditions and directions of spatial development of the commune. Unlike the study, it will be an act of local law. This means that its findings will serve as the foundation for the adoption of local zoning plans and the issuance of zoning decisions. It will need to define planning zones and municipal urban planning standards. It will also be possible to determine areas for supplementing development and areas for supplementing the development of the downtown core. The plans will have to be prepared by the end of 2025.

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newsletter

10 January 2024

hungary

D.Gera D.Halmosi

Navigating changes: key changes in labour and immigration law in 2023 in Hungary

2023 has brought about a series of changes that impact both employers and individuals seeking opportunities in the country. This round-up piece will explore the key developments that have shaped Hungarian employment and immigration law over the past year.

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newsletter

04 January 2024

poland

P.Klimek-Woźniak

New restrictions on the sale of energy drinks in Poland

The sale of popular drinks containing taurine and caffeine, commonly referred to as "energy drinks", has been limited from 1 January 2024 in accordance with provisions introduced in the Act of 17 August 2023 amending the Public Health Act and certain other acts (Journal of Laws of 2023, item 1718). The prohibition of their sale to minors has been incorporated into Polish law and they cannot be sold in schools and other educational institutions such as kindergartens or school libraries or through vending machines.

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newsletter

Austria: A band-aid for the Brexit aftermath in cross-border litigation

The UK has not been a member of the European Union and thus of the comprehensive European framework for cross-border civil litigation since 1 January 2021. Within the EU, the Brussels I Recast-Regulation (Regulation [EU] 1215/2012) not only provides a set of common rules on the jurisdiction of the courts but also ensures rapid and simple recognition and enforcement of judgments in civil and commercial matters issued in the Member States. Under the Brussels I Regulation, judgments are enforceable without any declaration of enforceability. A judgment rendered in France or Romania can be enforced in Austria without much trouble and vice versa.

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newsletter

Austria's new company form: introducing the "Flexible Company" (FlexCo)

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newsletter

13 December 2023

hungary

D.Gera D.Halmosi

ECJ decision on working time in Hungarian case

In a landmark decision this year, [1] the European Court of Justice (ECJ) interpreted EU Directive 2003/88/EC on working time. The dispute on which the decision was based originated from Hungary and addressed the interplay between daily and weekly rest periods. It also set a precedent leading to a diversity of legal opinions and the need for legislative changes in Europe, particularly in Hungary.

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newsletter

06 December 2023

hungary

G.Szalóki

Rules on sales with retention of title: important legal information for Hungarian companies trading with Germany

In import-export transactions across Europe, it is common for sellers to protect the assets they have sold by retaining the ownership title until the buyer has paid the full purchase price. Retention of title allows sellers to reclaim the assets if the buyer fails to pay, and even if the buyer goes bankrupt before payment is made. In Hungary, however, such an arrangement can lead to unpleasant surprises for sellers.

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newsletter

Neuerliche Anhebung der EU-Schwellenwerte für europaweite Vergabeverfahren

Nach der letzten Anpassung im Jänner 2022 werden die Schwellenwerte für EU-weite Vergabeverfahren mit 1. Jänner 2024 neuerlich angehoben. Mit den am 16.11.2023 veröffentlichen delegierten Verordnungen der Europäischen Kommission "2023/2495", "2023/2496", "2023/2497" und "2023/2510" wurden folgende Anhebung der Schwellenwerte bekannt gemacht:

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newsletter

21 November 2023

serbia

I.Panić

Serbia: Will FAC-1 resolve issues in FIDIC multiparty contracts in the Eastern Balkans?

In recent years we have seen major infrastructure projects in the Eastern Balkans, ordinarily based on International Federation of Consulting Engineers (FIDIC) standards, face significant delays and impediments due to complex decision-making processes. Such projects have for a long time exceeded a structure that encompasses only the contractor, employer and engineer. They now include financiers (international institutions or other funds), beneficiaries and authorities, so the project structure and procurement have become even more challenging.

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newsletter

16 November 2023

austria

A.Tipotsch A.Hirsch

Equal rights for wines and glasses: EU extends protection of Geographical Indications to craft and industrial products

We can all think of names like Champagne or Feta cheese that are intrinsically linked to the geographical origin of a product and the know-how of its producers, often passed on over many generations. While many of these Geographical Indications (short: GIs) concern wines, spirits, foodstuffs and other agricultural products, the qualities attributed to specific local skills and traditions can also relate to non-agricultural products, such as jewellery, cutlery, glass, porcelain, textiles, lace, natural stones, woodwork, or hides and skins.

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newsletter

14 November 2023

hungary

A.Turi

Significant changes expected to Hungary's online accommodation booking market

The Hungarian Competition Authority (HCA) recently published a draft report on its findings based on an accelerated sector inquiry into Hungary's online accommodation booking market. The sector inquiry was launched on 24 August 2023 after the HCA received numerous complaints during the peak summer holiday season about the practices of Booking.com, a key market player, for withholding payments to accommodation providers.

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newsletter

Renewable Energy Directive - RED III

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newsletter

09 November 2023

hungary

A.Turi M.Kovács

Novelties in Hungarian competition law - 2023

Some significant amendments to the Hungarian Competition Act have entered into force. The Hungarian Competition Authority (HCA) has been very active recently in various sectors. This summary briefly describes the most important changes. Some of the changes require an update to the compliance materials for Hungary.

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newsletter

Offshore wind parks: a glimpse into Montenegro's future

The world has seen a significant shift towards sustainable energy sources in recent years. One of the most promising and rapidly growing sectors in the renewable energy industry is offshore wind parks. These structures that use the power of wind over the open seas are quickly gaining popularity as part of the global effort to combat climate change. This article will explore the global trend of offshore wind parks and shed light on Montenegro's potential in this eco-friendly energy source with a special focus on fixed-bottom wind parks.

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newsletter

06 November 2023

romania

A.Stoian

Romania introduces massive tax changes

Unable to keep its budget deficit under control, Romania announced a comprehensive package of tax measures earlier this year aimed at ensuring the country's long-term financial sustainability. These much-debated changes, which have polarised public opinion and were subject to claims of unconstitutionality, were eventually passed in October.

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newsletter

27 October 2023

poland

W.Kapica

Have ESG ratings hit the Polish market?

ESG ratings are all the rage these days, especially in the Polish banking sector. But there is still no one-size-fits-all methodology supervised by, for example, the European Banking Association. Instead, multiple rating institutions such as MSCI, Morningstar Sustainalytics, S&P Global and Sustainable Fitch, assess companies on their environmental, corporate governance and social attributes.

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newsletter

23 October 2023

bulgaria

I.Stoyanov

Bulgaria soon to adopt an FDI screening regime (Updated to reflect the latest amendments to the FDI screening bill as of the date of publication)

Bulgaria is one of the few remaining EU countries that have not yet adopted a foreign direct investment (FDI) screening regime. This is about to change with the introduction in late June of a bill on the amendment of the Investment Promotion Act, implementing the screening mechanism under Regulation (EU) 2019/452 (the "EU FDI Screening Regulation"). See here for our previous Legal Insight.

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newsletter

20 October 2023

romania

A.Șmahon M.Popescu

Romania: Who (else) can claim the nullity of a share transfer?

Can one or more of a company's shareholders claim that a transfer of shares to third parties by other shareholders is null, even if the claimants were not interested in acquiring those shares? And when faced with such a claim, would Romanian courts rule in favour of the claimant? A recent court ruling has answered both questions with a resounding "yes", opening new horizons in M&A-related matters in Romania.

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newsletter

FSR's notification system in effect since 12 October 2023

Today marks a turning point for the EU's anti-subsidy regime. The Foreign Subsidies Regulation (FSR) will now become fully operational. As of 12 October 2023, the European Commission (EC) can review deals and tenders under the FSR’s M&A and public procurement tools. Businesses are now also able and, where applicable, required to submit notifications on transactions and tenders in public procurement procedures. In this edition of our series, we explain why today is so significant. 

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newsletter

10 October 2023

poland

H.Kosińska

Easier way to switch from litigation to arbitration in Poland

While we were all enjoying the summer, new legislation amending the civil procedure came into force in Poland. Among many procedural details, one should not overlook a significant change – it is now easier to convert a dispute from litigation to arbitration.

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newsletter

Amendment to the Labour Code

The publicly discussed amendment to the Labour Code introduces a number of changes, in particular in the area of teleworking (work from home), agreements on employment performed outside the workplace, extended information obligations and service of documents. The amendment is set to come into force on 1 October 2023; only a limited part (holiday for contract workers) is set to come into force on 1 January 2024.

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newsletter

27 September 2023

czech republic

N.Rosová

What changes will the Czech Republic's new preventive restructuring act bring to debtors and creditors?

After a delay of more than a year, an act on preventive restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023. The long-awaited Act introduces a brand-new legal tool preventing the insolvency of viable enterprises in temporary financial distress.

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newsletter

27 September 2023

austria

F.Terharen

(Even) Stronger enforcement of the GDPR?

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newsletter

27 September 2023

serbia

M.Vlajković

Bridging the gap between Serbian regulations and the GDPR: Serbia's Data Protection Strategy unveiled

In late August 2023, at the initiative of Serbia's Data Protection Commissioner (the "Commissioner"), the Government of Serbia adopted the Data Protection Strategy for the 2023-2030 period (the "Strategy"). 

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newsletter

25 September 2023

serbia

M.Vlajković

German Supply Chain Due Diligence Act: implications for Serbian companies and supply chain

The German Supply Chain Due Diligence Act is a major advancement in the supply chain network, improving international human rights and environmental standards across the board. It focuses on issues of child labour, health and safety standards, and the role of trade unions, and will have substantial effects on all relevant parties concerned due to its scope and importance. For instance, the Act bans all sorts of conduct from discrimination to forced labour. Serbia in particular will be considerably impacted, since Germany is the country's largest trade partner. This article will therefore examine the nature of the Act and its implications for Serbia's companies and supply chain.

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newsletter

Private enforcement of the Foreign Subsidies Regulation

Regulation 2022/2560 ("FSR") aims to ensure a level playing field in the internal market. Understandably, a fair chance to compete on the internal market is not only in the interest of the EU, but also of market participants. Those that are disadvantaged by subsidies granted to their competitors may be expected to look for avenues to ensure that the FSR is enforced to its full potential.

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newsletter

21 September 2023

romania

V.Das Alexeev

Romania: Changes ahead for investment firms

The Romanian Financial Supervisory Authority (FSA) released for public consultation a draft regulation proposing amendments to its Regulation 5/2019 applicable mainly to investment firms and, in limited cases, to credit institutions providing investment services and/or activities and alternative fund managers.

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newsletter

20 September 2023

serbia

Serbia: How can corporate reputation be protected?

Corporate reputation is an organisation's most valuable intangible resource and may be defined as the public perception of the company and how it operates. It has its monetary expression and influences financial and social capital as well as market share. It can be positive and negative. Reputation is an essential aspect of any business. In today's digital age, a company's reputation can be easily tarnished through websites, social media, online reviews and news articles.

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newsletter

18 September 2023

hungary

Á.Hegyi

Do your customers know that your website is tracking them?

Many local enterprises use ad management and marketing tools from tech giants like Meta (formerly known as Facebook), TikTok and Google (Meta Pixel, TikTok Pixel, Google Analytics), enabling them to reach their intended audience more effectively and track visitor activity on their websites. You cannot find a marketing professional today who would not suggest at least one of these services to their clients.

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newsletter

12 September 2023

moldova

A.Guzun

Electronic notarisation in Moldova

On 26 May 2023 the Parliament of Moldova passed Law No.°126, which among other things implements certain novelties to the Moldovan Law on Notarial Procedure. Those relating to electronic notarisation will enter into force when the technical conditions referred to in the law are in place, but not later than 23 June 2026.

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newsletter

08 September 2023

poland

W.Kapica A.Goławska

Are gift cards money in Poland?

Gift cards have become more and more popular. They are bought as presents and some shops have a return policy where items bought physically can be exchanged only for a gift card of the equivalent amount. Are gift cards therefore to be regarded as money in Poland? If so, are the issuers required to obtain authorisation as a payment or electronic money institution?

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newsletter

EU: Hacking for plaintiffs' money?

The European Court of Justice (CJEU) likely anticipated a wave of GDPR-related referrals. Few such matters receive as much attention from the public and lawyers as questions on GDPR damages.

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newsletter

05 September 2023

romania

O.Constantinescu

Romania: DRS packaging to go live soon

The implementation of the deposit return system ("DRS") for bottled water, soft drinks, beer, cider, wine and spirits ("DRS products") in disposable plastic, glass or metal packaging of between 0.1l and 3l, will kick-off on 30 November 2023. As of that date, Romanians will be able to return the packaging of these beverages to the reverse vending machines provided by retailers or producers, as per the legal provisions.

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newsletter

The FSR general tool

On 12 July 2023 the general or ex officio tool of the FSR became applicable. The tool empowers the European Commission (EC) to investigate cases where foreign subsidies are suspected of having a distortive effect on the EU's internal market, even if they do not fall within the scope of the other two FSR tools (M&A tool and public procurement tool). This gives the EC a powerful instrument to tackle market distortions from subsidies granted by third countries.

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newsletter

31 August 2023

bulgaria

T.Krumov

Transposition of EU Restructuring / Second Chance Directive in Bulgaria: problems with new ipso facto prohibitions under commercial and financial transactions

"Bulgaria transposed the Restructuring Directive's prohibition to terminate contracts via ipso facto clauses, but also (deviating from the Directive) prohibited contractual set-off in restructuring, thus rendering the preservation of many contracts performed via contractual set-off / netting of payment meaningless. So, in drafting ipso facto clauses the impossibility to perform contracts in restructuring, due to the contractual set-off prohibition, may be utilised as an additional trigger for termination, now".

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newsletter

Redefining Montenegrin Spatial Planning and Construction Regulations

Montenegro intends to implement a profound shift in its spatial planning and construction regulations with the pending adoption of three distinct legal acts that will regulate the country’s spatial planning, the construction of facilities, and legalisation procedures.

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newsletter

Romania: Flavoured heated tobacco products soon to become history

Two months from now, the sale of flavoured heated tobacco products will be banned in Romania. Recent legislative changes aimed at aligning the country's laws with those of the European Union extend the prohibition of flavoured tobacco products from cigarettes and roll-your-own tobacco to heated tobacco products. Producers and traders will thus need to review not only their stocks, but also their labelling obligations when placing heated tobacco products on the market.

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newsletter

23 August 2023

austria

C.Jirak V.Dignös

Changes in EU emissions trading: on the road to climate neutrality

The European Union has adopted far-reaching reforms to the EU Emissions Trading System (EU ETS) to meet its ambitious target of reducing net greenhouse gas emissions by at least 55 % by 2030. These reforms are part of the "Fit for 55" package and are intended to play a central role in combating climate change. Below we provide a brief overview of the measures adopted and their national implementation.

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newsletter

22 August 2023

austria

C.Jirak V.Dignös

Änderungen im EU-Emissionshandel: Auf dem Weg zur Klimaneutralität

Die Europäische Union hat weitreichende Reformen im EU-Emissionshandelssystem (EU-ETS) beschlossen, um ihr ehrgeiziges Ziel einer Reduktion der Netto-Treibhausgasemissionen bis 2030 um mindestens 55% zu erreichen. Diese Reformen sind Teil des "Fit for 55"-Pakets und sollen eine zentrale Rolle bei der Bekämpfung des Klimawandels spielen. Nachstehend geben wir einen kurzen Überblick über die beschlossenen Maßnahmen und die nationale Umsetzung.

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newsletter

18 August 2023

serbia

M.Vlajković

Cutting Red Tape: Serbia's Simplified Permit Procedure for Foreign Employees

On 4 August 2023, the latest amendments to the Serbian Law on Foreigners and Law on Employment of Foreigners entered into force, with the most significant amendments taking effect starting from 1 February 2024.

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newsletter

18 August 2023

serbia

I.Panić A.Zorić

Embracing Change: Serbia's Latest Amendments to the Planning and Construction Act

Change is a constant, and usually completely natural in the world of legislation. Serbia's recent amendments to the Planning and Construction Act are most definitely no different. These amendments were voted upon and adopted on 26 July 2023 and came into force on 4 August 2023.

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newsletter

17 August 2023

bulgaria

I.Stoyanov

Bulgaria soon to adopt an FDI screening regime

Bulgaria is among a minority of EU countries that have not yet adopted a foreign direct investment (FDI) screening regime. This is about to change with the introduction in late June of a bill on the amendment of the Investment Promotion Act, implementing the screening mechanism under Regulation (EU) 2019/452.

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newsletter

16 August 2023

hungary

G.Horváth

Hungary launches new CfD support scheme targeting electricity storage operators

On 14 August 2023 the Hungarian Government issued Gov. Decree 382/2023 ("Decree") establishing the legal framework for the implementation and functioning of the new Contracts for Difference ("CfD") support scheme for electricity storage operators ("Storage CfD Scheme").

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newsletter

Romania launches new renewables CfD support scheme targeting 5 GW of onshore wind and solar capacities

Romania is on the verge of introducing a much-awaited new support scheme for renewable energy. On 7 August 2023, the Romanian Ministry of Energy launched for public consultations a draft decision approving the legal framework for the implementation and functioning of the Contracts for Difference ("CfD") support scheme for low-carbon technologies ("CfD Scheme").

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newsletter

08 August 2023

serbia

M.Vlajković

Rethinking EU-US personal data transfers and their effect on transfers from Serbia

The European Commission adopted a new system for EU-US personal data transfers, the Data Privacy Framework (DPF), on 10 July 2023. Its enactment, the "adequacy decision", is set to replace the invalidated Privacy Shield after it faced heavy criticism in the Schrems ll ruling. This will be the third attempt to devise an adequate method to protect personal data transfers from companies in the EU to the US, and we are yet to see any improvement in practice.

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newsletter

The public procurement tool

The public procurement tool is intended to prevent foreign subsidies (as defined in Art. 3 FSR and outlined here) from distorting competition in the internal market. This happens when companies are able to submit unduly advantageous bids that drive competitors unsupported by state funds out of the market, for example because they are subject to the strict prohibition of intra-EU State aid under Art. 107(1) TFEU. The need to counteract market-distorting subsidies from third countries is "particularly pronounced" in public procurement, since public contracts are financed with taxpayers' money.

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newsletter

03 August 2023

hungary

D.Gera Á.Kovács

Major legislative changes in Hungary's pharma and food industry

Significant legal changes occurred in the Hungarian pharmaceutical and food industry in the summer of 2023. According to Government Decree No. 333/2023. (VII. 20.), as of 1 August 2023, the National Public Health Centre (NNK) and the National Institute of Pharmacy and Nutrition (OGYÉI) merged, establishing a new authority, the National Centre for Public Health and Pharmacy (Nemzeti Népegészségügyi és Gyógyszerészeti Központ, NNGYK).

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Green loans may be Hungary's path to sustainable financing

In the world of finance, the rise of environmental, social and governance considerations has compelled bankers, investment professionals and banking and finance lawyers to reevaluate their mindset.

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02 August 2023

hungary

G.Szalóki

Hungary: Financing for Agriculture

Hungary’s agricultural sector has a rich historical tradition but faces challenges due to insufficient financing. The European Union’s Common Agricultural Policy (CAP) provides funding for farm restructuring and market support, while Hungarian farmers can seek financing from banks and cooperatives. The Hungarian government has also established various programs to provide financing for agriculture, including subsidies or machinery and technology investments and funding for training.

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Romania: How does the Mobility Directive change the M&A framework?

EU Directive 2019/2121 (also known as the "Mobility Directive") aims to create a reinforced framework for cross-border operations while ensuring the protection of employees, creditors and minority shareholders in the internal market.

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New Law on Employment of Foreign Workers in Hungary

On 13 June 2023, the Hungarian Parliament adopted a new law regulating the employment of foreign workers. The law introduces the concept of guest workers (third-country nationals from countries outside the EEA and from non-neighbouring countries) and establishes guidelines for their employment in Hungary.

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18 July 2023

austria

F.Terharen

Third time's the charm? EU-US Data Privacy Framework revamped and reloaded

On 10 July 2023, the European Commission adopted an adequacy decision for a lawful data transfer from the EU to the USA for the third time. [1] This means that personal data may again be lawfully transferred to the US. This will facilitate the use of US service providers for EU companies.

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Payment Services Directive 3 – Shaping the path for future payments in the EU

On 28 April 2023 the European Commission ("Commission") put forth a proposal (Link) to revise Directive (EU) 2015/2366 (Payment Services Directive, "PSD2"), which was adopted on the EU level in 2015 and transposed into Austrian law by the Payment Services Act (Zahlungsdienstegesetz 2018 – ZaDiG 2018).

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FSR becomes applicable today (12 July 2023)

In this edition in our series on the Foreign Subsidies Regulation (FSR), we focus on the significance of today's date – 12 July 2023. As of today, the FSR is applicable. But what does that actually mean?

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The FSR's M&A tool

The so-called M&A tool is probably the most impactful element of the Foreign Subsidies Regulation (FSR), affecting many global and even local transactions. A first read of the FSR's provisions may give the incorrect impression that the tool covers only few large transactions, but its impact may be much more significant than this. Let us take a closer look at what to keep in mind when engaging in an M&A transaction process.

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Navigating the foreign direct investment landscape: key changes and implications of the new Slovenian regime

Effective from 1 July 2023, a new foreign direct investment ("FDI") regime will come into effect in Slovenia, bringing significant changes to the scope and procedures surrounding FDI notifications.

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Regulation of nicotine pouches in the Czech Republic

Nicotine pouches are small pouches or pads containing nicotine and no tobacco. They are placed under the lip so that the nicotine is absorbed into the body through the mucous membrane. This alternative to traditional tobacco products, especially cigarettes, has been growing in popularity in recent years.

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26 June 2023

C.Haid

Russia Sanctions: 11th sanctions package

The 11th sanctions package with amendments to Regulation 269/2014 (here and here) and Regulation 833/2014 (here) was published in the Official Journal (here) on Friday.

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Is the German Supply Chain Due Diligence Act relevant for Czech businesses?

The German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz; "LkSG") is effective from 1 January 2023 for companies and branches based in Germany with more than 3,000 employees, with further extension to companies with more than 1,000 employees from 1 January 2024. Although a German law, the LkSG also affects the business partners of German companies under the scope of the LkSG located beyond the country's borders. As Czech companies are often primarily export-oriented – with Germany being the most important market – many Czech companies are already affected. This number will further increase in 2024.

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Romania moves towards authorising cryptocurrency exchanges and digital wallet providers

Cryptocurrency, fiat currency exchange services and digital wallet providers could soon become authorised in Romania. This comes on the heels of the Ministry of Finance publishing a draft government decision that seeks to create the legal framework for the authorisation and operation of these service providers.

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Czech Competition Authority blocks a merger: exception or start of new trend?

Last week, the Czech Competition Authority ("CCA") blocked an acquisition of part of První novinová společnost a.s. ("PNS") by Česká pošta, s.p. ("Czech Post"). While it is impossible to foresee the exact future of merger control enforcement in the Czech Republic, what is clear is that the CCA with this decision, whether intentionally or not, has sent a message to the market that it is ready to take the hardest line on a merger if it raises competition concerns. We summarize main details of the case and additional thoughts on its impact below.

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Sustainability-linked loans in Hungary

Sustainability is crucial for ensuring the long-term wellbeing of the planet and future generations. It encompasses responsible practices that preserve natural resources, mitigate climate change, and promote social and economic balance, ultimately creating a harmonious and sustainable world for all.

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13 June 2023

austria

H.Wollmann

What is a Foreign Subsidy?

Regulation (EU) 2022/2560 on Foreign Subsidies (the "FSR") aims to address distortions caused by foreign subsidies in the single market. In this part of our FSR Insight Series, we explain the fundamental notion of what constitutes a "foreign subsidy" within the meaning of the FSR. You will find a basic definition in Article 3 FSR, with some further considerations in recitals 11 to 16 of the Regulation.

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Hot off the press: Romanian FDI regime formally extended to EU investors

The Romanian FDI regime has formally shifted to a stricter approach, with EU (including Romanian) investors now being specifically covered. We refer to Law No. 164/2023 (the "FDI Law") aimed at implementing and amending Emergency Government Ordinance No. 46/2022 ("EGO 46"), which was published in the Official Gazette of Romania on 7 June 2023.

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The Foreign Subsidies Regulation Insight Series

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A new addition to the Polish legal system: the family foundation

Starting on 22 May 2023, it will be possible to establish and register family foundations in Poland. The Polish legal system will thus be expanded by a new institution that allows assets to be accumulated and managed, and profits to be distributed to beneficiaries. The legislature wished to provide the means for family-owned businesses and their owners to engage in intergenerational wealth management and to grow their wealth over time while protecting it from dispersal to unrelated entities and persons. Hence, family foundations may serve as a means to retain and multiply a family's wealth, independent of inheritance law.

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Virtuelle Gesellschafterversammlungen

Mit 30.06.2023 enden in Österreich die letzten Covid-Maßnahmen, virtuelle Versammlungen von Gesellschaften soll es aber auch in Zukunft noch geben.

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08 May 2023

austria

S.Khalil

EU: CJEU lowers threshold for GDPR damages

Last Thursday the Court of Justice of the European Union ("CJEU") issued a long awaited ruling on damages resulting from a data protection infringement (C-300/21). Since the Regulation (EU) 2016/679 (General Data Protection Regulation; "GDPR") came into force on 25 May 2018, claims for damages under Art 82 GDPR due to alleged data protection violations like unlawful data processing or incompliance with the GDPR as well as in the context of data breaches or leaks have been steadily increasing. The CJEU's recent ruling clarifies essential issues but raises just as many questions.

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05 May 2023

austria

N.Stepan

Austria: New Federal Electronic Announcement and Information Platform

The mandatory fee-based publication in the print medium of the Official Journal of the Wiener Zeitung (Amtsblatt der Wiener Zeitung) ("Official Journal") is going to be replaced by free-of-charge publication on the new Electronic Announcement and Information Platform of the Federation ("EVI").

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Bulgaria: The new Whistleblower Protection Act enters into force

On 4 May 2023 the Bulgarian Act on the protection of persons who report or make public information on breaches (Закон за защита на лицата, подаващи сигнали или публично оповестяващи информация за нарушения, "Whistleblower Protection Act" or "WPA")1 adopted earlier this year enters into force, giving effect to the provisions of Directive (EU) 2019/19372 and imposing a number of obligations on employers in both the public and private sector.

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25 April 2023

M.Pressler M.Nusser

MiCAR: Final steps towards the legal framework for crypto-assets

On 20 April 2023 the European Parliament ("EP") finally approved the regulation on markets in crypto-assets ("MiCAR").

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24 April 2023

N.Zafoschnig

EU Parliament approves new Emissions Trading System

On 18 April 2023, the EU Parliament approved the provisional political plan to reduce CO2 emissions in the EU agreed on by the Council and the European Parliament on 18 December 2022.

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News from the Czech and European regulation of financial institutions for April 2023

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17 April 2023

serbia

M.Vlajković

Serbia adopts ethics guidelines for artificial intelligence

On 23 March 2023, the Serbian government adopted Ethics Guidelines for the Development, Implementation and Use of Reliable and Responsible AI ("Guidelines"), which may be seen as yet another step in the process of harmonising Serbia's legislative framework with the European Union, following the Proposal for an AI Regulation announced by the EU Commission two years ago. The Guidelines largely rely on UNESCO's Recommendation on the Ethics of AI adopted in 2021, which Serbian representatives also helped create. Since the EU is awaiting its regulatory framework on AI, Serbia took the first step down this road as well.  

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Hungary's brand-new whistleblowing regime

On 11 April 2023, the Hungarian Parliament adopted a whistleblower protection act setting aside the previous one first adopted back in 2013. The new rules aim to finally transpose EU Directive 2019/1937 into the Hungarian legal system and impose substantial obligations on employers. The amendment will enter into force on the 60th day after its publication, which is expected in the upcoming days. This means that all employers concerned must be prepared to apply its new provisions during the summer.

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03 April 2023

hungary

G.Szalóki

Green finance in Hungary

The Central Bank of Hungary (MNB) is encouraging the banking sector to increase the level of green loans. To this end, significantly reduced capital requirements have been put in place when applying for loans, and green company bonds were introduced in summer 2020 as part of the MNB bond funding for growth scheme. The Hungarian government is now ready to intervene to achieve climate neutrality.

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20 March 2023

slovakia

P.Devínsky

Slovakia: New regulation promoting sale of healthy food in Slovak schools

As of 15 March 2023, a new regulation on the sale of certain types of foods in schools was introduced by Decree of the Ministry of Health of the Slovak Republic No. 75/2023 Coll., on details of requirements for facilities for children and adolescents (the "Decree"). The aim of the regulation is to provide a nutritionally valuable range of food in school catering establishments, mainly fresh vegetables and fruit.

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08 March 2023

hungary

D.Gera D.Halmosi

Gender equality in Hungarian workplaces

Gender equality in the workplace refers to the fair and equal treatment of individuals of different genders in all aspects of employment, including hiring, promotion, pay and job duties. Achieving gender equality is essential to creating a diverse, inclusive workplace that supports all employees.

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26 February 2023

hungary

A.Turi M.Kovács

HCA uses its powers to uncover roots of record-high food inflation

After the covid-19 pandemic, the EU economy is now being disrupted by the Russia-Ukraine conflict. The rising energy prices and disrupted supply chains have resulted in a further increase in inflation. According to the Hungarian Central Statistics Office, average inflation in Hungary was 24.5% in December 2022, the highest in the European Union. However, inflation of food products was even higher, reaching a staggering 44.8% year-on-year price increase by December 2022. This number is almost three times higher than the EU average.

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25 February 2023

C.Haid

Russia Sanctions: 10th sanctions package

The 10th sanctions package with amendments in Regulation 269/2014 (here and here) and Regulation 833/2014 (here) was published in the Official Journal (here).

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23 February 2023

austria

S.Wolf J.Mayer

Key developments in Austrian environment and climate change law in 2022: part two – case law

This article is part of a series on developments in Austrian environment and climate change law in 2022 and, in particular, focuses on case law developments. For further details on legislative developments see, "Key developments in Austrian environment and climate change law in 2022: part one – legislation".

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Romania: Deadlock in sale of Romanian farmland outside buildable areas finally cleared

A two-and-a-half-year deadlock impeding the sale of Romanian farmland located outside buildable areas and acquired less than eight years ago seems to have been finally cleared. On 2 February 2023 a much-awaited normative act came into effect, filling a series of legislative gaps and allowing public notaries to authenticate sale agreements for certain types of farmland located outside buildable areas.

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22 February 2023

czech republic

J.Kupčík

Czech Competition Authority opens food sector inquiry. How to prepare?

The Czech Competition Authority just announced that it will open a fast-track sector inquiry focused on the prices of four basic food items. While the items remain undisclosed, it is generally presumed that the inquiry follows political pressure regarding price increases of items like sugar, flour, butter, bread or milk. The focus of the inquiry will be on margins in all stages of the food supply chain. The Authority aims to identify why price increases in the four food items have even exceeded the latest inflation rates and whether there are unjustified margin increases on any level of the supply chain.

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21 February 2023

hungary

M.Kovács

Amendments to the Hungarian Trademark Act in 2023

Crucial amendments to the Hungarian Trademark Act entered into force on 1 January 2023. This Legal Insight briefly describes the most important changes.

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20 February 2023

austria

M.Woller

EU: The Unified Patent Court is alive!

A spectre is haunting Europe – the spectre of… the Unitary Patent. With Germany having deposited its ratification document on 17 February 2023, this spectre is finally coming to life: the European Patent with Unitary Effect ("Unitary Patent") and the Unified Patent Court ("UPC") system will enter their preparatory phase. The actual launch date (the date as of which Unitary Patents will be in effect and actions can be filed with the UPC) is set for 1 June 2023.

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17 February 2023

austria

B.Rajal M.Krzystek

Erneuerbares-Gas-Gesetz (EGG) mit Déjà vu: Die Strafzahlung für Gasversorger und die daran anknüpfende Frage der Weiterverrechnung an Endkunden!

Am 15.02.2023 wurde der Begutachtungsentwurf zum Bundesgesetz über die Einführung einer Versorgerverpflichtung für Gas aus erneuerbaren Quellen veröffentlicht ("Erneuerbares-Gas-Gesetz-Entwurf" – "EGG-Entwurf"). Der EGG-Entwurf sieht die Verpflichtung von Gasversorgern vor, einen bestimmten Anteil der von ihnen verkauften Gasmengen durch erneuerbare Gase zu ersetzen. Kommen Gasversorger dieser Verpflichtung nicht nach, drohen Strafzahlungen in Form eines Ausgleichsbetrags, der von der Regulierungsbehörde (E-Control) durch Bescheid vorgeschrieben wird. Die Strafzahlungen könnten nicht nur Versorger, sondern letztlich auch deren Endkunden zu spüren bekommen.

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15 February 2023

bulgaria

E.Todorova

Simplified procedure for constructing photovoltaic systems on rooftops in Bulgaria

The latest amendments to the Bulgarian Spatial Development Act introducing the simplified procedure for constructing photovoltaic systems on rooftops entered into force on 20 January 2023, easing the regime for the installation of small power plants.

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14 February 2023

austria

M.Zimmermann

Neugestaltung der Risikokomponente fondsgebundener Lebensversicherungen – wirklich?

Seit Jahren stellt sich vor allem in ertragsteuerlicher Hinsicht die Frage, wann bei fondsgebundenen Lebensversicherungen ein Versicherungsvertrag vorliegt. In der Vergangenheit waren wiederholt ausländische Versicherungsprodukte zur ertragsteuerlichen Beurteilung, ob es sich bei der Veranlagung um versicherungsfremdes Geschäft handelt, im Fokus. Allerdings stellt sich dieselbe Frage auch für inländische Versicherer aufgrund der Gleichbehandlung in- und ausländischer Versicherungsprodukte.

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Romania: New obligations under the deposit-return system for beverages packaging

As detailed in this article, in 2021 Romania adopted its new legislative framework introducing a deposit-return system applicable to non-refillable primary packaging made of glass, plastic or metal with volumes between 0.1l and 3l inclusive, containing water, juice or alcoholic beverages ("DRS").

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Producătorii și comercianții de băuturi în ambalaje primare nereutilizabile au noi obligații legale

Producătorii, importatorii și comercianții de băuturi ambalate în ambalaje primare nereutilizabile au noi obligații în cadrul sistemului de garanție-returnare („SGR”). Până la 28 februarie 2023, aceștia trebuie să se înregistreze în baza de date gestionată de către administratorul SGR, pentru a evita amenzile cuprinse între 4.000 și 10.000 EUR.

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08 February 2023

austria

F.Schneider

Schwellenwerteverordnung 2023 in Kraft getreten: Alles wieder beim Alten!

Die in § 12 bzw § 185 Bundesvergabegesetz 2018 ("BVergG 2018") normierten Schwellenwerte stellen die Grenze ("Schwelle") zwischen dem sog Oberschwellenbereich ("OSB") und dem Unterschwellenbereich ("USB") dar.

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08 February 2023

bulgaria

E.Todorova

Bulgaria: Amendments to the packaging waste legislation

New amendments to the packaging waste legislation were promulgated in the 100th issue of the Bulgarian State Gazette dated 16 December 2022. The amendments are in the Ordinance on Packaging and Packaging Waste (the "Ordinance") and are officially in force as of 20 December 2022. We have summarised the most important amendments below:

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07 February 2023

austria

J.Mayer S.Wolf

Key developments in Austrian environment and climate change law in 2022: part one - legislation

2022 was a busy year marked by the late effects of the covid-19 pandemic and the Russia-Ukraine conflict. The latter has led to the rethinking of energy matters. Austrian legislation in 2022 was, therefore, characterised above all by new developments and amendments in energy law, with a focus on the expansion of renewable energy. This article is part of a series on developments in Austrian environment and climate change law in 2022 and, in particular, focuses on legislative developments.

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02 February 2023

slovenia

M.Frantar

Slovenia: New requirements for consumer-facing industries

The new Slovenian Consumer Protection Act (Zakon o varstvu potrošnikov; ZVPot-1; "CPA-1") became applicable on 26 January 2023. The act implements three EU directives, specifically Directive (EU) 2019/21611, Directive (EU) 2019/7702 and Directive (EU) 2019/771.3 CPA-1 repeals not only the previously applicable Consumer Protection Act, but also the Consumer Protection from Unfair Commercial Practices Act (Zakon o varstvu potrošnikov pred nepoštenimi poslovnimi praksami).

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A closer look at the amended Czech consumer law: ban on "fake" consumer reviews

In recent months, we have seen several regulatory initiatives impacting the Czech online business environment. There is a lot to unpack, which is why we have prepared a series of Legal Insights to help you understand what will change in 2023.

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Better late than never: Slovenia last EU Member State to adopt GDPR implementing act

On 15 December 2022, the Slovenian Parliament finally adopted the Data Protection Act (Zakon o varstvu osebnih podatkov, ZVOP-2, "ZVOP-2"), a national law implementing the EU General Data Protection Regulation ("GDPR"). The act had been several years in the making, with the earliest draft released for public consultation back in 2017.

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18 January 2023

austria

M.Pressler M.Nusser

Austria: FMA präsentiert Aufsichts- und Prüfungsschwerpunkte für 2023

Die FMA veröffentlichte mit Ende des Jahres 2022 im Rahmen ihres Ausblicks auf das Jahr 2023 auch ihre Prüfungsschwerpunkte für das Jahr 2023. Die Veröffentlichung der Aufsichtsschwerpunkte soll sowohl die Marktteilnehmer und Stakeholder informieren als auch beaufsichtigten Unternehmen die Möglichkeit geben, sich gezielt auf die risikoorientierten aufsichtlichen Schwerpunkte im Jahr 2023 vorzubereiten.

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Czech Republic: Distribution agreements in the online world – what stays and what changes in 2023?

In recent months we have seen a number of regulatory initiatives with an impact on various aspects of the Czech online business environment go forward. There is a lot to unpack, so we have prepared a series of Legal Insights which will help you understand what will change in 2023. Through January, we are publishing three articles focusing on the most important legal developments. Today, our series continues with a second article focusing on B2B distribution agreements and their compliance with Czech and EU competition law. Specifically, we focus on online sales and changes relevant to Czech manufacturers, wholesalers and distributors.

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13 January 2023

hungary

A.Turi M.Kovács

Amendments to the Hungarian Competition Act in 2023: inflation has spilled over into the HCA's procedures

Crucial amendments to the Hungarian Competition Act entered into force on 1 January 2023, while others will on 1 February 2023. This article briefly describes the most important changes.

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12 January 2023

bulgaria

T.Krumov

Bulgaria: Practical problems of repurchase and securities lending transactions

"Repos and securities lending in Bulgaria are regarded as financial collateral, thus ensuring their enforceability. But some important contractual arrangements must be agreed upon by the parties wishing to avail themselves of such enforceability."

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11 January 2023

romania

A.Stoian

Romania: In a mild winter, a strong wind of tax changes

There will be a significant number of tax changes in Romania in 2023. While companies may welcome some of them, others will bring them additional tax costs this year or next.

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10 January 2023

austria

C.Haid J.Frank

The German Supply Chain Act: additional compliance measures required?

The German Supply Chain Act (Lieferkettensorgfaltspflichtengesetz; "LkSG"), which applies to companies seated in Germany or operating a German branch with 3,000 or more employees, entered into force on 1 January 2023.

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Strategische Aufsichtsprioritäten – der Umgang mit Verstößen bei IDD-Umsetzungen

Im Zuge der Implementierung der Versicherungsvertriebsrichtlinie (IDD) im Jahr 2018 in nationales Recht fand erstmals für Versicherungsunternehmen der § 129 Versicherungsaufsichtsgesetz (VAG) zum Thema Product Governance Einzug in das VAG.

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09 January 2023

north macedonia

North Macedonia: New Consumer Protection Act

A new Consumer Protection Act (the "Act") entered into force in North Macedonia on 15 November 2022.

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EU: New year, new… EU design law?

On 28 November 2022, the European Commission published its proposals for a Regulation amending Community Design Regulation No 2/20061 as well as a proposal for an amendment of the Community Design Directive2.

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05 January 2023

austria

F.Schneider

EU: The end of a dry spell – NIS 2 published

After several delays, the revision of the NIS Directive was published in the Official Journal of the European Union on 27 December 2022 in the form of Directive (EU) 2022/2555 ("NIS 2").

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Czech Republic: Upcoming changes to consumer protection

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30 December 2022

romania

M.Popescu A.Șmahon

Romania: Changes to the Companies Law

Recent years have brought significant progress in terms of formalities for the incorporation of legal entities that carry out economic activities.

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newsletter

Austria: The (new) provisions on unknown exploitation forms and the right of second exploitation in copyright contract law

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newsletter

16 December 2022

C.Haid

Russia Sanctions: 9th sanctions package

The ninth package of sanctions was published in the OJ (L 322I; here). Get an overview of the changes it introduces.

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15 December 2022

bulgaria

T.Krumov

Bulgaria: Contractual retention right as a security in commercial and financial transactions

Under art. 90, par. 1 of the Bulgarian Contracts and Obligations Act, a party may refuse to perform its obligations if there is non-performance by the counterparty under the same transaction ("Statutory Retention Right").

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newsletter

Full FDI screening regime adopted in Slovakia

Since 1 March 2021, Slovakia had a limited FDI regime applicable only to critical infrastructure. However, right after it was adopted, the government started preparing comprehensive legislation that would apply not only to selected industries but to all foreign investments in general (in line with FDI regimes in other EU Member States). After many drafts and lengthy negotiations, this new regime was finally adopted in late November 2022.

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newsletter

07 December 2022

austria

S.Wolf J.Mayer

New Supreme Administrative Court decision on Augarten lowering regarding specific rights of recognised environmental organisations

In a recent decision,1 the Austrian Supreme Administrative Court (SAC) addressed party status and the requirements for an eligible complaint by recognised environmental organisations (EOs)2 in permit procedures under water law.

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06 December 2022

poland

K.Pawlak

What's new in Polish corporate law?

The Polish Commercial Companies Code (the "CCC") contains new:

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02 December 2022

czech republic

J.Kupčík

A significant amendment to the Czech Significant Market Power Act

An amendment to the Czech Significant Market Power Act (the "SMP Act"), which should harmonise Czech law with the EU directive on unfair business practices (the "Directive"), was recently signed by the President and will become effective as of 1 January 2023.

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newsletter

Austria: The (new) transfer of rights by purpose in copyright contract law

The amendment to the Austrian Copyright Act introduces a whole range of new provisions on copyright contract law, strengthening the position of authors and performers1. In our first Legal Insight ("Austria: The (new) Copyright Contract Law") we provided some background information and an overview. In our second and third Legal Insights, we introduced the new remuneration provisions ("Austria: The (new) copyright remuneration rules for authors and performers") and the transparency obligation ("Austria: The (new) copyright transparency obligation"), which are based on the DSM Directive.

Now we want to have a look at the provisions adopted from the German Copyright Act, in this edition the transfer of rights by the purpose of the contract (Sec 31 para 5 German Copyright Act; Sec 24c para 1 Austrian Copyright Act).

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30 November 2022

austria

V.Weiss J.Kupčík

Foreign Subsidies Regulation: The new kid on the block

On 28 November 2022, the Council of the European Union gave its final approval to the Regulation on Foreign Subsidies distorting the Internal Market (FSR) following the adoption of the regulation by the European Parliament on 10 November 2022.

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newsletter

24 November 2022

austria

M.Marschall

ECJ ruling ends unlimited public access to UBO Register

Under Article 30 (5) (c) of Directive (EU) 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing (AML Directive 2015), Member States are obliged to ensure that information on beneficial ownership is accessible by any person or organisation that can demonstrate a legitimate interest in obtaining it.

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newsletter

24 November 2022

serbia

M.Vlajković

Transfer impact assessment in Serbia: Do you really have to comply?

As a consequence of the ECJ judgment, now widely known online as "Schrems II", the EU Commission has enacted new Standard Contractual Clauses introducing the Transfer Impact Assessment as an obligation for all data importers and exporters. This assessment is intended to show whether the government and authorities of the importing country can access the personal data that are being transferred. All organisations must align with the new Standard Contractual Clauses and prepare a Transfer Impact Assessment by 27 December 2022, so the clock is ticking. 

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newsletter

23 November 2022

romania

A.Damaschin

Factoring and liquidity facilities: making the best of both worlds

Factoring volumes in Romania have seen a marked increase over the last year, up to EUR 3.68bln in the first half of 2022, according to public sources. While part of this 31.6 % year-on-year surge was driven by inflation rates, local businesses do appear to show a growing appetite for this type of financing product.

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newsletter

22 November 2022

hungary

Á.Hegyi

Does direct marketing require specific consent?

The Hungarian data protection authority (NAIH) fined Magyar Éremkibocsátó Kft, a limited liability company engaged in the numismatic business, HUF 30m (approx. EUR 73,000) for unlawful direct marketing activities.

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newsletter

22 November 2022

czech republic

J.Kupčík

Czech competition law in 2022 and what's ahead

The Czech Competition Authority (the "CCA") held an annual conference on 9 and 10 November, which usually provides a good overview of both its current practice and expectations for the near future. This year the representatives of the CCA presented news and practical insights on a wide range of topics, the most important of which are summarised below.

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newsletter

Austria: The (new) copyright transparency obligation

The amendment to the Austrian Copyright Act introduces a whole range of new provisions on copyright contract law, strengthening the position of authors and performers1. In our first Legal Insight ("Austria: The (new) Copyright Contract Law ") we provided some background information and an overview. In our second Legal Insight ("Austria: The (new) copyright remuneration rules for authors and performers"), we introduced the new remuneration provisions. However, in order to assess whether the remuneration remains appropriate and proportionate, some more information is needed.

This brings us to the transparency obligation (Art 19 DSM Directive; Sec 37d Austrian Copyright Act):

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newsletter

10 November 2022

B.Rajal

Unbundling of the hydrogen sector: A Commission proposal in breach of EU law

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newsletter

10 November 2022

hungary

G.Szalóki

Changing the oil in the debt management machinery

As part of a comprehensive EU strategy to tackle non-performing loans, the European Parliament and the Council adopted a directive on credit servicers and credit purchasers, which Member States have until 29 December 2023 to transpose into national law.

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newsletter

Hungary's new Integrity Authority: what is it and how could it benefit foreign investors?

Hungary's parliament passed a package of anti-corruption laws on 3 October 2022 as part of the commitments made by the government to the European Commission.

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newsletter

Bulgaria paves way for innovative businesses with new start-up visa

Country welcomes non-EU investors to boost local start-up ecosystem

After Decree No 318 of 7 October 2022 adopting the Ordinance on the conditions and procedure for issuing, extending and revoking a certificate for a high-tech and/or innovative project (the "Ordinance") was promulgated in issue 82 of the State Gazette of 14 October 2022, Bulgaria joins the almost half of EU countries that issue "start-up visas".

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newsletter

08 November 2022

serbia

Z.Šoljaga

Serbian Competition Authority imposes EUR 460,000 fine for formation of a consortium

The Commission for Protection of Competition of the Republic of Serbia ("Commission") recently imposed a EUR 460,000 fine on companies in the hazardous waste management market for forming a consortium to participate in a public procurement procedure.

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newsletter

07 November 2022

austria

Erneuerbare-Wärme-Gesetz ante portas

Auf dem Weg zur Klimaneutralität gibt es in Österreich noch viele legistische Baustellen. Letztes Jahr wurde mit dem Erneuerbaren-Ausbau-Gesetz (EAG) ein bundeseinheitlicher förderrechtlicher Rahmen für die Umstellung auf Erneuerbare Energien geschaffen. Im Bereich der Wärmebereitstellung für Gebäude fehlt auf Grund der Kompetenzverteilung zwischen Bund und Ländern bislang ein einheitliches bundesrechtliches Regelungsregime. Dies könnte sich nun ändern: Am 02.11.2022 wurde im Ministerrat das Erneuerbare-Wärme-Gesetz (EWG) beschlossen.

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newsletter

Austria: The (new) copyright remuneration rules for authors and performers

The amendment to the Austrian Copyright Act introduces a whole range of new provisions on copyright contract law, strengthening the position of authors and performers1. In our first Legal Insight ("Austria: The (new) Copyright Contract Law") we provided some background information and an overview of the new provisions, which are partly based on the DSM Directive2 and partly adopted from German law. Now we want to examine what to expect from the provisions and what to look out for when drafting copyright agreements in the future.

Let's start with the new remuneration rules based on the DSM Directive:

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newsletter

02 November 2022

austria

F.Terharen

The Digital Services Act: A tight timeline for compliance?

What happened?


The Digital Services Act ("DSA")1 was published in the Official Journal of the European Union on 27 October 2022.2 This means that the Act, targeting numerous online services, will enter into force only 20 days later, on 16 November 2022.

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newsletter

27 October 2022

hungary

A.Bognár

Hungary: The jury is still out – is it lawful to incorporate taxes into flight tickets?

Hungary's parliament passed a package of anti-corruption laws on 3 October 2022 as part of the commitments made by the government to the European Commission ("EC").

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newsletter

Austria: The (new) Copyright Contract Law

The Amendment of the Austrian Copyright Act fundamentally revised the Copyright contract law. An entire series of new provisions for the protection of authors was implemented. But what does this mean for (future) license holders? Let us take a look!

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newsletter

ECJ ruling: Paid offer to join a group insurance scheme constitutes insurance mediation

In its decision C-633/20 of 29 September 2022, the European Court of Justice (ECJ) recognised that the concept of an insurance intermediary or insurance distributor also includes a legal person who offers voluntary membership in a group insurance policy that it previously concluded with an insurance company, for which it receives remuneration from its customers who in return are entitled to claim insurance benefits. 

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newsletter

06 October 2022

moldova

V.Iurkovski

Moldova: Excursus on the latest update to the labour code

Following the tendency among EU states to improve labour legislation, through its 28 July 2022 law ("Law 243/2022"), the Moldovan Parliament passed certain amendments to the Labour Code. These were motivated by the need to align the existing legislation to current realities and the recommendations of the International Labour Organization.

Law 243/2022 entered into force on 26 August 2022.

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newsletter

06 October 2022

C.Haid

Russia Sanctions: 8th sanctions package

Get an overview of the changes introduced by the 8th sanctions package that your business needs to consider.

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newsletter

EuGH-Urteil: Entgeltliches Angebot zum Beitritt in eine Gruppenversicherung stellt Versicherungsvermittlung dar

In seiner Entscheidung C-633/20 vom 29.09.2022 erkannte der EuGH jüngst, dass unter den Begriff des Versicherungsvermittlers bzw des Versicherungsvertreibers auch eine juristische Person fällt, deren Tätigkeit darin besteht, eine freiwillige Mitgliedschaft in einer zuvor von ihr bei einer Versicherungsgesellschaft abgeschlossenen Gruppenversicherung anzubieten, für die sie von ihren Kunden eine Vergütung erhält und die die Kunden zur Inanspruchnahme von Versicherungsleistungen berechtigt.

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newsletter

New rules in Czech UBO law as of 1 October 2022. Immediate threat of sanctions

The Czech Act on Ultimate Beneficial Owners1 (the "UBO Act") has been effective since 1 June 2021. Not even a year and a half later, Czech lawmakers introduced an amendment to the UBO Act2 (the "Amendment") after significant pressure from the European Commission to comply with the Fifth Anti-Money Laundering Directive3 ("AMLD5").

 

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newsletter

NFT licences that "can't be evil": are they any good?

Licences connected to Non-Fungible Tokens (NFTs) are still far from being the norm. As a result, most NFTs still do not convey sufficient or appropriate IP rights to their underlying content. Moreover, they have to deal with practical difficulties inherent to the nature of NFTs. The need for licences tailored to the NFT market is therefore evident.

To overcome the practical difficulties and tackle these issues, publicly available NFT licence systems have emerged. But are they any good?

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newsletter

16 September 2022

serbia

M.Vlajković

How to implement flexible work arrangements in Serbia in the post-Covid-19 era

During the Covid-19 pandemic, in every industry where it was possible employers transferred their employees to work from home.

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newsletter

15 September 2022

austria

B.Rajal

The European Commission's emergency interventions in the energy market: Legal basis disputable

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newsletter

14 September 2022

hungary

G.Szalóki

Hungary extends the scope of transaction tax

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newsletter

07 September 2022

austria

B.Rajal M.Ebner M.Florea

Renewable Energy in CEE

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newsletter

01 September 2022

moldova

Moldova: New Law on E-Signature

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newsletter

Probationary period and discrimination in light of Czech case law

It is common for employers and employees to agree on a probationary period in the employment contract. The employee can check whether the type of work, place of work and the wage or other working conditions suit them, while the employer can use the probationary period to assess whether the employee is meeting its expectations. During the probationary period, each party can decide whether they wish to remain in the employment relationship or to terminate it.

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newsletter

First Annual Report on Czech FDI screening – main takeaways

The Czech foreign direct investment screening regime entered into force on 1 May 2021. The Ministry of Industry and Trade ("MIT"), which is responsible for the screenings, has now published its first annual report. The report takes stock of the first year of enforcement. Below we discuss the enforcement trends that have emerged from the report.

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newsletter

11 August 2022

hungary

A.Turi

Hungarian Competition Authority to propose sustainable product routes and boost domestic production in the insulation materials market

In August 2022 the Hungarian Competition Authority (GVH) closed its accelerated sector inquiry into the market for insulation materials, providing recommendations to manufacturers, the public, waste management operators and the legislator, aiming for a decrease in product prices.

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newsletter

08 August 2022

austria

S.Wolf

Austria: Court further strengthens participation rights of environmental organisations

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newsletter

05 August 2022

romania

S.Lazăr

Romania: Am I saying anything when abstaining from voting as a shareholder?

Historically speaking, uncertainty always existed in Romania regarding the meaning of abstention in general meetings of shareholders. What is at stake is the means to calculate the majority required for the adoption of resolutions of ordinary general shareholders meetings, in which case the Romanian Companies Law (Law no. 31/1990) provides that resolutions are adopted by the "majority of expressed votes".

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newsletter

Austria: No more mandatory quarantine. What should employers know?

New Covid regulations are in effect from 1 August 2022, raising many questions for employers. The biggest changes are that quarantine for SARS-COV-2 infected persons is no longer mandatory according to Austrian law and the reinstatement of the risk group exemption ("Risikogruppenfreistellung").

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newsletter

29 July 2022

austria

C.Cudlik

Österreich: UVP-Novelle 2022 in den Startlöchern

Eine Novellierung des UVP-Gwurde vom BMK2 bereits seit längerem angekündigt. Nunmehr schickte das BMK den Novellenentwurf bis zum 19.09.2022 in Begutachtung. Medial stand vor allem die "Beschleunigung von Genehmigungsverfahren" im Vordergrund. Die Novelle umfasst aber weit mehr. Der gegenständliche Beitrag bietet eine erste Orientierung.

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newsletter

29 July 2022

hungary

G.Horváth

Hungary opens its online sports betting market from 2023 and sets licensing conditions

Hungary has ended the state monopoly on the online sports betting market and this now makes way for the market entry of operators incorporated in the European Economic Area (EEA) ("EEA Operators").

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newsletter

25 July 2022

austria

Ausbau von Großflächen-PV in NÖ rückt näher

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newsletter

21 July 2022

hungary

A.Bognár

Hungary: Could Airlines be Fined for Increasing their Prices?

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newsletter

21 July 2022

romania

D.Trusculete

Romania: Public authorities, unfair competition and speculative actions

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newsletter

21 July 2022

C.Haid

Russia Sanctions: 7th sanctions package

The 7th sanctions package of the EU was published in the Official Journal. Both Regulation (EU) 269/2014 (individual financial sanctions) and Regulation (EU) 833/2014 (trade restrictions, capital market restrictions, etc.) have been modified.

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newsletter

New EBA Guidelines on the limited network exemption under PSD2: Reevaluation and resubmission of existing notifications needed

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newsletter

EU: Commission Proposal to implement the FATF Travel Rule: Speed bumps ahead for crypto-asset transfers?

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newsletter

01 July 2022

austria

B.Rajal

Erneuerbare Energie in Österreich – Marktprämienauktionen starten!

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newsletter

Romania: EU investments now also covered by FDI regime

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newsletter

30 June 2022

austria

M.Woller

EU: Jump on board the Omnibus (Directive)

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newsletter

30 June 2022

poland

D.Rutecka

Controversial Article 17 in Polish case C-401/19

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newsletter

EU: How to rescue a design

Have you ever wondered whether you can modify a registered community design ("RCD") that is challenged by an application for declaration of invalidity by removing certain prohibited design elements to maintain the registration?

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newsletter

14 June 2022

hungary

M.Kovács

Hungary: Not every fairy tale has a happy ending: the story of the Gömböc 3D trademark application

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newsletter

13 June 2022

austria

C.Holzer

Upcoming tax for already existing wind power and PV plants: double trouble in Burgenland?

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newsletter

New special taxes in Hungary to improve the state's income

On 4 June 2022 the Hungarian government issued a decree introducing special taxes affecting several sectors, among others banking, insurance, energy, telecommunications and airlines.

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newsletter

03 June 2022

Russia Sanctions: 6th sanctions package

The 6th sanctions package was published. Find out more about the changes introduced.

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newsletter

01 June 2022

austria

A.Reumann

EU: New competition rules for distribution agreements

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newsletter

Nachhaltigkeit beim Vertrieb von Versicherungsprodukten

Rechtliche Konsequenzen der nicht (vollständigen) Abfrage von Kundenpräferenzen

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newsletter

30 May 2022

hungary

G.Szalóki

Hungarian National Bank and European Investment Bank agree to boost green financing

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newsletter

25 May 2022

bulgaria

T.Krumov

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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newsletter

20 May 2022

austria

F.Terharen

The future of the internet is now!

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newsletter

19 May 2022

austria

C.Cudlik

REPowerEU – Erste Einblicke in den Kommissionsvorschlag zur Beschleunigung von Erneuerbaren-Energie-Projekten

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newsletter

16 May 2022

austria

J.Stalzer

EU-Sanktionen gegen Russland kommen öffentlichen Auftraggebern teuer zu stehen

Seit 9. April gilt das mit der Verordnung (EU) 2022/576 erlassene 5. Sanktionen-Paket gegen Russland. Erstmals werden damit auch öffentliche Auftraggeber unmittelbar in die Pflicht genommen.

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newsletter

06 May 2022

hungary

G.Szalóki

Recent legal developments in the liquidation of Sberbank Hungary

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newsletter

25 April 2022

austria

C.Haid

5th sanctions package and updated guidance

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newsletter

Romania: New FDI regime is finally here - what should investors expect?

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newsletter

UTP Directive implemented in Romania: new rules to be applied by retailers and suppliers

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newsletter

EAG-Investitionszuschüsseverordnung Strom in Kraft

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newsletter

12 April 2022

romania

M.Cojocaru

Romania launches new renewables support scheme for wind and solar projects. Over EUR 450m up for grabs

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newsletter

Will the fire safety legislation amendments help or hinder office leasing?

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newsletter

Why international law effectively protects investments in Russia

The truth is rarely pure and never simple. But in the case of Russia's military operation in Ukraine, it just might be.

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newsletter

24 March 2022

A.Turi

Hungary: What to expect from HCA in 2022

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newsletter

15 March 2022

C.Haid

Russia Sanctions: 4th sanctions package

The 4th sanctions package was published today.

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newsletter

14 March 2022

austria

F.Terharen

The European Data Act

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newsletter

09 March 2022

romania

M.Moga-Paler

How can Romanian companies hire Ukrainian refugees?

In response to the war in Ukraine, a series of measures were taken to make it easier for Ukrainian employees to access the Romanian labour market.

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newsletter

Russia's invasion of Ukraine, its impact on gas supplies procured by Austrian manufacturing companies and force majeure

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newsletter

23 February 2022

croatia

A.Mihaljević*

Revised UTPs Act in Croatia becomes fully applicable in March. Have you aligned your agreements with suppliers?

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newsletter

21 February 2022

hungary

G.Szalóki

Hungarian National Bank issues green bond guideline

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newsletter

17 February 2022

romania

Romania: On-call work, working time or rest time?

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newsletter

15 February 2022

hungary

G.Szalóki

Crypto-assets to be covered by financial regulation in the EU

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newsletter

10 February 2022

austria

C.Haid A.Reumann

The EU's Digital Markets Act: an opportunity for Austrian antitrust enforcement?

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newsletter

09 February 2022

hungary

A.Turi M.Kovács

Hungary: Competition authority publishes results of accelerated sectoral inquiry into COVID rapid tests market in Hungary – resulting in instant changes to the market

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newsletter

09 February 2022

austria

F.Schneider B.Rajal

Weiterer Meilenstein am Weg zu 100% Ökostrom bis 2030: EAG-Investitionszuschüsseverordnung Strom in Begutachtung geschickt

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newsletter

08 February 2022

moldova

A.Guzun

Moldova: GDPR: almost there

On 11 November 2021, the Moldovan Parliament passed a series of legal amendments ("Law 175/2021"), including to the existing Law on Personal Data Protection. Law 175/2021 entered into force on 10 January 2022 and partially transposes the European Union's General Data Protection Regulation ("GDPR").

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newsletter

03 February 2022

romania

A.Stoian

Romania: Happy New Year, Happy New Tax Rules!

Romanian taxpayers had an exciting start to the year with the Government introducing changes to the country's main tax laws – the Fiscal Code and the Tax Procedural Code. These amendments, which follow others announced at the end of last year, were introduced in accelerated fashion, having been debated for only a few days prior to adoption.

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newsletter

Implementation of the UTP Directive in Austria

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newsletter

26 January 2022

moldova

V.Iurkovski

Moldova: Digitalisation has made it easier to establish, operate and sell companies

Through its 11 November 2021 law ("Law 175/2021"), the Moldovan Parliament passed certain amendments to existing legislation with the goal of digitalising the national economy. As a result, the norms implemented have made it simpler to establish, operate and sell companies in Moldova.

Law 175/2021 entered into force on 10 January 2022.

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newsletter

21 January 2022

austria

G.Leissler

Impfpflicht in Österreich – quo vadis?

Inzidenzen, (Intensiv-)Bettenbelegungen, COVID-19-Virus(varianten), eine Durchimpfungsrate von 90 %, nicht zuletzt die Omikron-Variante sind seit Monaten aus dem Wortschatz der medialen Berichterstattung über die omnipräsente und themenbestimmende COVID-19-Pandemie kaum wegzudenken.

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newsletter

19 January 2022

hungary

D.Gera D.Gindl

Hungary: Mandatory vaccination as a term and condition of employment

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newsletter

Bulgaria: Will there be a surge in insolvency/restructuring work in the aftermath of the pandemic?

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newsletter

12 January 2022

austria

E.Hlina

Merger Control: Adjustment of the local nexus under the transaction value threshold in Austria

The Austrian Federal Competition Authority (FCA), together with the German Federal Cartel Office (FCO), has published an update to its guidelines on the application of the transaction value thresholds (Guidelines).

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newsletter

12 January 2022

austria

B.Rajal

EAG-Novelle 2022 – Windkraft im Fokus

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newsletter

Bulgaria (Energy): Record high electricity prices lead to zero premium for RES producers and moratorium on the regulated market

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newsletter

05 January 2022

austria

M.Schmiedinger

Cross-border distribution of funds Directive finally implemented in Austria

An act implementing the cross-border distribution of funds Directive (the "CBDFD")1 into Austrian law (the "Act")2 finally entered into force on 11 December 2021. The Austrian legislator was already late with the implementation, since EU Member States were required to transpose the CBDFD into national legislation by 2 August 2021.

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newsletter

Cola is the same everywhere, right?

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newsletter

22 December 2021

poland

Crowdfunding in Poland: (un)regulated?

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newsletter

16 December 2021

croatia

B.Rajal

Croatia to start renewables auctions for large-scale projects in spring 2022

Last week two key regulatory changes took place that will have important implications for future development of the Croatian renewable energy market.

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newsletter

15 December 2021

hungary

M.Kovács

Don't wait too long to enforce your IP rights, especially Community plant variety rights

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newsletter

14 December 2021

austria

C.Haid A.Reumann

Green Antitrust: the very thin red line between legitimate sustainability cooperation and illegal collusion

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newsletter

14 December 2021

romania

M.Moga-Paler

Employee training: working time or rest period?

more
newsletter

09 December 2021

romania

M.Moga-Paler

Formarea profesională a salariaților: timp de muncă sau perioadă de repaus?

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newsletter

06 December 2021

austria

C.Cudlik S.Wolf

Building and environmental permits for data centres – is Austrian permitting law prepared for rapid age of digitalisation?

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newsletter

03 December 2021

romania

L.Fluşcă A.Huza

Romania introduces deposit-return system for beverages packaging

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newsletter

03 December 2021

romania

L.Fluşcă A.Huza

Romania introduce garanția pentru ambalajele băuturilor puse pe piață

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newsletter

03 December 2021

hungary

A.Bognár

cee legislation tracker: hungary

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newsletter

30 November 2021

moldova

V.Iurkovski

Moldova: Control of investments legislation entered into force

Through its 11 November 2021 law ("Law 174/2021"), the Moldovan Parliament approved the rules on control of investments into sectors important for the security of the state. Law 174/2021 applies equally to local and foreign investors and entered into force on 19 November 2021.

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newsletter

30 November 2021

austria

B.Rajal

Drafts of the recast of Gas Directive and Regulation leaked: First glimpse of the regulation of hydrogen networks

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newsletter

19 November 2021

austria

B.Rajal

WEG-Novelle: Gesetzliche Erleichterungen für hausinterne E-Tankstellen und Photovoltaikanlagen

more
newsletter

08 November 2021

austria

M.Pressler

FMA permits automated biometrical customer identification – a game changer for the KYC process?

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newsletter

04 November 2021

croatia

A.Mihaljević*

Croatia: New Electronic Media Act brings changes to concentrations in electronic media sector

Croatian Parliament recently adopted the final draft of the new Electronic Media Act (the Act), which entered into force on 22 October 2021.

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newsletter

20 October 2021

romania

A.Gal

Romania: major insurance company crash triggers legislative changes

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newsletter

18 October 2021

austria

C.Jirak

Austria: Freedom of environmental information versus business secrets

more
newsletter

14 October 2021

romania

A.Gal

Asigurările și pagubele RCA în era post-City. Ghid juridic pentru companii

more
newsletter

13 October 2021

austria

K.Pusch

Austria: Can you recover internal investigation costs from an employee?

According to a recently published ruling, the German Federal Labour Court says you can. Here is how.

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newsletter

29 September 2021

hungary

A.Turi

Hungary: Competition authority publishes results of the first accelerated sectoral inquiry into the national brick market

The Hungarian Competition Authority (HCA) has published its report of an accelerated sector inquiry into the national brick market at the end of September.

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newsletter

27 September 2021

M.Pressler

Limited network exemption under PSD2 – EBA consults on Draft Guidelines

In summer 2021 the European Banking Authority (EBA) published Draft Guidelines on the limited network exemption (LNE) under the Payment Service Directive 2 (PSD2) for consultation (available here). The Draft Guidelines are meant to foster supervisory convergence amongst the EU's national competent regulators (NCAs).

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newsletter

23 September 2021

austria

S.Lukic

Unlawful Consent is Still Consent: International Law Perspectives on Komstroy vs Moldova

On 2 September 2021, the Court of Justice of the European Union (CJEU) issued the much awaited judgement in the Komstroy vs Moldova case (C-741/19).

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newsletter

22 September 2021

bulgaria

V.Tomov K.Bozhinova

Similarity of single letter trademarks (GC T-399/20)

In its judgment on 14 July 2021 in Case T-399/20, the General Court assessed whether there is likelihood of confusion between figurative trademarks that depict two letters from different foreign alphabets.

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newsletter

21 September 2021

poland

W.Kapica

Poland: Implementation of AMLD V – new KYC procedures and registers

The recent implementation of the AML V Directive to the Polish Act on Counteracting Money Laundering and Terrorist Financing will have a significant impact on business and the approach taken by state bodies to certain transactions.

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newsletter

16 September 2021

austria

P.Konwitschka

Are NFTs insurable?

more
newsletter

Merger Control Austria: Modified merger thresholds and new substantive test, as well as intensified FDI screening under the amended Austrian Cartel Act

more
newsletter

09 September 2021

hungary

M.Kovács

New Hungarian government decree on patent protection: encouragement of patents vs. threat of compulsory licensing

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newsletter

07 September 2021

austria

F.Terharen

Digital Austria – overview of domestic digitalisation efforts

more
newsletter

07 September 2021

hungary

M.Kovács

Hungary: Particularities of Copyright Reform Act

more
newsletter

02 September 2021

austria

M.Woller

Patents on NFT? No, NFT on patents!

more
newsletter

Long-awaited bill on preventive restructurings finally released. What changes will it bring to Czech insolvency law?

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newsletter

31 August 2021

bulgaria

E.Todorova

The New Foodstuff Act in Bulgaria – one year later

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newsletter

Unregistered community designs: a secret weapon in design protection?

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newsletter

30 August 2021

serbia

A.Petrović A.Zorić

Serbia: Use of state-owned agricultural land for non-agricultural purposes

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newsletter

19 August 2021

austria

M.Ebner

Taking security over NFTs: Some legal considerations under Austrian law

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newsletter

Austrian Labour Law: Is crypto-salary a thing?

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newsletter

NFTs and branding – Does trademark protection need to be considered?

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newsletter

21 July 2021

austria

B.Rajal

Neue Leitlinien für staatliche Klima-, Umwelt- und Energiebeihilfen am Start!

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newsletter

15 July 2021

austria

R.Vesenmayer

EU: Attention copyright holder: clarification on the activity of satellite bouquet providers incoming

Bouquets of satellite TV programmes are a convenient service for users. But where is the consent of the rightsholder required? The ECJ will soon offer answers.

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newsletter

14 July 2021

austria

C.Benes

Blockchain and (Un)Real Estate

Blockchain technology has – so far – not lead to a transfer of the world's land registers onto this technology or to a "tokenization" of title (documents). The only significant exception in this respect is Georgia where a purchaser's title to real property can be registered by execution of a smart contract.

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newsletter

NFT art: The most important (legal) questions for artists, buyers in general and museums

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newsletter

09 July 2021

austria

B.Rajal

EAG-Gesetzespaket nun endlich beschlossen – Was ist neu?

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newsletter

Croatia: Better late than never: Supreme Court upholds CCA's cartel decision after almost six years

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newsletter

The overall reform of the Austrian enforcement law ("GREx"). An approaching milestone after decades – Part 2

Enforcement packages, the enforcement administrator and other new procedural aspects

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newsletter

23 June 2021

romania

M.Moga-Paler

Romania: In-app orders, carried out by employees or self-employed individuals? The dilemma of digital platforms

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newsletter

23 June 2021

austria

M.Simsa

Österreich: Die Tücken der neuen Restrukturierungsordnung

Am 16.06.2021 wurde von der Bundesregierung der Entwurf der neuen Restrukturierungsordnung (ReO), mit der die RL (EU) 2019/1023 (RestrukturierungsRL) umgesetzt wird, beschlossen (siehe hier). Die Regierungsvorlage wird nun im Parlament behandelt und soll im Juli 2021 in Kraft treten (siehe unseren Legal Insight als Übersicht). 

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newsletter

22 June 2021

hungary

G.Szalóki

Hungary: A New Era in Crowdfunding Begins: The Single European Regulatory Framework

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newsletter

Stricter liability of statutory body members (and others) in case of company insolvency

The amendment to the Business Corporations Act effective from 1 January of this year (the "Amendment") brings, among other things, a significant change in the liability of members of a statutory body, which will affect the current topic of insolvency.

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newsletter

When a museum buys an NFT: Legal challenges and considerations

The story of our NFT self-experiment does not end with the selling of the token. To the contrary, it is only the start: The buyer – in our case the Museum Francisco Carolinum in Linz – wants to use the artwork for their purposes. In general, what legal considerations should a museum keep in mind?

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newsletter

14 June 2021

turkey

D.Kara

New obligation of shareholders holding bearer shares in Turkish companies

more
newsletter

Austria: Energy from biomass and biogas

more
newsletter

Austria: Supreme Administrative Court once again favours environmental organisations

more
newsletter

14 June 2021

hungary

A.Bognár

Coming up Next: UBO Register in Hungary

Hungary was one of the last EU countries to introduce a register of ultimate beneficial owners. While the provisions of the Fourth and Fifth AML Directives were already implemented in the Hungarian AML Act, the technical conditions on the actual operation of the UBO register were only adopted by Act XLIII of 2021 ("UBO Register Act") and are in force as of 22 May 2021.

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newsletter

09 June 2021

austria

C.Cudlik

NFTs: What about energy and climate issues?

When we started our NFT self-experiment, it did not take long before questions relating to energy consumption came up. According to our estimates, the two transactions (i) minting of the token and (ii) authorisation of an eventual sales processing, produced a CO2-footprint of over 100 kg of CO2EQ.

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newsletter

02 June 2021

austria

M.Pressler

CRD V finally implemented into Austrian law

more
newsletter

01 June 2021

hungary

M.Kovács

Hungary implemented CDSM and SatCab Directives, most rules effective 1 June 2021

more
newsletter

31 May 2021

austria

B.Rajal

Austria: New wind power system blows onto renewable energy scene

more
newsletter

Romania: What should entrepreneurs know in order to attract private equity or venture capital investments?

more
newsletter

27 May 2021

poland

P.Kułak

Poland: UOKiK to examine TV broadcasters' practices

more
newsletter

Tokenized copyrights: Linking an NFT to a copyright licence

more
newsletter

New competition act in Slovakia: a practical update but not a revolution

more
newsletter

25 May 2021

turkey

D.Kara

Non-payment of capital contribution in joint-stock companies: the forfeiture procedure under Turkish law

more
newsletter

Formulating a smart contract and minting an NFT

more
newsletter

18 May 2021

romania

M.Cojocaru

Romania is getting ready to ride a second wave of renewable energy investments

more
newsletter

17 May 2021

austria

B.Rajal

Austria: Electricity producers welcome in future energy communities

more
newsletter

10 May 2021

austria

M.Simsa

(Be)sicher(t) durch die Insolvenz?

Forderungen von Absonderungsgläubigern sind insgesamt auf den Wert der jeweiligen Sicherheit im Zeitpunkt der Bestätigung eines Sanierungsplans begrenzt. Damit ist der OGH in seiner aktuellen Entscheidung 17 Ob 12/20v von seiner bisherigen Rechtsprechung abgewichen.

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newsletter

Austria: Construction cartel creates dilemma for clients

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newsletter

Let the NFT Self-Experiment begin!

Non-fungible tokens (NFTs) aren't new, in fact they've been around for years. However, it took the auction of an NFT linked to an image by Christie's Auction House and the fall of the hammer at a spectacular USD 69 million to create worldwide attention and interest in NFTs.

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newsletter

Czech Republic: New changes in the Register of Ultimate Beneficial Owners

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newsletter

06 May 2021

poland

P.Kułak

Poland: UOKiK fines gas distributors for gun jumping and information delay

more
newsletter

05 May 2021

austria

B.Rajal

Austria: Which company structure is best for renewable energy communities?

more
newsletter

Amendments to the Croatian Competition Act

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newsletter

29 April 2021

austria

S.Rosenthaler

The overall reform of the Austrian enforcement law on the government agenda ("GREx").

An approaching milestone after decades  – Part 1 Overview and jurisdiction

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newsletter

Romania: International arbitration on the rise: record number of cases in the past year

Leading international arbitral institutions have announced record numbers in terms of the volume of new cases registered in 2020.

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newsletter

27 April 2021

romania

M.Neagu

Corporate and commercial post-Covid

More than a year since the first lockdown (which was introduced in March 2020), the COVID-19 pandemic continues to shape and challenge the Romanian legal and business environment in ways difficult to predict a year ago.

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newsletter

27 April 2021

L.Schwitzer M.Ebner

Green April: European Commission publishes sustainable finance and reporting package

On 21 April 2021, the European Commission (ECOM) published measures aimed at fostering sustainable investment and steering finance towards the European Green Deal.

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newsletter

26 April 2021

romania

V.Stropșa

Romania: Bidders from several countries will be excluded from public procurement tenders

more
newsletter

Whistleblowing: what new duties will arise for employers? | Czech Republic

The Chamber of Deputies is currently discussing at first reading a bill on the protection of whistleblowers. This act should implement the European directive on whistleblowing1, and should therefore become effective within the implementation period, i.e. no later than 17 December 2021.

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newsletter

26 April 2021

poland

P.Kułak

Poland: Gazprom appeals fine for failing to provide information in pipeline probe

more
newsletter

26 April 2021

B.Rajal

Austria: Supreme Court rules on long-term gas supply contracts

more
newsletter

23 April 2021

romania

M.Mitan S.Stroe

How to turn office space into residential units? Legal challenges

The COVID-19 pandemic has severely impacted several fields and industries, including the real estate sector. Many office buildings have been vacated as a precaution or because the companies went out of business.

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newsletter

21 April 2021

F.Terharen

Facial recognition – Austrian regulations v European approach?

Over the last couple of years, more and more countries have deployed technologies that allow them to match digital images of a person (e.g. from a surveillance camera) against a database of pictures.

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newsletter

20 April 2021

serbia

D.Stevanović

Serbian Competition Authority issues long-awaited guidance on the concept of a concentration in cases of interrelated transactions

In April 2021, the Serbian Competition Authority ("SCA") issued an opinion on the fundamental merger control notion of a "concentration" in cases involving interrelated transactions (the "Opinion").1

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newsletter

Energy communities – is a business licence required?

Energy communities are the new model for a more decentralised energy supply (for further details please see "Sparking change: Renewable Energy Expansion Act published for evaluation"). An energy community can generate, consume, store, distribute and sell energy, with the focus being the use of the jointly generated energy by the community members. According to the draft Renewable Expansion Act (EAG), which will be passed shortly, energy communities may also actively participate in the electricity market and provide energy services.

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newsletter

16 April 2021

austria

F.Terharen

Facial recognition technology: regulations and use

In recent years there has been an increased use of technologies that match a person's digital image (eg, from a surveillance camera) to a picture database. These technologies facilitate various tasks, including:

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newsletter

cee legislation tracker: czech republic

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newsletter

12 April 2021

austria

C.Jirak S.Wolf

New ruling expands environmental organisations' rights in nature conservation procedures

In December 2020 the Higher Administrative Court issued an interesting ruling regarding the party status of environmental organisations (EOs).1 Until now, the scope of EOs' participation rights in Austrian nature conservation proceedings was unclear. The court's ruling clarifies that EOs' party status is to be interpreted broadly.

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newsletter

The ECJ's VG Bild-Kunst case: Are there (legal) limitations to the use of links?

YES - In its previous case law, the court has recognised the importance of hyperlinks for the operation of the World Wide Web and for freedom of speech. On these grounds, the European Court of Justice (ECJ) generously allowed the use of links to make third-party content accessible via one's own website.

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newsletter

Die Hüterin der EAG-Förderungen: Überblick zur EAG-Förderabwicklungsstelle

In Schönherrs Erneuerbaren-Ausbau-Gesetz Infocorner werden die wesentlichen Eckpunkte des EAG-Pakets dargestellt und praxisrelevante Rechtsfragen behandelt. Bleiben Sie zudem über aktuelle Veranstaltungen und Webinare informiert.

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newsletter

29 March 2021

bulgaria

E.Todorova

The newly amended Notice on Handling of Duplicate Marketing Authorisation Applications – during a pandemic, availability is all that matters

more
newsletter

25 March 2021

Latest ECJ decision is no help for the expansion of renewables

more
newsletter

23 March 2021

serbia

S.Petronijević Z.Šoljaga

New Regional State Aid Regulation in Serbia

more
newsletter

Energie aus Biomasse und Biogas

more
newsletter

23 March 2021

austria

N.Zafoschnig

EAG: Änderungen des ElWOG und GWG

Die am 17.03.2021 veröffentlichte Regierungsvorlage des EAG-Gesetzespakets umfasst neben dem neuen Erneuerbaren-Ausbau-Gesetz unter anderem auch Novellen des ElWOG und des GWG. Diese Novellen haben das Ziel, erneuerbare Energiequellen in das Energiesystem zu integrieren und die Systeminnovationen zu implementieren.

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newsletter

22 March 2021

austria

B.Rajal

Hier kommt die Sonne(nenergie)

Am 17.03.2021 wurde der mit Spannung erwartete Entwurf des Bundesgesetzes über den Ausbau von Energie aus erneuerbaren Quellen (Erneuerbaren-Ausbau-Gesetz – EAG) im Ministerrat beschlossen. Um die Investitionssicherheit für bestehende und zukünftige Anlagen zu gewährleisten, bringt der Entwurf bedeutende Änderungen des Fördersystems für Photovoltaikanlagen – ein erster Überblick!

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newsletter

22 March 2021

austria

B.Rajal

Don Quijote aufgepasst: Ein neues Fördersystem für Windkraft kommt!

more
newsletter

Wasser(kraft) marsch! Ein Überblick zum neuen Fördersystem für Wasserkraft

more
newsletter

22 March 2021

austria

B.Rajal

Erneuerbaren-Ausbau-Gesetz (EAG)

more
newsletter

Česká republika: Aktuality v oblasti pracovního práva v otázkách a odpově-dích

more
newsletter

Czech Republic: Employment Law News Q&A

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newsletter

19 March 2021

austria

B.Rajal

Neues EAG: Update zu Energiegemeinschaften!

Am 17.03.2021 wurde die Regierungsvorlage zum geplanten Bundesgesetz über den Ausbau von Energie aus erneuerbaren Quellen (Erneuerbaren-Ausbau-Gesetz – EAG) veröffentlicht. Diesem lang ersehnten Schritt geht ein Begutachtungsverfahren mit über 100 Stellungnahmen voraus. Mehr als 6 Monate wurde am Begutachtungsentwurf gearbeitet. Für die geplanten Energiegemeinschaften gibt es einige wesentliche Änderungen.

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newsletter

18 March 2021

romania

M.Mitan

The deadlock in the sale of Romanian farmland located outside buildable areas continues

more
newsletter

17 March 2021

bulgaria

G.Petkova

Amendments to Bulgarian competition law: improvements towards more efficient proceedings or blank implementation?

more
newsletter

Croatian Competition Agency penalises tangerine reseller for unfair trade practices

more
newsletter

11 March 2021

CEE

CEE team

COVID19 Overview on moratoria

more
newsletter

Czech Republic | How to: Collective Redundancies

The coronavirus pandemic has had a negative impact on employment in a number of sectors. At some point, an employer may decide to dismiss some or all its employees.

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newsletter

Bulgaria: Amendments to waste management legislation lead to new labelling requirements for prepacked goods

more
newsletter

cee legislation tracker: austria

more
newsletter

Hungary: New labour inspection rules as of 1 March 2021

On 1 March 2021 a new Act on Labour Inspection, Employment Services and Grants will enter into force in Hungary, which replaces the "old" Act on Labour Inspection from 1996. While the new Act contains similar rules, there are some novelties too. Below we summarise the most important ones.

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newsletter

23 February 2021

austria

M.Simsa M.Ebner

Newsflash: Keine Macht dem hold-out – die neue Restrukturierungsordnung

Am 23.02.2021 wurde der lang erwartete Entwurf der Restrukturierungsordnung veröffentlicht. Mit dem Entwurf soll die Richtlinie (EU) 2019/1023 (RestrukturierungsRL) in Österreich umgesetzt werden.

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newsletter

21 February 2021

slovakia

M.Lučivjanský

New investment screening mechanism in Slovakia

On 1 February 2021, the Slovak Ministry of Economy submitted an investment screening proposal to the government. This proposal was approved by the National Council (with amendments) on 5 February 2021 and is scheduled to enter in force on 1 March 2021.

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newsletter

11 February 2021

czech republic

Czech Republic: Competition authority battles non-cooperative competitors

more
newsletter

05 February 2021

bulgaria

G.Petkova

Bulgaria: CPC fines Kaufland for abuse of superior bargaining position

more
newsletter

04 February 2021

czech republic

New FDI rules come into force in the Czech Republic on 1 May 2021

more
newsletter

04 February 2021

bulgaria

M.Gabrovska

AML relief: Bulgarian wholesale traders say farewell to administrative burden

more
newsletter

28 January 2021

C.Holzer

EIAs: grubbing ups and path clearances for overhead electrical power lines to be treated differently

more
newsletter

25 January 2021

hungary

G.Szalóki

Coronavirus measures in Hungary: Extension of payment moratorium

more
newsletter

25 January 2021

austria

T.Waidmann

Austria Newsflash: Corona-Tests und Maskentragen am Arbeitsplatz

Die wichtigsten Fragen und Antworten zum neuen Generalkollektivvertrag

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newsletter

20 January 2021

croatia

A.Mihaljević* Z.Šoljaga

Croatian Competition Agency examines legality of exclusivity clauses in lease agreements

more
newsletter

20 January 2021

serbia

Z.Šoljaga

Serbia: Competition authority opens investigation into potential RPM practice in consumer electronics market

more
newsletter

20 January 2021

austria

B.Rajal

Austria: Network reserve to become part of congestion management system

more
newsletter

Czech Republic: Transfer of title to real estate via public auction

more
newsletter

Energiegemeinschaften – Gewerbeberechtigung erforderlich?

more
newsletter

Romania: FDI rules soon to be tightened

At the end of December 2020, the Romanian Competition Council (the "RCC") published an updated iteration of the draft Emergency Government Ordinance implementing the FDI Regulation (the "FDI Draft Law").

more
newsletter

04 January 2021

austria hungary

C.Haid

Gatekeepers and the Digital Markets Act – CEE focused in-depth review

The Digital Markets Act proposal (DMA) is a collection of complex obligations imposed on certain digital service providers. We previously described the salient features of the DMA here.

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newsletter

30 December 2020

bulgaria

G.Petkova

Bulgarian watchdog introduces pre-notification contacts in merger proceedings

As of 1 January 2021, Bulgaria's Commission for the Protection of Competition (the "CPC") will be available for pre-notification discussions. To this end, it has also published bylaws ("Rules") for such contacts (adopted by CPC decision 1005/10 December 2020).

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newsletter

Do hackers have a right to privacy?

more
newsletter

28 December 2020

czech republic

Czech Republic establishes a framework for screening foreign direct investments

more
newsletter

28 December 2020

czech republic

N.Rosová

The second Covid-related package changes insolvency law. What will it bring to corporate debtors and their creditors?

more
newsletter

Fundamental changes introduced by the amendment to the Business Corporations Act

more
newsletter

The impact of the amendment to the Business Corporations Act on credit financing

more
newsletter

27 December 2020

hungary

A.Turi

Hungary: Spar Will Create Opportunities for Local Small Producers as a Redress for Abuse of Significant Market Power – a Unique Way to Avoid Fine

more
newsletter

23 December 2020

C.Haid F.Schneider

Cybersecurity on the rise: The NIS Directive 2.0

more
newsletter

23 December 2020

czech republic

Czech Competition Authority imposed fine on retailer for abuse of significant market power

The Czech Competition Authority (CCA) announced in a press release1 that it had imposed a fine of CZK 32m (approximately EUR 1.2m) on the Czech retail chain HRUŠKA, spol. s.r.o., for an alleged abuse of significant market power. The decision is not final and an appeal has been filed.

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newsletter

22 December 2020

C.Haid

(Re)Shaping the digital EU: The European Commission's legislative proposal to manage digitalisation is finally here

The fast-paced changes brought about by digital technologies continuously challenge the slow-moving legal framework of the European Union.

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newsletter

22 December 2020

M.Pressler

Austria: FMA präsentiert Aufsichts- und Prüfschwerpunkte für 2021

more
newsletter

20 December 2020

hungary

A.Bognár

Will It Be Easier to Litigate in Hungary from 2021?

more
newsletter

18 December 2020

M.Ebner

European Commission publishes its non-performing loans strategy in response to the COVID-19 crisis

On 16 December 2020 the European Commission (ECOM) presented its strategy to prevent a future build-up of non-performing loans (NPLs).

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newsletter

18 December 2020

bulgaria

E.Todorova

Bulgaria: First legislative amendments introducing telemedicine/telehealth

On 16 December the Bulgarian Council of Ministers adopted a Decree amending the local Ordinance for exercising the right of access to medical care.

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newsletter

16 December 2020

austria

B.Rajal

Netzreserve neu

more
newsletter

14 December 2020

romania

S.Stroe M.Mitan

Romania: New provisions on the sale of farmland located outside buildable areas

more
newsletter

14 December 2020

romania

C.Filip

Cyber security: the last days for operators of essential services in Romania to notify CERT-RO

Operators of essential services are required to notify CERT-RO - the national competent authority for security of networks and information systems - for registration in the Register of operators of essential services by 17 December 2020. Otherwise, these companies risk fines of, in some cases; up to 5 % of their turnover.

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newsletter

13 December 2020

slovenia

M.Frantar M.Osojnik

Know Your Supply Chain: Proposal for EU-wide Mandatory Due Diligence Legislation

Supply chains have been in focus throughout 2020, and not only thanks to COVID-19. Earlier this year, the European Commissioner for Justice, Didier Reynders, announced that in 2021 the Commission would propose legislation on mandatory corporate due diligence covering human rights and environmental risks across a business's supply chain.

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newsletter

Bulgaria: How safe is it to advertise a product as "homemade"?

On 19 November 2020 the Bulgarian Commission for Protection of Competition ("CPC") fined Olineza Premium OOD ("Olineza"), one of the biggest Bulgarian food producers, BGN 1,479,040 (approx. EUR 700,000) or 4 % of its 2019 turnover.

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newsletter

10 December 2020

hungary

L.Krüpl

Hungary: Real estate developers not always aware of potential obligation in construction law

more
newsletter

10 December 2020

hungary

Hungary: Compliance and competition enforcement in sales and promotions – where does Black Friday guide us?

more
newsletter

10 December 2020

romania

C.Filip

Securitate cibernetică: ultimele zile în care operatorii de servicii esențiale pot notifica CERT-RO

more
newsletter

07 December 2020

slovenia

The role of competition law in moving towards a more sustainable world

Across the globe, more and more companies are looking into ways to strengthen their environmental, social and corporate governance ("ESG") profile as investors realise that a strong ESG profile is the key to safeguarding a company's long-term profit and growth.

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newsletter

03 December 2020

hungary

A.Bognár D.Gera

Hungary: Limited stay-at-home orders and travel restrictions: what are you allowed to do?

more
newsletter

03 December 2020

bulgaria

D.Kairakov

cee legislation tracker: bulgaria

more
newsletter

03 December 2020

czech republic

Czech Republic: Supreme Administrative Court backs gun-jumping decision

more
newsletter

27 November 2020

slovenia

Slovenia: Damages resulting from competition law infringements: Collective redress easing the way to compensation

The adoption of Directive 2014/104/EU ("Damages Directive"), which introduced a level playing field for the private competition law enforcement regime among EU Member States, has paved the way for private enforcement to gain more traction in the EU.

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newsletter

26 November 2020

slovenia

Slovenia: Competition Protection Agency investigates potential collusion among four LPG providers

more
newsletter

23 November 2020

romania

M.Neagu

Romania: New law on debureaucratising functioning of companies enters into force

Law 223/2020, which came into effect on 5 November 2020, has introduced a series of important changes to the Companies Law 31/1990.

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newsletter

20 November 2020

hungary

Hungarian authority gets a boost in enforcement against large retail chains

On 20 March 2015 the Hungarian Competition Authority ("HCA") imposed a staggering fine on Auchan for abusing its significant market power.

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newsletter

13 November 2020

czech republic

H.Hangler

Czech Republic: Short-time work: Kurzarbeit – vision and current situation

more
newsletter

11 November 2020

slovenia

Slovenia: Novartis case: Is rebranding generic medicine to the originator brand name allowed?

more
newsletter

10 November 2020

romania

M.Moga-Paler

Romania: Amendments to fiscal legislation impacting employment relations

A series of fiscal measures were introduced in the Fiscal Code by Law No. 239/2020, amending and supplementing Law No. 227/2015 on the Fiscal Code.

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newsletter

05 November 2020

serbia

S.Petronijević Z.Šoljaga

Serbia: European Commission comments on Western Balkan countries' level of harmonisation of antitrust rules

The European Commission recently adopted the 'enlargement package' for 2020, which encompasses reports on candidate and potential candidate countries' progress towards EU accession. The progress reports contain, among other things, an assessment of the level of harmonisation of the Western Balkan countries' national competition laws with EU competition law and practice.

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newsletter

Has Croatia implemented FDI screening mechanism?

On 2 October 2020 the Regulation on the Implementation of the EU Foreign Direct Investment (FDI) Screening Regulation (2019/452) (OJ L 79I, 21 March 2019) (the Implementing Regulation) entered into force.

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newsletter

30 October 2020

croatia

A.Mihaljević*

cee legislation tracker: croatia

more
newsletter

29 October 2020

hungary

A.Turi M.Kovács

Hungary: More pressure selling in hotel booking sector – cooperation with HCA prevents substantial fine

more
newsletter

cee legislation tracker: slovakia

more
newsletter

Romania: Call for project proposals for financing via the EU Modernisation Fund

more
newsletter

20 October 2020

moldova

V.Iurkovski

What are the chances of enforcing a foreign arbitral award or court judgment in Moldova? Recent developments & practical tips

Moldova is a member state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

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newsletter

19 October 2020

austria

B.Rajal

Sparking change: Renewable Energy Expansion Act published for evaluation

On 16 September 2020 the eagerly awaited draft Renewable Energy Expansion Act (EAG) was published for evaluation.

more
newsletter

16 October 2020

hungary

Investigation against TikTok in Hungary – how the HCA takes on the tech world

The Hungarian Competition Authority (HCA) has initiated an investigation against TikTok, the popular social media platform.

more
newsletter

North Macedonia's data protection law: ten months to comply

more
newsletter

15 October 2020

hungary

D.Gera A.Bognár

Hungary: COVID-19 travel restrictions are back

more
newsletter

14 October 2020

romania

S.Stroe

Procedura de avizare a documentațiilor de urbanism, îngreunată inutil de unele autorități

more
newsletter

12 October 2020

austria

V.Weiss

EU FDI Screening Regulation enters into force

As of 11 October 2020 the EU FDI Screening Regulation is in force, ending the long wait for a Union framework to screen foreign direct investments.

more
newsletter

08 October 2020

austria

U.Rath T.Kulnigg

Austria: FMA publishes guidance on ICOs and token classification

The Austrian Financial Market Authority (Finanzmarktaufsicht, FMA) has recently published guidelines on how it views Initial Coin Offerings (ICOs) from a financial services regulatory perspective.

more
newsletter

A Legislative Boost to the Energy Sector in Montenegro

more
newsletter

05 October 2020

austria

S.Lukic

The Reference Mechanism in the EU-UK Withdrawal Agreement: Innovative or Simply Pragmatic?

In early September 2020, the United Kingdom (‘UK’) Secretary of State for Northern Ireland, Brandon Lewis, conceded in no uncertain terms that the UK Internal Market Bill would violate public international law, albeit only in “a very specific and limited way“.

more
newsletter

05 October 2020

slovenia

M.Osojnik

Slovenia: Expected developments and competition law considerations in the light of fuel market liberalisation

more
newsletter

28 September 2020

austria

M.Ebner U.Rath

Austria: Covid-19: Welche Unterstützungsleistungen der öffentlichen Hand kann ich beantragen?

Die durch die COVID-19 Pandemie verursachten wirtschaftlichen Auswirkungen betreffen eine Vielzahl von Unternehmen. Die Politik hat bereits mehrere Maßnahmen zur Erhaltung der Zahlungsfähigkeit und Überbrückung von Liquiditätsengpässen für die heimische Wirtschaft verlautbart.

more
newsletter

Romania plans to tighten its foreign investment screening rules

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newsletter

21 September 2020

romania

D.Trusculete

How can Romanian SMEs affected by the pandemic access the announced state aid scheme?

Following the European Commission's approval of Romania's state aid scheme to support small and medium-sized enterprises ("SMEs") and certain large enterprises affected by the COVID-19 pandemic, the Ministry of European Funds adopted the state aid scheme through a ministerial order, in the context of the economic crisis generated by the pandemic.

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newsletter

20 September 2020

austria

B.Rajal S.Orator-Saghy

EAG-Entwurf: Energiegemeinschaften als neue Marktteilnehmer!

Der mit Spannung erwartete Begutachtungsentwurf des Bundesgesetzes über den Ausbau von Energie aus erneuerbaren Quellen (Erneuerbaren-Ausbau-Gesetz – EAG) enthält ua Regelungen zu Erneuerbaren-Energie-Gemeinschaften. Damit soll die Bürgerbeteiligung an der Energiewende und eine verstärkte dezentrale Energieversorgung in Österreich gefördert werden.

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newsletter

10 September 2020

romania

M.Moga-Paler

Romania: New changes in labour law

Soon employers will have to amend their internal regulations in order to adapt them to the imminent labour law changes to be announced. At the same time, they should consider the opportunity of inserting new clauses into individual employment agreements, referring to the newly introduced conciliation procedure for labour disputes.

more
newsletter

Romania: Public procurement and self-cleaning of cartel members

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newsletter

06 September 2020

bulgaria

E.Todorova

New Foodstuff Act in Bulgaria

To a large extent, the draft of the new Foodstuff Act1 (New Law or the Law) was developed in 2015. However, its adoption was long discussed with the European Commission and postponed several times.

more
newsletter

28 August 2020

poland

P.Kułak

UOKiK publishes guidelines regarding competition-related fines imposed on managers

more
newsletter

27 August 2020

croatia

V.Mandarić*

Mandatory e-communication for companies seated in Croatia

The digitalisation of the Croatian court system is proceeding and e-communication is expanding. Snail mail and "paper" communication are on the verge of extinction. As of 1 September 2020, all legal entities will have to use e-communication with the court.

more
newsletter

Licitațiile publice și „reabilitarea” membrilor unui cartel

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newsletter

24 August 2020

bulgaria

G.Petkova

Bulgaria: Administrative court repeals Eurohold-CEZ merger prohibition

On 3 October 2019 merger control proceedings were opened for the purchase of CEZ by Eurohold Bulgaria AD.

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newsletter

24 August 2020

czech republic

City of Prague fined for unfair parking rules

In a first-instance decision, the Office for the Protection of Competition recently fined the City of Prague Kc980,000 (approximately €36,981) for creating anti-competitive parking conditions for hybrid vehicles.

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newsletter

24 August 2020

romania

M.Moga-Paler

Noi modificări în legislația muncii

more
newsletter

21 August 2020

montenegro

L.Veljović

A new era of work: Teleworking in Montenegro

more
newsletter

20 August 2020

austria

A.Amann

Transaction price mechanisms in times of COVID-19

After a record-breaking decade of M&A activity, the COVID-19 pandemic has caused the market to face unprecedented circumstances.

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newsletter

20 August 2020

romania

M.Neagu

Romania: New steps towards debureaucratising functioning of companies

At the beginning of 2020, legislative initiatives were launched to debureaucratise the functioning of companies established in Romania.

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newsletter

20 August 2020

hungary

D.Gera

Hungary: Access to employee emails – enhanced authority control

more
newsletter

13 August 2020

bulgaria

G.Petkova

Bulgaria: Competition analysis of production, transmission and supply of heating for household and non-household needs

The Commission for Protection of Competition (CPC) recently opened a sector analysis of the markets for the production, transmission and supply of heating for household and non-household needs and vertically connected markets.

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newsletter

13 August 2020

slovenia

Administrative Court revokes TV channel divestment order

more
newsletter

Certain Romanian Competition Law provisions on hold (for now)

Several provisions of Competition Law no. 21/1996 (the "Competition Law") are currently suspended and may lose their legal effects beginning of September, following a recent decision issued by the Constitutional Court of Romania (CCR).

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newsletter

04 August 2020

hungary

D.Gera L.Krüpl

Hungary: Impacts of COVID-19 on the labour and real estate markets | Podcast

The COVID pandemic and the subsequent state of emergency in Hungary have disrupted conventional methods of working, with most companies having successfully transitioned into home office – a modus operandi rarely used before.

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newsletter

Montenegro: Insight into the New Companies Act

more
newsletter

03 August 2020

slovenia

Slovenia: Court slashes Agrokor's gun-jumping fine to €1 million

more
newsletter

30 July 2020

hungary

A.Bognár

Hungary: New Consumer-friendly Guarantee Rules from 2021

more
newsletter

30 July 2020

austria

P.Feyl

An apple a day keeps taxation away?

The General Court (GC) of the European Union ruled in favour of Apple in the state aid case regarding Apple's Irish tax structure, annulling the 2016 decision of the European Commission (EC).

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newsletter

28 July 2020

romania

S.Pavel

New Romanian trademark law introduces new obligations and deadlines

Trademark owners and applicants must comply with a series of new obligations and deadlines, following the substantial amendment to Romanian trademark legislation.

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newsletter

Czech Republic: Managing director and invalid employment contract, work injury

(from the decision of the Supreme Court of the Czech Republic 21Cdo 2124/2018)

The Supreme Court of the Czech Republic recently issued an interesting decision concerning the employment of a managing director and an accident at work.

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newsletter

New FDI rules come into force in Poland

New legislation that affects investments in Polish entities by investors from outside the EEA and OECD will enter into force on 24 July 2020.

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newsletter

Czech Republic: Redundancies as an aftermath of the COVID-19 crisis and the financial context

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newsletter

21 July 2020

hungary

A.Bognár

Hungary: Travel restrictions are coming back from 15 July

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newsletter

20 July 2020

romania

Romania eases procedure for setting up new companies

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newsletter

17 July 2020

austria

G.Leissler

European Court of Justice invalidates "Privacy Shield" but affirms Standard Contractual Clauses

Decision of the CJEU dated 16 July 2020, Rs C 311/18

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newsletter

Austrian Parliament adopts new FDI screening act

On 15 July 2020 the Austrian Parliament adopted a new FDI screening act (Investitionskontrollgesetz, "ICA"), following the trend to tighten the regulatory framework for foreign investment screening (read more here: Austrian government proposes new FDI screening act).

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newsletter

EU Level Covid-19 support measures in banking and capital markets

more
newsletter

13 July 2020

bulgaria

G.Petkova

Derogation from EU competition rules for milk, potato and live plant and flower sectors

more
newsletter

Automotive: Go-ahead for level 3 Lane Keeping System

more
newsletter

Austria: Regulatory Sandbox ab September 2020 auch in Österreich

more
newsletter

06 July 2020

romania

L.Fluşcă

How effective is the Romanian Land Book in safeguarding title and property rights?

more
newsletter

03 July 2020

poland

A.Stawiarska

cee legislation tracker: poland

more
newsletter

02 July 2020

hungary

A.Turi

HCA imposes record fine on Booking.com for unfair commercial practices

more
newsletter

Real estate measures in combatting the consequences of COVID-19 in CEE

more
newsletter

Energy: Bulgaria introduces licensing regime for natural gas traders

With a last-minute amendment of the Bulgarian Energy Act of 26 June 2020, natural gas trading becomes an activity subject to licensing by the Energy and Water Regulatory Commission (the "Energy Commission").

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newsletter

29 June 2020

romania

M.Neagu

Romania: Streamlining procedure for declaring beneficial owners

more
newsletter

25 June 2020

hungary

D.Gera D.Gindl

Hungary: Data protection authority imposes highest post-GDPR fine

The Hungarian National Authority for Data Protection and Freedom of Information (the "Authority" or "NAIH") recently imposed a fine of HUF 100m (approx. EUR 285,000) on one of the biggest electronic communication service providers Digi Távközlési Szolgáltató Kft. ("Digi").

more
newsletter

cee legislation tracker: slovenia

more
newsletter

Consultations on TAR NC and second amendment to Gas System Charges Ordinance

more
newsletter

19 June 2020

hungary

G.Szalóki

Hungary: Is a new world coming with the amendment of the Hungarian Insolvency Act?

more
newsletter

19 June 2020

austria

G.Leissler

Austrian parliament allows extension of the application period under the Austrian Epidemics Act

more
newsletter

Weitere Unterstützungen für die österreichische Wirtschaft verfügbar

more
newsletter

17 June 2020

romania

I.Sava M.Mitan

Concerned about food security? Buy farmland in Romania while you still can

more
newsletter

Romania: More state incentives for large investments on the horizon

more
newsletter

16 June 2020

slovakia

P.Devínsky

Another amendment to the Slovak Labour Code changing rules of fixed-term employment

more
newsletter

15 June 2020

austria

M.Ebner

Nach der Krise ist vor der Krise

Haben Österreichs Banken hinreichend flexible Rahmenbedingungen, um die Realwirtschaft zu unterstützen?

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newsletter

12 June 2020

slovenia

Slovenia: CPA praises Coca-Cola for good business practices

more
newsletter

Czech Republic: Extension of Antivirus Programme and Introduction of Scheme C

On 25 May 2020, the Government of the Czech Republic decided to extend the Antivirus Programme until the end of August 2020.

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newsletter

Hungary: The time needed for liquidation and forced deletion procedures has been extended due to coronavirus

On 28 May 2020, the Hungarian Government adopted amendments to the laws on company liquidation and forced deletion procedures to cushion the impact of the global coronavirus pandemic on the economy.

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newsletter

The Unfair Competition Law is changing: new focus on companies with superior bargaining position l Romania

A draft Emergency Government Ordinance recently published on the Romanian Competition Council's (RCC) website sets the stage for several significant changes to Law 11/1991 (the Unfair Competition Law).

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newsletter

05 June 2020

serbia

N.Lalatović-Đorđević

COVID-19 disputes: Try to avoid, but be ready

COVID-19 has shaken the world as we know it from the ground up. Many industries have already been hit hard, but its full (negative) impact on the economy is yet to be seen.

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newsletter

04 June 2020

romania

M.Cojocaru

Will the COVID-19 pandemic ramp up Romania's green ambitions?

The unprecedented economic crisis caused by the COVID-19 pandemic is severely impacting the electricity sector, with demand falling as much as 20 % in certain cases, according to data published by the International Energy Agency (IEA).

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newsletter

03 June 2020

austria

V.Weiss

Austrian government proposes new FDI screening act

On 27th May 2020 the Austrian government submitted a proposal for a new foreign investment screening act (Investitionskontrollgesetz) to the Parliament (the "Proposal").

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newsletter

CEE ramps up screening of foreign direct investments (FDI)

FDI screening was for a long time a blank spot on the regulatory landscape for most countries in Central Eastern Europe (CEE). Unlike Western European Member States, so far relatively few countries in Central Eastern Europe (Austria, Poland, Hungary, Romania) had instruments that allowed vetting foreign investments; albeit often with little practical relevance.

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newsletter

02 June 2020

slovenia

V.Weiss

Slovenia introduces foreign investments screening rules

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newsletter

02 June 2020

austria

P.Madl

Auswirkungen der COVID-19-Krise auf verfahrensrechtliche Fristen

more
newsletter

New foreign investments screening rules in Hungary

more
newsletter

Bulgaria: New relieved procedure for the publication of annual financial statements

more
newsletter

New foreign investments screening rules in Poland

more
newsletter

25 May 2020

czech republic

Czech Republic: Changes in real estate law from 1 July 2020

more
newsletter

Distressed M&A and selected Czech law specifics

more
newsletter

18 May 2020

romania

M.Florea

cee legislation tracker: romania

more
newsletter

18 May 2020

czech republic

Czech Republic: Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional

In a recent decision, the Constitutional Court upheld the Act on Significant Market Power, despite demands for its repeal by a group of senators almost four years ago.

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newsletter

14 May 2020

austria

S.Schulz

Transactions under political scrutiny – A new FDI regime in Austria

Following the adoption of the new EU framework for screening of foreign direct investments (see Schoenherr Newsletter 13.03.2019), the Austrian government recently published a draft bill to amend the current rules on foreign direct investments (FDI) into Austria.

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newsletter

11 May 2020

austria

G.Leissler

Austria: Third COVID-19 Act: lawfulness of processing employee health data

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newsletter

Further COVID-related employment law measures in Hungary

The Government of Hungary adopted further government decrees – which were promulgated in the Official Gazette on 10 April 2020 - in respect of employers with regards to the coronavirus disease.

more
newsletter

11 May 2020

türkiye

cee legislation tracker: turkey

more
newsletter

Sanierungsinstrumente in der Krise

Gerade in aktuellen Krisenzeiten stellt sich für viele Unternehmer die Frage, wie sie ihr Unternehmen bestmöglich sanieren können, um so das Fortbestehen des Unternehmens zu sichern.

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newsletter

Czech Republic: Top ten most common mistakes in terms & conditions for e-shops (not only) in the time of coronavirus

more
newsletter

05 May 2020

austria

P.Madl

New rules for your customer area

more
newsletter

04 May 2020

czech republic

Czech Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional

more
newsletter

Labour & Employment-related measures in combatting the consequences of COVID-19 in CEE

Find an overview of labour & employment-related measures in combatting the consequences of COVID-19 in the CEE region – status as of 5 May.

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newsletter

30 April 2020

czech republic

Czech Republic: Competition authority seeks to obtain data from mobile phone operators

more
newsletter

30 April 2020

poland

A.Stawiarska

COVID-19: state aid scheme sets maximum prices and margins for certain goods I Poland

On 8 April 2020 the European Commission approved a state aid scheme worth Zl3.5 billion (approximately €700 million) for loans and guarantees to support the Polish economy in the context of the COVID-19 outbreak.1

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newsletter

30 April 2020

slovenia

J.Primožič

Slovenia: Holding a remote General Meeting in a Slovenian limited liability company

more
newsletter

Czech Republic: LEX COVID – Changes to insolvency proceedings

The coronavirus pandemic has made life complicated for almost all businesses, especially from the financial point of view. Businesses thus face an increased risk of bankruptcy and subsequent insolvency proceedings.

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newsletter

Czech Republic: Dismissals due to the coronavirus crisis

The economic hardship caused by the global outbreak of COVID-19 will inevitably lead many businesses to dismiss employees.

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newsletter

28 April 2020

moldova

cee legislation tracker: moldova

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newsletter

27 April 2020

bulgaria

G.Petkova

Bulgaria: CPC activity during COVID-19 crisis

On 13 March 2020 the government declared a national state of emergency as a result of the ongoing COVID-19 crisis. The state of emergency is currently in force until 13 May.

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newsletter

24 April 2020

croatia

V.Mandarić*

Croatia: Intervention measures regarding insolvency and enforcement proceedings

more
newsletter

23 April 2020

romania

M.Roibu

Romania: Are Romanian companies ready for post-pandemic tax audits?

As part of the preventive measures taken to mitigate the impact of the COVID-19 pandemic, the Romanian tax authorities have limited the number of tax audits at taxpayers' premises for the duration of the state of emergency.

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newsletter

COVID-19 – Effects on regulatory approvals in financial sector M&A transactions

M&A and corporate transactions (including mere group-internal restructurings) in the financial sector often not only require profound corporate law documentation, but also financial regulatory approvals from the competent authorities/regulators.

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newsletter

21 April 2020

slovenia

P.Gorše

Slovenia: COVID-19 and breach of contract - debtors beware of foreseeability element

The COVID-19 pandemic is causing disruption throughout the commercial sector. Stakeholders are forced to shift their focus to mitigating the impact on the supply chain, customer relations, workforce, leases and more broadly business in general.

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newsletter

21 April 2020

bulgaria

S.Ribanchova

Bulgaria: State aid in the age of COVID-19

During the COVID-19 outbreak businesses are facing the dilemma of whether to seek state aid or survive the crisis using their own resources.

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newsletter

Czech Republic: Draft Act on Prohibition of Commercial Lease Termination

The Czech Parliament is set to pass a new act prohibiting landlords from terminating commercial leases if tenants fail to pay rent (the "Act").

more
newsletter

Czech Republic: LEX COVID and changes to corporate law

more
newsletter

COVID-19 and investment protection

As the world grapples with COVID-19, we are seeing some of the most unprecedented State measures of our time. 

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newsletter

17 April 2020

austria

C.Haid

National competition authorities' advisory and enforcement in the context of COVID-19

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newsletter

Bulgaria: Working remotely during the COVID-19 crisis - Is the risk for your trade secrets remote?

As the COVID-19 pandemic has rapidly spread across Europe, more and more companies have been forced to implement remote working arrangements for their employees.

more
newsletter

17 April 2020

austria

P.Madl

Austria: Das ist bei der Wiedereröffnung Ihres Geschäfts zu beachten

more
newsletter

CEE: EU & Competition Monthly Bulletin – April 2020

Stay informed about the latest developments in competition law in Central and Eastern Europe with Schoenherr's multi-jurisdictional newsletter.

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newsletter

17 April 2020

austria

C.Haid

National agencies will not actively intervene in "necessary" company cooperation during the COVID-19 crisis

more
newsletter

17 April 2020

austria

P.Madl

Austria: This should be considered when reopening your business

more
newsletter

Hungary: Employment contracts and COVID-19

COVID-19 has created completely new challenges in the employment sector. As there is significant uncertainty and a need for detailed information about the situation, this article provides a timeline of employment-related measures that have been introduced to combat COVID-19 in Hungary.

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newsletter

15 April 2020

hungary

G.Szalóki

Hungary: Further COVID-19-related developments in the Hungarian banking sector

more
newsletter

15 April 2020

bulgaria

K.Bozhinova

Bulgaria: Tracking mobile devices and data protection - Where do we draw the line?

more
newsletter

14 April 2020

austria

P.Madl

Auswirkungen der Schließungen von Betriebsstätten auf Mietverträge

more
newsletter

14 April 2020

hungary

M.Kovács A.Turi

Hungary: What to consider in competition law with Covid-19

more
newsletter

14 April 2020

austria

P.Madl

Auswirkungen der COVID-19-Krise auf verfahrensrechtliche Fristen in gerichtlichen Verfahren

more
newsletter

10 April 2020

austria

P.Madl

Austria: Änderungen der Öffnungsbeschränkungen im Handels- und Dienstleistungsbereich ab 14.04.2020

more
newsletter

Croatia: COVID-19 information on financial support for employers

more
newsletter

Corona Crisis: Amendment of the obligation to file for insolvency in CEE

With the fourth law on COVID-19, the Austrian legislator has suspended the obligation of an overindebted debtor to file for insolvency until 30 June 2020, irrespective of the cause of the over-indebtedness.

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newsletter

09 April 2020

serbia

Z.Šoljaga S.Petronijević

Serbia: Antitrust in the time of COVID-19 – Is close cooperation between competitors permitted?

more
newsletter

Croatia: The impact of COVID-19 on employment from the employer's perspective

Given the situation caused by the coronavirus pandemic in Croatia, the National Civil Protection Committee (Stožer civilne zaštite) has put in place numerous restrictive measures to protect the lives of all citizens.

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newsletter

08 April 2020

romania

G.Bădescu

State aid scheme to support Romanian SMEs in the context of the COVID-19 pandemic in light of the new amendments via GEO no. 42/2020

The Romanian government has finalised and adopted a state aid scheme to support SMEs in the context of the economic downfall generated by the global COVID-19 pandemic.

more
newsletter

08 April 2020

austria

R.Perner

Aktuelle gesellschaftsrechtliche Maßnahmen nach COVID-19-GesG und COVID-19-GesV

more
newsletter

Slovenia: Secure your receivables while enforcement is suspended

more
newsletter

07 April 2020

austria

G.Leissler

3. COVID-19-Gesetz: Datenschutzkonforme Verarbeitung von Gesundheitsdaten der Dienstnehmer

more
newsletter

07 April 2020

austria

Austria: Fragen, Antworten und Praxisbeispiele zu den COVID-19 Sonderverfahrensvorschriften für Verwaltungsbehörden, VwG, VwGH und VfGH

Austria: Fragen, Antworten und Praxisbeispiele zu den COVID-19 Sonderverfahrensvorschriften für Verwaltungsbehörden, VwG, VwGH und VfGH (einschließlich Update zum 4. COVID-19-Gesetz)

Aus Anlass der aktuellen COVID-19 Epidemie hat der österreichische Gesetzgeber knapp eine Woche nach dem 1. COVID-19-Gesetz (BGBl I 2020/12) ein weiteres Sammelgesetz (2. COVID-19-Gesetz, BGBl I 2020/16, in Kraft getreten am 22.03.2020) beschlossen.

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newsletter

The impact of COVID-19 on M&A

The COVID-19 pandemic is expected to impact the process, timeline and documentation of M&A transactions in the turbulent times ahead of us.

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newsletter

The impact of COVID-19 on submissions, deadlines and meetings with competition authorities in CEE

more
newsletter

06 April 2020

austria

C.Cudlik

Änderungen für Abfalllager und Abfallbehandlungsanlagen durch das 4. COVID-19-Begleitgesetz

Kapazitätsausweitungen der Abfalllager von Abfallbehandlungsanlagen bedürfen regelmäßig einer Genehmigung nach dem AWG. Durch das verstärkte Abfallaufkommen im Zuge der COVID-19-Krise sind nunmehr für einen beschränkten Zeitraum Verfahrensvereinfachungen für diese Kapazitätsausweitungen vorgesehen.

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newsletter

06 April 2020

austria

Austria: COVID-19 - Update Insolvenzrecht

Die COVID-19-Pandemie und deren wirtschaftliche Auswirkungen führten bisher zu insgesamt fünf umfassenden COVID-19 Gesetzespaketen.

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newsletter

06 April 2020

poland

Poland: COVID-19 vs. lease agreements

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newsletter

06 April 2020

slovakia

P.Devínsky

"Corona" Amendment to the Slovak Labour Code and governmental measures aimed at helping employers

In response to the coronavirus crisis, which is seriously impacting the Slovak economy and employment, the Government of Slovakia has proposed an amendment to the Slovak Labour Code which was quickly passed in Parliament.

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newsletter

06 April 2020

slovenia

Slovenia: CPA examines multi-apartment building management market

more
newsletter

06 April 2020

hungary

A.Turi M.Kovács

Hungary: Increased fines – HCA targets telecom companies

more
newsletter

06 April 2020

bulgaria

T.Krumov

Bulgarian Coronavirus Payment Moratorium and its effect on cross-border financial transactions

The Moratorium was not self-proclaimed by the Bulgarian Parliament as an overriding mandatory piece of law so the courts discretion in cross-border scenarios has been retained

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newsletter

06 April 2020

slovakia

C.Holzer

Update zu den COVID-19 Sonderverfahrensvorschriften für Verwaltungsbehörden, VwG, VwGH und VfGH

Der Nationalrat hat am 20.03.2020 auf Grundlage eines Initiativantrags der beiden Regierungsparteien einstimmig das 2. COVID-19-Gesetz beschlossen (BGBl I 2020/16).

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newsletter

06 April 2020

austria

P.Madl

Außerordentliche Kündigungsmöglichkeit des Mieters nach § 1117 ABGB

Nach § 1117 ABGB ist der Bestandnehmer berechtigt, auch vor Verlauf der bedungenen Zeit von dem Vertrag ohne Kündigung abzustehen, wenn das Bestandstück in einem Zustand übergeben oder ohne seine Schuld in einen Zustand geraten ist, der es zu dem bedungenen Gebrauch untauglich macht, oder wenn ein beträchtlicher Teil durch Zufall auf eine längere Zeit entzogen oder unbrauchbar wird.

more
newsletter

03 April 2020

hungary

G.Szalóki

Hungary: Overview of the COVID-19 support measures currently available by the Hungarian public sector

more
newsletter

02 April 2020

bulgaria

K.Bozhinova

Bulgaria: Are employers immune to the state of emergency? Which employers are entitled to receive financial aid and other key labour law and data protection matters

more
newsletter

02 April 2020

bulgaria

D.Vlaevsky

Bulgaria's State of Emergency Act suspends all payment obligations

Bulgarian Parliament declares COVID-19 pandemic a force majeure event by special law

more
newsletter

Czech Republic: Changes in the "Antivirus" Programme

more
newsletter

01 April 2020

bulgaria

D.Vlaevsky

Bulgaria: An overview of the effect of the Coronavirus (COVID-19) on the Bulgarian Real Estate Sector

The rapid spread of the COVID-19 pandemic is causing a severe impact on everyone's daily life, and is putting considerable strain on the economy as a result of the new challenges stemming from the pandemic. The real estate sector is no exception from this.

more
newsletter

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.

more
newsletter

01 April 2020

poland

Poland: COVID-19 as force majeure

Since the outbreak of COVID-19, which the World Health Organization declared a pandemic on 11 March 2020, businesses all over the world have rushed to examine the force majeure clauses in their contracts.

more
newsletter

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.

more
newsletter

31 March 2020

bulgaria

D.Vlaevsky

Bulgaria: Insolvency during the state of emergency and creditor protection

Bulgaria has been in a state of emergency since 13 March due to the COVID-19 outbreak. On 23 March the Parliament voted on a special State of Emergency Act (COVID-19 Act) which suspended all court, arbitration and enforcement terms and proceedings during the state of emergency, currently in force until 13 April.

more
newsletter

Czech Republic: State supports actions to mitigate the impact of the pandemic

Czech businesses and citizens have recently been affected by the adverse effects of the state of emergency declared due to COVID-19 and related emergency measures taken by the government or the Ministry of Health.

more
newsletter

Hungary: Overview of the effects of coronavirus on the Hungarian real estate sector

The coronavirus has seriously impacted daily life worldwide and given rise to considerable economic challenges. The real estate sector is no exception.

more
newsletter

30 March 2020

bulgaria

E.Todorova

Bulgaria: healthcare & life sciences in a global pandemic

Healthcare and life sciences have a special status as a type of legal practice. The debate about what this specialisation entails, and to what extent it even qualifies as legal work, is endless. However, as a crisis is also an opportunity, the coronavirus pandemic has defined the areas where law, healthcare and the life sciences overlap.

more
newsletter

Czech Republic: Overview of the COVID-19 support measures currently available by the Czech public sector

The Czech public sector provides a number of support measures to companies and natural persons affected by the COVID-19 pandemic.

more
newsletter

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.

more
newsletter

27 March 2020

bulgaria

E.Todorova

Bulgaria: Even in a state of emergency human rights must be respected!

more
newsletter

27 March 2020

croatia

V.Mandarić*

Croatia: Temporary measures to mitigate the consequences of the COVID-19 pandemic and Zagreb earthquake in civil, insolvency and criminal procedure law

On 14 March 2020, the Croatian Ministry of Justice issued recommendations to prevent the transmission of the novel coronavirus (COVID-19) and control the pandemic ("Measures").

more
newsletter

Czech Republic: Government Economic Recovery Measures

more
newsletter

New rules in CEE countries regarding exports of medical equipment and medicinal products

more
newsletter

25 March 2020

romania

M.Moga-Paler

Romania: Coronavirus: Impacts on employment in Romania

more
newsletter

25 March 2020

slovenia

M.Frantar

Slovenia: Government anti-coronavirus support schemes for businesses

On 25 March 2020, the Government of Slovenia announced a EUR 2bln rescue package intended to mitigate the adverse and diverse effects of the COVID-19 pandemic. The package primarily seeks to maintain jobs by providing pay check support and tax relief to employers and introducing additional mechanisms to reduce the liquidity shock on businesses.

more
newsletter

25 March 2020

serbia

J.Rubežić

cee legislation tracker: serbia

more
newsletter

24 March 2020

austria

S.Kühteubl

Austria: Coronavirus: Impacts on employment in Austria

more
newsletter

24 March 2020

poland

B.Jóźwik

Poland: Coronavirus: Impacts on employment in Poland

more
newsletter

24 March 2020

austria

Coronavirus – Auswirkungen auf die Insolvenzantragspflicht?

Das Coronavirus stellt Unternehmen vor große Herausforderungen unterschiedlicher Art. Der eingeschränkte Betrieb, Stornierungen und das Ausbleiben von Kunden können auch bei sonst gesunden Unternehmen zu Liquiditätsproblemen führen und im Extremfall die Pflicht auslösen, einen Insolvenzantrag zu stellen. Zwar hat der Staat Hilfsmaßnahmen angekündigt, die Frage ist aber, wie rasch diese Maßnahmen kommen, wie schnell sie greifen und ob sie ausreichend sind.

more
newsletter

24 March 2020

austria

B.Vareskic

Austria: Coronavirus – How does it affect civil proceedings in Austria?

The coronavirus does not stop at court. That is why it creates uncertainty among litigants and even the public on whether and how to exercise subjective rights and enforce legal claims.

more
newsletter

Czech Republic: Obstacles to work on the part of the employer in connection with the coronavirus

Many employers currently find themselves in a precarious position, faced with deciding how to deal with the obstacles to work arising from the coronavirus crisis, irrespective of whether these obstacles are the result of government measures (total or partial restrictions on operations) or due to real operational reasons (difficulties in the supply of materials for production, drop in sales).

more
newsletter

23 March 2020

romania

G.Bădescu

Romania: State aid available to Romanian companies in the COVID-19 pandemic

more
newsletter

News Alert Austria: Implications of legislative measures taken for merger control clearances in Austria

The Austrian Parliament has passed a series of further legislative measures to meet the Covid-19 crisis last week. These measures include a general stay of deadlines in administrative and court proceedings. The law is in force as of 23 March 2020.

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newsletter

23 March 2020

slovakia

P.Devínsky

Slovakia: Coronavirus from the employer's perspective

Given the coronavirus crisis impacting the Slovak economy and employment, we have prepared an overview of information on (i) the recent measures introduced by the Slovak public authorities to prevent the spread of COVID-19 in the Slovak Republic, (ii) recommended prevention, (iii) possible measures to be taken by employers, and (iv) planed measures announced by the government of the Slovak Republic aiming to help business overcome the negative impact of the current crisis.

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newsletter

Financing in times of crisis - Austrian Chapter

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newsletter

23 March 2020

austria

C.Holzer

COVID-19 Sonderverfahrensvorschriften für Verwaltungsbehörden, VwG, VwGH und VfGH

Der Nationalrat hat am 20.03.2020 auf Grundlage eines Initiativantrags der beiden Regierungsparteien einstimmig das 2. COVID-19-Gesetz beschlossen (BGBl I 2020/16). Neben zahlreichen wirtschafts-, sozial- und gesundheitspolitischen Maßnahmen wurde im Rahmen dieses Sammelgesetzes auch ein eigenes Bundesgesetz über Sonderverfahrensvorschriften für Verwaltungsbehörden, VwG, VwGH und VfGH beschlossen, um die (mittelbaren) Auswirkungen der Coronavirus-Krise auch in diesem Bereich einzudämmen (im Folgenden COVID-19-VerfG).

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newsletter

23 March 2020

serbia

Z.Šoljaga

The Serbian Commission for State Aid publishes a notice on the application of state aid rules during the coronavirus pandemic

In response to the ongoing coronavirus crisis, and following a similar announcement by the European Commission, on 17 March the Serbian Commission for State Aid Control ("Commission") published the Notice on the Application of the Rules for Granting State Aid in the Emerging COVID-19 Situation ("Notice").

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newsletter

22 March 2020

austria

P.Madl

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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newsletter

Hungary: Information notice on the conditions of employment with regards to the appearance and spread of the coronavirus

Information Notice on the conditions of employment with regards to the appearance and spread of the coronavirus (SARS-CoV-2) in Hungary

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newsletter

22 March 2020

austria

P.Madl C.Benes

Baustellen in Zeiten der Coronakrise

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newsletter

Trade associations must pay attention to competition rules! The risk of fines is real, even during the COVID-19 pandemic

Information conveyed recently via various communication channels in Romania suggests that joint measures and decisions are being adopted at the level of trade or employers' associations to respond to the challenges that the COVID-19 pandemic has raised.

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newsletter

Czech Republic: What changes will impact your business in connection with COVID-19?

General overview of the coronavirus pandemic and current safeguards

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newsletter

20 March 2020

hungary

G.Szalóki

Hungary: Extraordinary measures impact the Hungarian banking sector

On 18 March the Hungarian prime minister announced extraordinary measures to be taken as a result of the national emergency caused by COVID-19. Most of these measures have a strong impact on the Hungarian economy; in particular, the banking sector.

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newsletter

20 March 2020

austria

C.Benes

Bauvertragsrecht - Behinderungen der Leistungserbringung durch COVID-19

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newsletter

19 March 2020

romania

V.Stropșa

State of emergency declared in Romania: main points for legal impact on companies

The President of Romania has declared a state of emergency in Romania as of 16 March 2020, for a duration of 30 days, in the context of COVID-19.

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newsletter

Green light for green electricity l Slovakia

Up until the end of 2018, renewable energy sources (RES) generators in Slovakia were mainly subsidised in the form of a guaranteed feed-in tariff granted for 15 years, the amount of which depended on the date when the RES facility was put into operation.

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newsletter

19 March 2020

croatia

M.Simsa

COVID-19 Update – Croatia – Tax / Banking & Finance

On 19 March 2020 the Croatian Parliament adopted a series of laws aiming to reduce the adverse effects of the coronavirus on the Croatian economy.

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newsletter

Czech Republic: Coronavirus from the employer's perspective

With regard to the current situation related to coronavirus, below we provide information on (i) the latest measures adopted by the Czech authorities, (ii) recommended prevention, (iii) possible measures to be taken by employers, and (iv) where to find relevant information provided by public authorities.

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newsletter

18 March 2020

austria

B.Rajal

Informationen zu Ausfuhrbeschränkungen im Zusammenhang mit COVID-19

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newsletter

Exportverbote für Arzneispezialitäten

Am 01.04.2020 tritt die Verordnung über die Sicherstellung der Arzneimittelversorgung ("AMVS-VO") in Kraft. COVID-19 war zwar nicht der Grund für die Erlassung der Verordnung, die Auswirkungen der Corona-Pandemie könnten jedoch schnell zum ersten größeren Anwendungsfall der AMVS-VO werden.

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newsletter

Export bans for medicinal products

On 1 April 2020, the Ordinance on Ensuring the Supply of Medicinal Products (Verordnung über die Sicherstellung der Arzneimittelversorgung, "AMVS-VO" or the "Ordinance") will enter into force.

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newsletter

16 March 2020

austria

I.Sirakova

Gold rush with disinfectants

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newsletter

CEE: EU & Competition Monthly Bulletin – March 2020

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newsletter

E-healthcare and telehealth become vital to tackling COVID-19 in CEE

Worried about COVID-19? During the outbreak, it is challenging for patients to seek in-person medical care.

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newsletter

16 March 2020

austria

I.Sirakova

Goldrausch mit Desinfektionsmitteln

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newsletter

13 March 2020

austria

S.Kühteubl

Einführung von Kurzarbeit infolge des Coronavirus

Als Instrument zur Aufrechterhaltung des Beschäftigungsstandes hat sich die Kurzarbeit in wirtschaftlich schwierigen Zeiten, wie etwa während der Finanz- und Wirtschaftskrise 2008/2009, bewährt.

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newsletter

12 March 2020

austria

G.Leissler

Grundlegende Information: Epidemiegesetz und Verordnungen

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newsletter

12 March 2020

austria

G.Leissler

Die Meldepflicht unter dem EpidemieG: Datenschutzrechtliche Aspekte

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newsletter

11 March 2020

austria

Coronavirus – Auswirkungen auf Vertragsbeziehungen und kurzfristiger Handlungsbedarf (German)

Das Coronavirus stellt nicht nur die Gesellschaft allgemein, sondern auch die Wirtschaft vor große Herausforderungen.

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newsletter

10 March 2020

austria

S.Kühteubl

Coronavirus: Arbeitsrechtliche Aspekte

In den letzten Tagen sind Arbeitgeber (AG) mit zahlreichen Medieninformationen und behördlichen Stellungnahmen zum Coronavirus konfrontiert worden.

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newsletter

09 March 2020

czech republic

New regulation of real estate agencies | Czech Republic

A new Act No. 39/2020 Coll., on Real Estate Brokerage, came into effect in the Czech Republic on 3 March 2020.

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newsletter

06 March 2020

austria

G.Leissler

Coronavirus – general legal information

The duty to report suspected coronavirus infections and the statutory basis for related compulsory measures is predominantly set forth in the Austrian Pandemic Act 1950 (Epidemiegesetz 1950) and its related ordinances and decrees, as issued by the Federal Ministry of Labour, Social Affairs and Consumer Protection.

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newsletter

05 March 2020

austria

G.Leissler

Rechtliche Informationen zum Coronavirus (German)

Das Auftreten des Coronavirus in Österreich hat trotz aller behördlichen Bemühungen Unsicherheit und Informationsbedarf verursacht.

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newsletter

02 March 2020

poland

A.Stawiarska

What's new for Polish companies in 2021? | Poland

2021 will be a year of changes for companies in Poland. With the recent postponement of the already announced innovations and the new obligations for joint-stock companies and joint-stock partnerships, companies have time to prepare for what's to come.

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newsletter

28 February 2020

serbia

A.Radonjanin Z.Šoljaga

Serbia introduces opposition system: A major leap towards more harmonised trademark law | Serbia

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newsletter

24 February 2020

austria

C.Cudlik C.Jirak

New opportunities for renewable energy: Austrian government programme 2020 to 2024 | Austria

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newsletter

Bulgaria: Approaching Deadline for Inactive Companies | Bulgaria

Pursuant to the Bulgarian Accountancy Act (Закон за счетоводството), companies must publish their annual financial statements in the Commercial Register and Register for Non-profit Legal Entities ("Commercial Register") by 30 June of the calendar year following the reported period.

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newsletter

21 February 2020

hungary

G.Szalóki

Hungarian government settles pharma debts: An opportunity for factoring companies? | Hungary

Hungarian hospitals are facing problems paying for drugs and medical devices. Many suppliers have claims worth millions of euros and are having difficulty enforcing them against either the hospitals or the Hungarian government.

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newsletter

19 February 2020

romania

G.Bădescu

Net & the City: Key takeaways for dominant companies and holders of essential facilities stemming from a recent fine imposed by the Romanian Competition Council

A recent fine imposed by the Romanian Competition Council (the "RCC") set off the alarm bells for companies holding essential facilities (and enjoying a dominant position on the market) and local authorities interested or involved in developing infrastructure projects.

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newsletter

The four-eyes principle: Joint representation of executive directors and proxyholders | Czech Republic

The four-eyes principle is an effective way for companies to control management dealings. It is based on the idea that the company must be represented by two people acting jointly, usually two members of the statutory body.

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newsletter

17 February 2020

austria

D.Hofmarcher A.Pabst

Impacts of the CJEU's e-book decision on the trade with digital goods | Austria

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newsletter

17 February 2020

austria

G.Ebner

Judicial authorisation of transfer of shares with restricted transferability | Austria

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newsletter

Bulgaria: New Legislation in the Rose Cultivation Sector

Bulgaria is well-known for its roses, more precisely its oilseed roses (маслодайни рози). Oilseed roses are famously used to produce rose oil, which is one of the most expensive oils, commonly referred to as "liquid gold".

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newsletter

13 February 2020

austria

C.Jirak

Response to ECJ decision on measuring air pollutants | Austria

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newsletter

11 February 2020

bulgaria

M.Gabrovska

Bulgaria: Deadline for Update of AML Internal Rules

Under Bulgarian anti-money laundering law, all obliged entities must adapt their internal rules in accordance with Article 101 of the Bulgarian Anti-Money Laundering Act ("AMLA") within six months following the publication of a national assessment of the risks related to money laundering and terrorism financing ("National Risk Assessment") on the website of the State Agency for National Security ("SANS").

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newsletter

06 February 2020

serbia

New Regulation for Derivatives Transactions with Sovereign Counterparty in Serbia | Serbia

According to the Public Debt Act (Zakon o javnom dugu) of the Republic of Serbia, the Minister of Finance manages the country's public debt by (i) entering into transactions that would reduce or eliminate currency risk, interest rate risk and other risks, (ii) deciding on the sale and purchase of foreign currencies, and (iii) managing cash balances on the Republic of Serbia's treasury accounts.

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newsletter

31 January 2020

austria

T.Hayden

The consequences of Brexit for Austrian VAT

After several extensions and long negotiations, the United Kingdom is now set to leave the European Union on 31 January 2020, after which a transitional period will commence until 31 December 2020.

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newsletter

New Labour Act in Montenegro

The new Labour Act (OGM, no. 74/19) (Zakon o radu) ("Labour Act") entered into force in Montenegro on 8 January 2020, replacing the 2008 Labour Act (OGM, nos. 49/08, 26/09, 88/9, 26/10, 59/11, 66/12, 31/14, 53/14 AND 4/18) ("2008 Labour Act").

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newsletter

Landmark Supreme Court ruling on single economic entity doctrine regarding joint ventures | Austria

In a recent judgment, the Austrian Supreme Court found that the concept of the "single economic entity" (wirtschaftliche Einheit) may also apply to jointly controlled undertakings.

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newsletter

24 January 2020

austria

M.Pressler

PSD2: FMA publishes circular on limited network exemption, including new details on the notification obligation | Austria

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newsletter

16 January 2020

bulgaria

G.Petkova

Bulgarian watchdog introduces simplified and more extensive merger filing in new merger filing guidelines l Bulgaria

From 1 January 2020, the Bulgarian Commission for the Protection of Competition (the "CPC") has been applying new merger filing guidelines (the "Guidelines").

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newsletter

13 January 2020

croatia

Fourth round of Croatian tax reforms takes effect l Croatia

In late November 2019 the Croatian Parliament passed a series of laws amending Croatian tax legislation. The new laws, in the most part, came into effect on 1 January 2020.

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newsletter

Article 15(3) of GDPR and right to access files or documents – an Austrian perspective

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newsletter

08 January 2020

hungary

A.Turi M.Kovács

Rising focus on HCA settlement proceedings – case law round-up l Hungary

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newsletter

04 January 2020

romania

C.Manea G.Bădescu

New changes to the Romanian Food Trade Law: what can retailers and suppliers expect?

The new Law 28/2020, recently promulgated by the President of Romania and pending publication in the Official Gazette, squeezes in several amendments to the Food Trade Law 321/2009.

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newsletter

20 December 2019

serbia

Z.Šoljaga S.Petronijević

Competition authority imposes landmark fine under leniency programme

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newsletter

02 December 2019

austria

V.Stark M.Pressler

Payment Services Directive 2 (PSD2) – Paving the way for Open Banking

The revised Payment Services Directive (PSD2), applicable since 13 January 2018, has paved the way for Open Banking. Open Banking describes a shift from a closed model of banking to one in which customer data is shared between different members of the banking ecosystem.

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newsletter

20 November 2019

romania

M.Florea V.Stropșa

Financial institutions in Romania: Ready for the new outsourcing rules?

The revised European Banking Authority ("EBA") Guidelines on outsourcing arrangements (the "Guidelines") have recently come into force. They change the rules for outsourcing by credit institutions and investment firms subject to the Capital Requirements Directive* as well as by payment and electronic money institutions ("Financial Institutions").

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newsletter

19 November 2019

austria

New rules for Digital Content & Sale of Goods 5/5

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newsletter

IP Right Enforcement in the EU: CJEU Reduces Claimant's Liability Risk when Seeking Preliminary Injunctions

The Court of Justice of the EU (CJEU) recently dealt with "appropriate compensation" due in cases where a preliminary injunction based on IP rights was lifted or not rectified in subsequent main proceedings.

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newsletter

11 November 2019

bulgaria

G.Petkova

CEZ Bulgaria not for sale l Bulgaria

CEZ Bulgaria is not for sale. This seems to be the (hidden) conclusion when reading the decision of the Bulgarian competition authority (the "CPC") prohibiting the acquisition of CEZ Group's entire assets in Bulgaria by Eurohold Bulgaria AD.

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newsletter

11 November 2019

romania

C.Tudoraș

Directors' confidentiality obligations l Romania

Under the Companies Law, directors are prohibited from disclosing confidential information and trade secrets to which they have access in their capacity as a director. Further, the law states that the scope and duration of a director's confidentiality obligations must be agreed by the director and their company in the applicable mandate agreement.

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newsletter

11 November 2019

serbia

Z.Šoljaga

The new Serbian Act on State Aid Control: An overhaul of the current system

The new Serbian Act on State Aid Control ("SAA")1 has entered into force. Its implementation, apart from the provisions on organisation of the Commission on State Aid Control ("Commission"), will begin on 1 January 2020.

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newsletter

08 November 2019

croatia slovenia

State aid for the Balkan's energy mix approved

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newsletter

05 November 2019

austria

Austria: Pre-emptive right on shares unenforceable in insolvency proceedings?

Shareholders of Austrian limited liability companies usually want to have influence over whom they are associated with. That's why shareholders often agree on a pre-emptive right (Aufgriffsrecht) to purchase existing shares in certain cases, e.g. in case of insolvency proceedings against a shareholder.

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newsletter

04 November 2019

austria

M.Pressler

Payment Services Directive (PSD2) – Strong Customer Authentication and additional migration period for e-commerce businesses

The revised Payment Services Directive (PSD2), applicable since 13 January 2018, brought significant changes to the payment markets in the EU. In particular, PSD2 requires certain payment services providers (PSPs) to apply strong customer authentication (SCA, also referred to as two-factor authentication) in remote electronic transactions. 

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newsletter

31 October 2019

austria

New rules for Digital Content & Sale of Goods 4/5

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newsletter

28 October 2019

poland

B.Jóźwik

Recent Changes in Polish Labour Law

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newsletter

Limitation of liability of elected corporate body members

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newsletter

24 October 2019

poland

P.Kułak

Polish Supreme Court comments on anti-competitive vertical agreements - Poland

The Supreme Court recently explained that the Office for Competition and Consumer Protection (OCCP) does not have to identify all of the parties to anti-competitive vertical agreements in decisions issued in such cases.

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newsletter

22 October 2019

austria

C.Haid G.Leissler

A novel model for calculating GDPR fines: Companies beware!

Competition authorities are typically lambasted for their ever-increasing fines for breaches of competition law.

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newsletter

18 October 2019

austria

N.Zafoschnig

Electric filling station: no operation of an electricity company - Austria

In its decision of 18 September 2019, the Austrian Higher Administrative Court ("VwGH") found that the operation of an electric filling station does not constitute the operation of an electricity company and is thus subject to the rules of the Austrian Trade Act ("GewO").1

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newsletter

16 October 2019

austria

New rules for Digital Content & Sale of Goods 3/5

e-commerce
(legal insight 3 in a series of 5)

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newsletter

15 October 2019

romania

D.Trusculete

Bid rigging, a slippery slope for snow removal companies - Romania

The Romanian Competition Council (the "RCC") recently imposed a total penalty of EUR 1.1m on four companies for indulging in anticompetitive practices.

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newsletter

07 October 2019

austria

Supreme Court finds insolvency related avoidance claims assignable - Austria

The Austrian Supreme Court has recently found that insolvency related avoidance claims can be sold. This may open a whole new business segment and will most certainly have a material impact on defendants in avoidance proceedings.

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newsletter

03 October 2019

austria

G.Leissler

CJEU: "opt-out" language does not create valid cookie consent - Austria

Case: C‑673/17; Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV vs Planet49 GmbH

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newsletter

02 October 2019

austria

New rules for Digital Content & Sale of Goods 2/5

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newsletter

27 September 2019

austria

B.Rajal

Additional funding for renewable energy - Austria

On 25 September 2019, an amendment to the Green Electricity Act (Ökostromgesetz 2012 – "ÖSG 2012") passed the Austrian National Council. The objective of the amendment is to prevent an interruption of the expansion of green electricity and to ensure a stable transitional period until the Renewable Energy Expansion Act (Erneuerbaren Ausbau Gesetz) is adopted in the next legislative period.

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newsletter

18 September 2019

slovenia

Amendments to Competition Act on horizon - Slovenia

The Ministry of Economic Development and Technology (the Ministry) is contemplating significant amendments to Slovenia's antitrust and merger control proceedings and has prepared a draft amendment1 to the Prevention of Restriction of Competition Act.2

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newsletter

18 September 2019

austria

New rules for Digital Content & Sale of Goods 1/5

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newsletter

12 September 2019

poland

W.Kapica A.Stawiarska

An innovative solution for start-ups - Poland

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newsletter

06 September 2019

hungary

A.Turi M.Kovács

By cash or card? HCA releases findings of sector inquiry into bank card acceptance market

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newsletter

03 September 2019

romania

M.Neagu

Private companies must now declare their beneficial owners - Romania

Failure to comply with the recently introduced obligation to declare beneficial owners for registration purposes with the Central Register of Beneficial Owners of Private Companies can mean fines of up to RON 10,000.

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newsletter

29 August 2019

czech republic

New developments in the Czech competition authority's decision-making practice: whistleblowers and appointed guardians

The Czech Office for the Protection of Competition recently found two companies guilty of bid rigging in a public tender.

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newsletter

13 August 2019

M.Simsa S.Hekelová

Spotlight on automotive industry: Introduction to the series and financing

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newsletter

06 August 2019

bulgaria

G.Petkova

Funeral agency fined for not complying with earlier CPC decision

On 27 June 2019 the Commission on the Protection of Competition (CPC) issued a decision in which it penalised funeral agency Elida MG EOOD (formerly Pokoy-1945 EOOD) for failing to comply with an earlier CPC decision.

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newsletter

05 August 2019

romania

M.Moga-Paler

Are you ready for the tax and employment authorities' dawn raids? - Romania

A wave of dawn raids from mixed teams of the Romanian tax and employment authorities (ANAF and ITM) is expected this August. As per public declarations, these measures target tax evasion and "black market" labour.

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newsletter

01 August 2019

poland

W.Kapica

Human rights in the financial sector

What do human rights have to do with financial institutions?

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newsletter

29 July 2019

bulgaria

E.Todorova

Growing cannabis in Bulgaria: Legal but still stigmatised

Bulgarian legislation on the legal cultivation of cannabis makes for interesting reading. Some readers might feel that the regulations and definitions are the most hilarious things ever, and this article aims to shed light on why this may be, while running you through some legalities.

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newsletter

25 July 2019

austria

C.Haid

Cyber-attacks and business secrets - Protection under criminal law

Business secrets are essential assets of companies, and are often the reason for a company having a competitive lead in a market. Thus, they constantly seek to develop new technologies, algorithms or software to create such intangible assets.

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newsletter

18 July 2019

austria

Management's liability for payments upon onset of insolvency

A financial crisis and situations where insolvency is imminent are not only challenging for a company and its management, but also entail significant liability risks for management in the case of subsequent insolvency proceedings.

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newsletter

15 July 2019

austria

Digital Services Tax proposed

In early April 2019, the Austrian Federal Government published a draft of the Digital Tax Act 2020 which is currently under review.

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newsletter

04 July 2019

poland

P.Kułak

Constitutional Tribunal finds undertakings have right to appeal against consent to conduct searches

The Constitutional Tribunal recently analysed regulations regarding dawn raids carried out by the Office for Competition and Consumer Protection (OCCP) and ruled that the respective law is not in line with the Constitution insofar as it excludes the possibility to challenge rulings allowing searches to be conducted.

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newsletter

New law on unfair trade practices in the food retail sector

Slovakia has a history of legislation focused on regulating business to business relationships in the food retail sector. Since 2004, four different acts have attempted to curb certain practices of food retailers and their suppliers in order to strike a fair balance in their business relationships.

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newsletter

25 June 2019

hungary

D.Gera

New rules on handling of employee data

In April 2019 – almost one year after the EU General Data Protection Regulation (GDPR) entered into force – Parliament adopted a new law amending several sectorial laws concerning the processing of personal data. In particular, the new law has amended the Labour Code's general provisions on the processing of employee data.

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newsletter

25 June 2019

austria

P.Feyl

First decision by Austrian Supreme Court on cash pooling: No blank cheque for banks but some relief

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newsletter

24 June 2019

austria

New EU Restructuring Directive: A game changer for restructurings?

The list of successful restructurings outside insolvency proceedings is as long as it is confidential. Every year, companies of all sizes are stabilised and sustainably restructured without the stigma of insolvency proceedings.

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newsletter

New regulation on whistleblowing in the Czech Republic

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newsletter

19 June 2019

austria

C.Schmelz

Does Austrian aviation law comply with the new EU rules for drones?

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newsletter

12 June 2019

austria

Say on pay and related party transactions: implementation of EU Shareholder Rights Directive II

The EU Shareholder Rights Directive II (2017/828) (SRD II), amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement, must be transposed into national law by 10 June 2019.

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newsletter

04 June 2019

austria

M.Simsa

Public liability based on incorrect land register entries is limited

Incorrect land register entries may trigger public liability. But in a recent decision the Austrian Supreme Court (1 Ob 198/18a) held that incorrect land register entries can only constitute public liability claims for a certain group of people.

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newsletter

29 May 2019

austria

A.Natterer

Admissibility of Stem Cell Therapy - Case Law Update Austria

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newsletter

22 May 2019

bulgaria

G.Petkova

New purchaser new rules. CPC clears the acquisition of Nova TV by Domuschievi brothers in "fast-track" proceeding

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newsletter

19 May 2019

romania

M.Neagu

Exit strategies: registering a share transfer when target shares are encumbered by third parties

The stock market's flexibility is its greatest selling point for publicly traded companies, as it allows a fast flow of capital while still enabling majority shareholders to implement fundamental corporate changes should they wish to exit the market.

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newsletter

Legal Alert for Approaching Deadline of UBO Registration

Bulgarian anti-money laundering law requires that companies and other entities having their seat in Bulgaria register their ultimate beneficial owner(s).

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newsletter

14 May 2019

austria

M.Simsa

Supreme Court facilitates financing companies with cross-border business

For the first time, the Austrian Supreme Court has upheld a security right granted under German law, even though the asset had been transferred to Austria.

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newsletter

09 May 2019

bulgaria

G.Petkova

CPC clears Domuschievi brothers' acquisition of Nova TV

In March 2019 the Commission for the Protection of Competition (CPC) cleared the acquisition of Nova Broadcasting Group AD (Nova TV) by Advance Media Group EAD, which is owned by the well-known Bulgarian businesspeople Kiril and Georgi Domuschievi.

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newsletter

Digital consumer protection in action – HCA launches market study into digital comparison tools

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newsletter

Consultation on implementation of network code on harmonised transmission tariffs

EU Regulation 2017/460 (16 March 2017) has established a network code on harmonised transmission tariff structures (TAR NC).

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newsletter

06 May 2019

romania

M.Cojocaru

A second chance for the renewables sector?

The Romanian Ministry of Energy recently finalised the public debate of a document outlining a new mechanism for supporting low-carbon electricity generation, in the form of a Contract for Difference (CfD) scheme.

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newsletter

02 May 2019

austria

C.Haid

Increased and uniform protection is coming: EU adopts new rules protecting and encouraging whistleblowing

Scandals from Danske Bank to LuxLeaks and the Panama Papers would never have come to light were it not for insiders who dared to expose major wrongdoings within companies and organisations.

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newsletter

Antitrust and Syndicated loans

In 2017 the Directorate-General for Competition of the European Commission (DGCOMP) kicked-off a process to examine loan syndication.

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newsletter

11 April 2019

bulgaria

E.Todorova

Bulgarian Courts and the Deepest Recesses of Marketing

Some local interpretations of the concepts of clean labelling and claims related to children's development and health

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newsletter

09 April 2019

austria

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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newsletter

03 April 2019

czech republic

Czech Republic: Health products distributor fined for resale price maintenance

The Office for the Protection of Economic Competition recently fined Czech health products supplier TCM Herbs Kc853,000 (approximately €33,500) for resale price maintenance (RPM).(1)

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newsletter

01 April 2019

austria

M.Simsa

Good news for creditors: Austrian Supreme Court strikes down significant impediment to creating valid collateral in Austria

The Austrian Supreme Court has abolished its former line of decisions on the recognition of collateral granted by way of security transfer (Sicherungsübereignung) under foreign jurisdiction. From now on, Austrian courts will have to recognise such collateral even if it does not comply with Austrian publicity requirements (Pubilzitätserfordernissen).

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newsletter

29 March 2019

austria

C.Jirak

Austria: Electric vehicles exempt from emissions-reducing speed limits

The transport sector is especially important for reducing worldwide greenhouse gas emissions and air pollutants. This is also the case in Austria.

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newsletter

26 March 2019

czech republic

Czech Republic: Competition office fines Booking.com €0.33 million

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newsletter

Bulgaria: Proposal for EU Directive on unfair trading practices in business-to-business relationships in the food supply chain

Can European farmers be certain that a bottle of milk or a kilo of apples will remain more expensive than a bottle of mineral water?

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newsletter

13 March 2019

belgium / EU

V.Weiss

A new regulation on FDI screening in Europe

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newsletter

Croatia: Agrokor's administration proceedings are entering the final stage

After almost two years, the extraordinary administration proceedings over Agrokor and 77 of its Croatian group companies is entering its final stage.

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newsletter

Influencer Marketing – Austrian Advertising Council Adopts Specific Rules

The Austrian Advertising Council (Österreichischer Werberat) is the self-regulating body of the Austrian advertising industry.

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newsletter

Austria | EBA publishes new guidelines on outsourcing for institutions applicable from 30 September 2019

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newsletter

28 February 2019

austria

S.Kühteubl

Kurzmeldung: Österreich: Ein "persönlicher Feiertag" für alle – der Leidensweg des Karfreitags

Die kürzlich ergangene Entscheidung des EuGH zum Karfreitag und die daraufhin entflammte politische Debatte haben zu erheblichen Unsicherheiten bei Unternehmen geführt.

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newsletter

27 February 2019

austria

C.Haid

Pharmaceutical industry remains in the focus of competition law enforcement - Austria

The market dynamics of the pharmaceutical industry are peculiar in many ways, including the characteristics of its demand and supply sides.

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newsletter

27 February 2019

bulgaria

G.Petkova

Bulgaria: Metro penalised for unfair comparative advertising campaign

The Commission for the Protection of Competition (CPC) recently penalised Metro Cash & Carry Lev14,972,320 or 2% of its 2017 turnover for conducting an unfair comparative advertising campaign. The CPC ordered Metro to terminate the campaign immediately and inform two national newspapers of the decision.

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newsletter

25 February 2019

austria

Austria: Proposal of the European Parliament and of the Council for a regulation on promoting fairness and transparency for business users of online intermediation services

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newsletter

22 February 2019

serbia

M.Vlajković

Serbia: Extended application of GDPR to non-EU countries in accordance with the Guidelines 3/2018 on the territorial scope of GDPR

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newsletter

22 February 2019

austria

P.Feyl U.Rath

Austria: Vienna Stock Exchange: quarterly reports for equity issuers no longer mandatory

Following some other European stock exchanges, the Vienna Stock Exchange (VSE) announced today, 22 February 2019, that it will no longer require issuers, the shares of which are admitted to trading on its regulated market, to publish quarterly reports.

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newsletter

20 February 2019

romania

M.Neagu

Romania: Enforceability of drag-along mechanism for limited liability companies

Of the five types of corporation that may be established under Romanian law, joint stock and limited liability companies continue to be the most common.

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newsletter

27 January 2019

hungary

D.Gera D.Gindl

Hungary: 'Slave Act': changes to working time rules

In Hungary, as is the case in other EU countries, recent economic growth has been accompanied by a labour shortage.

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newsletter

18 January 2019

romania

C.Manea

Don't jump the gun! Mergers may be caught in the Romanian Competition Council's crossfire

Gun jumping refers to premature enforcement of a merger before obtaining clearance from the competition authority.

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newsletter

18 January 2019

austria

P.Madl

Hurdles for short-term apartment rentals

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newsletter

18 January 2019

hungary

Hungary: Digital consumer protection – Black Friday success turns sour for major online marketplace

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newsletter

Hungary: Tricks and Traps of Electronic Communication

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newsletter

14 January 2019

Hungary

A.Turi

Hungarian Competition Authority revokes its decision clearing Digi's acquisition of Invitel and imposes a significant fine

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newsletter

13 January 2019

austria

P.Konwitschka

Austria: New unified cancellation right for insurance contracts brings legal certainty

Pursuant to Article 186 of the EU Solvency II Directive (2009/138/EC), EU member states must grant life insurance policyholders a 14 to 30-day period to cancel their contract from the time when the policyholders were informed that the contract was concluded.

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newsletter

11 January 2019

austria

G.Kucsko

Austrian Constitutional Court declares percentage Cap of Copyright Levies null and void

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newsletter

07 January 2019

austria

A.Natterer

Austria: Decree forbids sale of CBD products

Exactly four months ago, we reported that the Austrian pastry shop Aida was starting to sell cakes containing CBD and explained the legal situation. In the meantime, everything has changed. Or has it?

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newsletter

21 December 2018

serbia

M.Vlajković

Serbia catches up with the GDPR: New Data Protection Law adopted

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newsletter

19 December 2018

romania

A.Gal

Romania: Remedy of recourse no longer available in insurance litigation

Court decisions in insurance litigation are no longer subject to recourse, following a recent legal amendment which came into effect on 21 December 2018.

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newsletter

19 December 2018

Hungary

Gun jumping in Hungary - the authority imposes another fine amidst stricter enforcement tendencies

Yet another decision indicates that the Hungarian Competition Authority (HCA) is among the more rigorous competition authorities in Europe. It has once again imposed a fine for gun jumping, i.e. the acquisition of control over the target in a transaction already prior to competition law clearance. The HCA imposed the first ever gun jumping fine in March 2016, marking a new era of stricter enforcement of merger control rules in Hungary. Six other gun jumping decisions have followed since then. Meanwhile, the authority has also sanctioned undertakings for flaws in their notifications.

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newsletter

18 December 2018

hungary

G.Szalóki

Hungary remains strict on factoring

Factoring is an increasingly popular product of banks that appeals to corporate clients of whatever size as it provides liquidity to the clients and stable cash flow.  The factoring is usually structured in a way that the vendors of the client do not receive information on the factoring, the bank stays in the background; the relationship between the client and its vendor remains intact.  In practice, this means that the client continues to collect the amounts the vendor owes, although such amounts do not belong to the client anymore.  Also, it is not uncommon that even the soft workout stage stays with the client in case the vendor is in delay with its payment obligation; i.e. the client will be obliged to chase its vendor for the money.

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newsletter

14 December 2018

romania

O.Constantinescu

Romania: Environmental permits and integrated environmental permits now need to be endorsed every year

Environmental permits ("EP") and integrated environmental permits ("IEP") are now subject to annual endorsement, according to the new procedure adopted by the Ministry of the Environment. Permitholders will have to apply every year for endorsement to maintain the validity of the permits.

The procedure for the annual endorsement of EP and IEP was approved by Order No. 1171/2018 ("Order 1171") issued by the Ministry of Environment in line with the latest amendments to the GEO No. 195/2005 on environmental protection regarding the validity of EP and IEP. Order 1171 entered into force on 15 November 2018.

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newsletter

14 December 2018

austria

M.Stanisavljevic

Austria: Efficient Arbitration - Part 5: The Prague Rules: An Inquisitorial Alternative

The most recent article in our Efficient Arbitration Series looked at how document production, when handled properly, could save time and costs in arbitration proceedings.

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newsletter

12 December 2018

romania

D.Iàcona

Romania: Cybersecurity - call for action for major companies in critical sectors

The first piece of EU-wide legislation on cybersecurity is expected to be transposed into Romanian law anytime now, bringing into play enhanced system security obligations for major companies in certain sectors, as well as fines of up to 5 % of non-compliant companies' turnover.

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newsletter

12 December 2018

hungary

Hungary: HCA publishes digital consumer protection strategy

The Hungarian Competition Authority (HCA) recently published a strategy paper presenting its views on consumer protection in the digital age. The paper subtly indicates that the HCA will continue to follow the European Commission's guidance in this regard. The paper highlights the measures which the HCA deems necessary to protect consumers and keep up with the developments and companies central to this process.

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newsletter

11 December 2018

bulgaria

G.Petkova

Bulgaria: Competition authority penalises A1 Bulgaria EAD for cancelling agreement

With Decision No. 1308 of 22 November 2018, the Commission for the Protection of Competition (the "CPC") fined A1 Bulgaria EAD ("A1") BGN 840,340 for cancelling a partnership agreement with its main commercial representative. The CPC decided that the cancellation was effectively a violation of Article 37a (1) of the Protection of Competition Act (the "PCA"), which prohibits abuse of dominant position when contracting.

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newsletter

05 December 2018

austria

J.Böszörményi

GDPR implementing legislation in Austria

As in all EU member states, the EU General Data Protection Regulation (GDPR) came into effect in Austria on 25 May 2018. The centrepiece of Austria's GDPR implementing legislation was the Data Protection Amendment Act 2018 (for further details please see "Draft Data Protection Amendment Act 2018 in appraisal" and "Proposals to alter national Data Protection Act").

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newsletter

05 December 2018

poland

K.Pawlak

Filling the Gaps in Polish Corporate Law

On 30 November 2018, a new law implementing several changes to existing legislation (1), notably to the Civil Code and the Commercial Companies Code, as well as to tax laws, was announced. The new law, which will enter into force at the beginning of 2019 (with respect to matters commented on below, mostly as of 1 March 2019).

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newsletter

03 December 2018

romania

G.Bădescu

Snow-free roads for Santa in Romania: RCC proposals on the market for snow-removal salt

With less than one month to go before Christmas, most of us are getting excited about the holiday season and tidying up our gift lists for Santa. 

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newsletter

28 November 2018

czech republic

R.Bicek

Czech Republic: Which compliance programme can exculpate your company from criminal liability?

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newsletter

23 November 2018

romania

V.Stropșa

Romania: Is the new PPP legislation giving a boost to infrastructure projects?

This seems to be a hot year-end for Romanian infrastructure, with the government recently launching the first public procedure for the award of a strategic infrastructure project under the new Romanian PPP legislation: the construction of the Ploiesti-Brasov motorway.

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newsletter

Bosnia and Herzegovina (BiH) Competition Council introduces new tariffs

The Bosnia and Herzegovina (BiH) Competition Council will apply new tariffs as from November 2018. Among these, the most significant are the increased merger control clearance fees, which have doubled.

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newsletter

21 November 2018

serbia

S.Petronijević Z.Šoljaga

Serbia: "Baby-boom" and other RPM cases before the Competition Authority

The Serbian Commission for Protection of Competition (the "Commission") is taking steps to encourage the birth rate in Serbia, one of the country's primary political objectives. Its contribution to achieve that objective is current antitrust investigation on the baby care product market, which could ultimately lead to a price decrease and reduction of costs of raising a child in Serbia. 

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newsletter

16 November 2018

austria

Austria: Parliament adopts comprehensive environmental package

On 25 October 2018 Parliament adopted a new comprehensive environmental package comprising:

  • the Aarhus Participation Act;(1)
  • an amendment to the Environmental Impact Assessment Act;(2) and
  • an amendment to the Federal Environmental Liability Act.(3) 

Several other environment-related legislative initiatives are also underway at present (see, for example, "Will new state targets lead to reduced environmental protection?").
 
Although the amendments have yet to be published in the Federal Law Gazette, the new environmental package is expected to come into force by the end of 2018.

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newsletter

15 November 2018

bulgaria

T.Krumov

Bulgaria: New legal framework for repo transactions and derivatives with pension funds

The amendments provide new business opportunities to banks to enter into repo transactions and derivatives with Bulgarian pension funds.

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newsletter

14 November 2018

austria

A.Natterer

Healthcare Update - Mastering New Trends: Teleradiology* - Austria

Technology and innovation are key drivers of advancement in a variety of industries, and certainly in healthcare. The level of patient care can be improved considerably with the right mix of traditional and innovative treatments and solutions. Nevertheless, there are regulatory challenges to overcome.

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newsletter

Bulgaria: High time for companies to register their beneficial owner

Companies have until 31 May 2019 to register their beneficial owners in the Bulgarian Commercial Register and Register for Non-profit Legal Persons (the "Commercial Register"). This obligation comes as a result of the adoption of a new Law on the measures against money laundering in March this year (the "AML Law").

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newsletter

09 November 2018

austria

S.Lukic

Austria: The Jewel in the Crown (1)

Pursuant to Article 267 of the Treaty on the Functioning of the European Union ("TFEU"), the Court of Justice of the European Union ("CJEU") shall give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions.

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newsletter

06 November 2018

romania

M.Cojocaru

The Oil & Gas Offshore Law: A Romanian Odyssey

Debate is raging about the Romanian "offshore" law setting out the legal framework for oil & gas exploration and production in the Black Sea offshore perimeters (the "Offshore Law" or the "Law"), fuelling political turmoil and deterring investment. After a failed attempt to pass the Offshore Law in summer, there are signs of much needed stability.

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newsletter

Bulgaria: Case Law Developments Around Real Estate Financing

The Supreme Court of Bulgaria has clarified important aspects of enforcement over real estate assets that form part of an enterprise pledge.

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newsletter

02 November 2018

czech republic

Czech Republic: Office for the Protection of Competition gets tougher on fines for competition law infringements

In April 2018 the Office for the Protection of Competition adopted new guidelines on the method of setting fines for competition law infringements,(1) noting that the need for a revision of the previous guidelines had emerged in the wake of developing case law, as well as amendments to the Act on the Protection of Competition.

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newsletter

29 October 2018

austria

U.Rath T.Kulnigg

Österreich: Ab 2019 vereinfachter Kapitalmarktzugang für KMU, Wachstumsunternehmen und Startups durch Öffnung des Dritten Markts

Am 25.10.2018 hat der Nationalrat die seit langem erwartete Änderung des Aktiengesetzes beschlossen, die den Zugang von österreichischen Gesellschaften, insbesondere von KMU, Wachstumsunternehmen und Startups, zum Kapitalmarkt erleichtern soll.

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newsletter

25 October 2018

bulgaria

G.Petkova

Bulgaria: CPC penalises Speedy AD for failing to provide complete and accurate information

In Decision 1046 of 20 September 2018, the Commission for the Protection of Competition (CPC) approved the acquisition of Rapido Express and Logistics OOD by its competitor Speedy AD in accordance with Article 26(1) of the Protection of Competition Act. However, at the same time, the CPC penalised Speedy AD for failing to provide in its concentration notification complete and accurate information which the commission deemed materially and substantially important for evaluating the deal.

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newsletter

25 October 2018

poland

P.Halwa

Efficient Arbitration – Part 4: Document Production in International Arbitration

In Parts 1 – 3 of our Efficient Arbitration Series, we introduced various efficiency tools. In Part 4 we will discuss one of these tools which has considerable savings potential: “document production”.

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newsletter

22 October 2018

romania

M.Neagu

Romania: All board decisions made by delegation of powers can be challenged in court

To enable decisions to be passed efficiently, the Companies Law (31/1990) created flexible mechanisms and procedures allowing specific shareholder powers to be delegated to a company's management.

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newsletter

19 October 2018

austria

T.Kulnigg

Austria: Increased due diligence obligations for shareholder creditors?

The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor's material insolvency. 

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newsletter

New Act on the Control of Investments Detrimental to the Interests of Hungarian National Security

The Hungarian Government recently adopted Act no. LVII of 2018 on the Control of Investments Detrimental to the Interests of Hungarian National Security (the "Act"). 

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newsletter

Health and safety at work in Romania: What companies need to know to be safe

Failure to take or observe the mandatory measures for health and safety at work may entail, among other types of liability (e.g. civil, administrative), potential criminal liability for employers.

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newsletter

15 October 2018

romania

M.Moga-Paler

Romania: How to implement the new internship rules

The internship contract is an alternative tool by which a company provides a student or trainee the opportunity to work in the company to gain theoretical and practical knowledge in a specific field, with a view to possible employment after the internship is complete. The template documents necessary to put into practice the recent rules introduced to Romanian legislation in August 2018, have been approved and can now be used by companies active in Romania.

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newsletter

15 October 2018

bulgaria

G.Petkova

Bulgaria: Speedy AD sanctioned by competition authority for failure to provide complete and accurate information

With Decision No.1046 issued on 20 September 2018, the Bulgarian Commission for the Protection of Competition (the "CPC") gave the green light to the acquisition of Rapido Express and Logistics OOD by its competitor Speedy AD, in accordance with Article 26(1) of the Act for the Protection of Competition (the "APC").

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newsletter

09 October 2018

austria

C.Haid

Non-compliance in the Healthcare Sector - Iceberg ahead! - Austria

If anyone needed a wakeup call as to how critical a functioning compliance system and culture is, look no further than the recent reports in the Austrian media about allegations of fraud launched against a surgeon working at one of Vienna's most renowned public-sector hospitals.

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newsletter

04 October 2018

poland

P.Kułak

Poland: First year of law on unfair practices in food sector – an overview

One year has passed since the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade of Agricultural and Food Products entered into force.

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newsletter

26 September 2018

hungary

A.Turi M.Kovács

Hungary: HCA's recent practice: cooperation and commitments

In recent years, the Hungarian Competition Authority (HCA) has seemingly aimed to foster cooperation between itself and market participants. Recent case law shows that the HCA strives for cooperation even when market participants allegedly commit grave infringements of the competition rules. 

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newsletter

24 September 2018

austria

A.Natterer S.Khalil

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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newsletter

20 September 2018

hungary

D.Gindl D.Gera

How will new EU directive on work-life balance affect family-related leave in Hungary?

Gender equality may be a core EU principle, but it will not become a reality without effective legal action. To meet the EU objective of reaching a 75% employment rate for both men and women by 2020, the European Commission aims to change the existing legal framework.

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newsletter

18 September 2018

romania

G.Bădescu V.Weiss

The Romanian Competition Council never rings twice. Not even when abroad

"To our big surprise representatives from the Romanian Competition Authority arrived at our offices in Brussels on [date] and were joined by the Belgian police and the Belgian Competition Authority", reads the press release of a foreign-based investigated party raided by the Romanian authority.

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newsletter

11 September 2018

austria

C.Jirak

Austria: Will new state targets lead to reduced environmental protection?

Since the beginning of the Second Republic, the Constitution has provided so-called 'state targets', which have guided the government to declare certain interests to be substantial.

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newsletter

07 September 2018

austria

A.Natterer T.Kulnigg

Austria: Let them eat space cake

As of tomorrow, the traditional Austrian bakery Aida, which is known for its staff dressed in baby pink, will sell brownies containing CBD. The price will be EUR 4.20 – an inside joke, since "four-twenty" is code for the consumption of cannabis. 

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newsletter

03 September 2018

austria

N.Zafoschnig

Austria: Automatic permits for certain energy infrastructure projects

Proposed new legislation would introduce automatic permits for certain energy infrastructure projects (eg, electricity grids and power plants). According to the federal minister for digital and economic affairs, in order to maintain Austria's attractiveness as a business location and ensure sustainable development, comprehensive investment in its infrastructure is required. 

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newsletter

30 August 2018

romania

A.Gal

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.

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newsletter

30 August 2018

romania

Romania: Companies can now distribute dividends on a quarterly basis - but will they?

Until recently, Romanian companies could distribute dividends to shareholders only on an annual basis and on approval of their annual financial statements at the end of each financial year. This paradigm has changed and companies can now opt to distribute their dividends annually or quarterly.

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newsletter

22 August 2018

hungary

M.Kovács A.Turi

Major changes in trade secret protection are coming to Hungary

Shortly after the expiry of the 9 June 2018 deadline, the Hungarian parliament has finally adopted the new act on the protection of trade secrets ("Trade Secrets Act") which will transpose the Trade Secrets Directive EU 2016/943 into national law

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newsletter

16 August 2018

bulgaria

G.Petkova

Bulgaria: CPC issues first decisions prohibiting concentrations

On 19 July 2018 the Commission for the Protection of Competition (CPC) prohibited the following two concentrations:

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newsletter

Austria: The DPA's strict view on retention periods

End of July, the Austrian Data Protection Authority ('DPA') published its first decision on retention periods applying the General Data Protection Regulation ('GDPR'; DSB-D216.471/0001-DSB/2018). The decision is final. The DPA had to decide for which period a provider of telecommunications services (hereinafter: the 'controller') may (respectively must) retain so called master data, required for the controller's legal relationship with the user of its services (hereinafter: the 'applicant').

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newsletter

10 August 2018

hungary

D.Gindl D.Gera

Amendments to the Hungarian Data Protection Act

The Hungarian Parliament has recently adopted legislation with the aim of harmonising the national data protection rules with the rules of the GDPR, and supplementing the national rules in areas not regulated by the GDPR. The Parliament adopted Act XXXVIII of 2018 ("Amendment") in an extraordinary session and the new regulations entered into force on 26 July 2018.

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newsletter

08 August 2018

bulgaria

G.Petkova

First decisions prohibiting concentrations issued in Bulgaria

On 19 July, 2018 the Bulgarian Commission for the Protection of Competition (the "CPC") prohibited two concentrations. The first being the sale of the second largest media conglomerate in Bulgaria, Nova Broadcasting Group AD ("Nova Broadcasting"), (owner of Nova TV), to PPF Bidco, (owned by Czech businessman Petr Kellner), and secondly the sale of CEZ's assets in Bulgaria, which include its energy distribution business, trade business and some small renewable energy parks to a Bulgarian company, Inercom, which maintains three solar power stations in the country.

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newsletter

26 July 2018

hungary

G.Szalóki

Hungary reconsiders the banking transaction tax to promote electronic payments

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newsletter

European Union: Your Web Doctor will see you now - software as a medical device

Patients nowadays have access to an enormous range of medical knowledge through social media, websites and health apps (in combination with wearables). The latter have become increasingly popular in recent years because of their ability to monitor in real time pulse, blood pressure, blood glucose levels and other parameters.

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newsletter

18 July 2018

austria

N.Zafoschnig

Danube port legislation: building a bridge across various jurisdictions

The Danube is the longest river in Central Europe, and thus has significant economic potential. However, the full potential of the Danube as a major transport route has not yet been exploited. A reason for this is the fact that the Danube crosses ten countries, and there are, as a result, ten different applicable port legislations in the Danube region. 

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newsletter

Merger Control: Guidance Paper on New Transaction Value Thresholds in Austria and Germany

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newsletter

04 July 2018

romania

M.Neagu

Romania: One step closer to enforcing Fourth AML Directive: changes for private companies regarding ownership transparency

Following the entry into force of the Fourth Anti-money Laundering (AML) Directive (2015/849) in 2015, Ireland, Greece, the Netherlands and Romania are still in the process of passing appropriate implementation measures into national law. As such, they have exceeded the 26 June 2017 transposition deadline by one year.

 

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newsletter

Újdonság a cégjegyzékben: a képviseleti jog nélküli vezető tisztségviselő

A magyar jog eddig is megengedte, hogy egy társaság tagjai korlátozzák a vezető tisztségviselő (ügyvezető) képviseleti jogát. Ebből kifolyólag olyan vezető tisztségviselő kinevezése is megengedett, aki egyáltalán nem jogosult a társaság képviseletére.

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newsletter

Hungary: Introducing the managing director without representation rights

Hungarian law has always permitted shareholders of a company to limit the power of the company's managing director(s). Thus, it has also been allowed to appoint a managing director without any right to represent the company.

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newsletter

Hungary: Influencers have been targeted by the HCA, but what about buying followers?

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newsletter

03 July 2018

austria

J.Stalzer

The time has come: Federal Procurement Act 2018 just around the corner in Austria

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newsletter

21 June 2018

bulgaria

T.Krumov

Bulgaria: Boost to creditors’ rights on pledged receivables

"Banks may now agree to collect pledged receivables prior to accelerating the secured debt under floating charges like security interests."
Tsvetan Krumov

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newsletter

21 June 2018

czech republic

Czech Republic: Competition Authority fines firm for restrictive clauses in lease agreements

Restrictive clauses are common in commercial lease agreements.

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newsletter

21 June 2018

poland

P.Kułak

Poland: Recent competition developments in merger control field

Merger control is one of the Polish Office for Competition and Consumer Protection's (OCCP's) main areas of activity, as it deals with 170 to 220 filings annually. 

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newsletter

20 June 2018

hungary

D.Gera D.Gindl

Hungary: Decline in turnover as grounds for dismissal

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newsletter

19 June 2018

romania

Romanian companies will be able to distribute dividends on a quarterly basis

The Romanian Parliament recently approved the Law on the Amendment and Completion of the Accounting Law No. 82/1991, Amendment and Completion of the Companies Law No. 31/1990 and Amendment and Completion of Law No. 1/2005, on the organisation and functioning of cooperative companies.

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newsletter

13 June 2018

austria

D.Hofmarcher

Beware: not only 25 May but also 9 June has passed

It seems not only companies but also many Member States were so busy preparing for the GDPR that they lost sight of the Trade Secrets Directive that should have been transposed into national laws by 9 June. That's regrettable, because it is important legislation between "privacy", unfair competition and IP, establishing a modern and for the first time EU-wide regime for the protection of trade secrets.

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newsletter

12 June 2018

bulgaria

G.Petkova

Bulgaria: CPC deems minimum hotel accommodation prices anti-competitive

The Ministry of Tourism recently proposed the introduction of minimum prices for sites categorised as 'accommodation places'. In Decision 529/10.05.2018, the Commission for Protection of Competition (CPC) opined on the proposal's compliance with competition rules.

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newsletter

Austria: ECJ latest Facebook ruling makes waves: Impact under the GDPR?

In its decision C-210/16 of 5 June 2018, the European Court of Justice (ECJ) ruled on a dispute between a German academic institution and a German data protection authority. The institution operated a fan page on Facebook and collected user data via cookies, which were placed by means of a function called "Facebook Insights".

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newsletter

30 May 2018

austria

T.Kulnigg

Cybersecurity: Why it matters in M&A Transactions

At a time when we are all dependent on our IT systems and when digital assets are of central importance, cybersecurity is one of the most critical aspects to protect our businesses, know-how and data from being stolen, disclosed, deleted and/or manipulated.

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newsletter

29 May 2018

hungary

K.Hetényi

Hungary: GDPR Considerations in M&A Transactions

The General Data Protection Regulation (GDPR) came into force on May 25 and introduced unified EU rules on personal data protection.

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newsletter

29 May 2018

austria

Austria: Are you still buying or already mining? Mining cryptocurrencies as a permanent establishment

The taxation of cryptocurrency transactions is a hot topic. The Austrian Ministry of Finance recently issued an interesting ruling outlining when mining for cryptocurrencies in Austria by a non-resident taxpayer may trigger a permanent establishment.

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newsletter

Österreich: FMA veröffentlicht Leitfaden zu IT-Sicherheit in Kreditinstituten

Am 8.5.2018 veröffentlichte die FMA einen Leitfaden, der die Risiken in Zusammenhang mit Informations- und Kommunikationstechnologien (IKT) in Kreditinstituten adressiert (der "Leitfaden"). Der Leitfaden ist auf der Homepage der FMA abrufbar.

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newsletter

11 May 2018

R.Perner

WiEReG – Umfangreiche Sorgfalts- und Meldepflichten

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newsletter

11 May 2018

romania

M.Neagu

Romania: Squeeze-outs of minority shareholders: methods and pitfalls

The squeeze-out of minority shareholders in closely held companies is one of the most controversial issues in Romania, having led to many debates both in and out of court.

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newsletter

Hungary: New Arbitration Rules of the HCCI

Following the entry into force of the new act on arbitration (Act LX of 2017 on Arbitration, the “Act”) this year, the Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (“HCCI”) adopted its new procedural rules (“Arbitration Rules”) effective and applicable as of 1 February 2018.

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newsletter

24 April 2018

austria

G.Leissler

Austria: Proposals to alter national Data Protection Act

In Summer 2017, and thus before the autumn parliamentary elections took place, the legislature rushed through the national Data Protection Amendment Act 2018.

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newsletter

EU: New Deal for Consumers - A Proposal to Strengthen Collective Redress

The European Commission has just published its comprehensive proposal for the so-called "New Deal for Consumers", which aims to strengthen EU consumer rights and enforcement. This includes the proposal for a new Directive enabling certain qualified entities to seek redress on behalf of consumers who have been harmed by an unlawful commercial practice.

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newsletter

18 April 2018

austria

U.Rath

Begutachtungsentwurf zu Harmonisierung und Vereinfachung des Prospektrechts veröffentlicht

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newsletter

18 April 2018

türkiye

M.Kutluğ

Turkey: Can your salary be paid in Bitcoin?

Bitcoin can be briefly defined as a new virtual payment system. It provides an online payment opportunity for the purchase of goods and services. Transactions in Bitcoin can be made between users without the need of an intermediary, as the system that does not require a central pool or sole manager, making it the first non-centralised currency.

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newsletter

18 April 2018

austria

C.Jirak

Right to clean air – latest developments

In general, the Austrian legal system does not give individuals the right to force the legislature to act in a specific way or pass concrete laws. Normally, only political pressure can combat inaction. However, when it comes to air quality, things are different.

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newsletter

Romania: New recommendations from the Romanian Competition Council for online retailers

The Competition Council launched its report on the e-commerce sector, zooming-in the marketing strategy component, for public consultation.

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newsletter

18 April 2018

austria

B.Rajal

Proposed amendments to gas ordinances and balancing system

To comply with the applicable EU regulations, E-Control recently published draft amendments to the Gas System Charges Ordinance 2018 and the Gas Market Model Ordinance. In response to international criticism, E-Control also proposed a redesign of the Austrian gas balancing system. In order to implement these amendments in the current Austrian gas market, E-Control, in cooperation with the transmission system operators Gas Connect Austria GmbH and Trans Austria Gasleitung GmbH, drafted a proposal to establish a virtual interconnection point at Baumgarten.

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newsletter

18 April 2018

hungary

G.Szalóki

Hungary: Uncertainties related to ICOs and ITOs

Initial coin and token offerings (“ICO/ITO”) are innovative ways to finance startups similar to shares IPOs or crowdfunding. Startups may use these processes to raise funds with the aim of avoiding the rigorous regulation of the traditional capital-raising process.

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newsletter

18 April 2018

hungary

D.Gindl D.Gera

Hungary: Equal pay for equal work in the case of a business transfer

Fighting discrimination and enforcing the principle of equal treatment has a great importance in employment relationships. Fighting the gender pay gap is an important facet of this problem, but not the only one.

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newsletter

18 April 2018

austria

R.Perner

WiEReG – Umfangreiche neue Pflichten für Privatstiftungen

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newsletter

09 April 2018

austria

Austria: Responsibility to investigate - an update on avoidance risks

Following the opening of insolvency proceedings, the insolvency receiver typically tries to enlarge the insolvency estate by asserting voidance claims. Legal acts that occurred within certain suspect periods prior to the opening of insolvency proceedings might be declared void. Creditors may mitigate certain avoidance risks by investigating the debtor's financial situation when conducting legal transactions.

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newsletter

08 April 2018

hungary

D.Gindl D.Gera

Hungary: Use of electronic documents in employment relationships

With the constant development and advancement of digital technologies, the use of paper-based documents is gradually decreasing in all areas of life. This has affected the form of legal documents used in public administration and court procedures, as well as for contracts.

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newsletter

05 April 2018

poland

P.Kułak

Poland: Competition authority's first decision on unfair use of contractual advantage in food sector

In July 2017 the Act on Counteracting the Unfair Use of Contractual Advantage in Trade of Agricultural and Food Products entered into force. The act aims to protect small farmers and grocery suppliers against the abuse of power by large supermarkets and chain stores.

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newsletter

European Union: VAT Regime 2.0 - Will the Empire Strike Back?

The European Commission proposed fundamental changes to the current Value Added Tax (VAT) regime, aimed at delivering a definite pan-European VAT system in order to tackle tax fraud as well as to unify and simplify VAT requirements for companies while lessening red tape.

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newsletter

04 April 2018

Slovenia

Slovenia becomes next country to introduce restrictions on trans-fatty acids in foodstuffs

Among the constantly evolving measures aimed at consumer protection and health is the introduction of maximum permitted levels of trans-fatty acids ("TFA") in foodstuffs. Slovenia has joined certain other (EU) countries, which already restricted the content of TFA in food, by adopting new rules laying down maximum permitted levels of TFA in foodstuffs (Pravilnik o največji dovoljeni vsebnosti transmaščobnih kislin v živilih, "TFA Rules").

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newsletter

04 April 2018

romania

A.Gal

Romania: Medical malpractice suits on the rise. Solutions for insurance companies

We're on top of legal developments in Austria and CEE. Are you? Subscribe to our weekly updates!

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newsletter

29 March 2018

austria

G.Leissler

Austria: (De)Regulatory Affairs or the Delegates' proposal for altering the national Data Protection Act

Last summer and thus, before the elections of the Austrian parliament took place in autumn, the Austrian legislator rushed through the national Data Protection Amendment Act 2018 (Datenschutz-Anpassungsgesetz 2018, DSG 2018). In the pre-election phase the governing parties could not find the required majority to amend the constitutional law provisions which are part of the current legal framework.

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newsletter

Bulgaria: Submitting the ESPD in electronic form - facilitation or a hurdle for ongoing public procurement procedures?

As of 1 April 2018, applicants in tender procedures must submit the European Single Procurement Document ("ESPD") in electronic form using a template provided by the European Commission. 

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newsletter

Österreich: Exit-Szenarien ausarbeiten und Finanzen managen: Was Start Ups vorab tun können um Krisenstimmung zu vermeiden

Schönherr lud vergangene Woche gemeinsam mit dem Branchennetzwerk primeCROWD ein, die Schattenseiten des Start Up-Unternehmertums zu diskutieren. Das Fazit: Wie in jeder Beziehung, ist ein offener und ehrlicher Dialog wichtig, um Krisen zu vermeiden oder zumindest gestärkt aus Krisen hervorzugehen. Zahlreiche Start Ups und Investoren waren in die Wiener Kanzlei gekommen um sich Expertenmeinungen und Tipps zu Gesellschafterstreitfälle, Verstimmungen zwischen Start Ups und Investoren sowie zum Thema Insolvenz zu holen.

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newsletter

Beneficial Owner Register - what to disclose in Austria and Czech Republic?

The disclosure of beneficial owners has come to the fore with the EU Anti-Money Laundering Directive requiring EU member states to adapt their national legal provisions in respect of corporate and legal entities. The registering of beneficial owners in businesses is an attempt to prevent money laundering and to increase transparency of ownership of defined legal entities. The laws in all jurisdictions need to be strictly adhered to, in order to avoid sanctions. What is the applicability of these disclosure regulations in practice? What are the associated registration costs and deadlines involved? What are the sanctions for non-compliance?

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newsletter

20 March 2018

croatia

New Gas Market Act - Croatian gas market reform continues in 2018

The new Gas Market Act came into force on 3 March 2018 (Zakon o tržištu plina)[1], with the primary aim of regulating the rights and obligations of participants in the Croatian gas market pursuant to the Third Gas Directive (2009/73/EC). In short, the Croatian gas market was legally liberalised in 2008, and de facto opened in the 2012/2013 gas season with a further gas market reform in 2014 and 2017. A brief outline of the latest amendments to the Gas Market Act adopted in February 2017 can be found here. Despite efforts to open up the Croatian gas market, in 2015 and 2017 the European Commission initiated two distinct infringement proceedings against Croatia for noncompliance with the above Directive.

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newsletter

08 March 2018

bulgaria

G.Petkova

Bulgaria: Private damages directive implemented in law

On January 3 2018 the Act for Amendment and Supplementation of the Competition Protection Act was promulgated in the State Gazette. The new act implements EU Directive 2014/104 (November 26 2014) on certain rules governing actions for damages under national law for infringements of national or EU competition law (the Damages Directive). 

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newsletter

08 March 2018

austria

R.Perner

WiEReG – extensive duty-of-care and reporting requirements

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newsletter

07 March 2018

croatia

C.Haid

Croatia: New unfair trading act

Over the past few years, European and national institutions have warned about the negative effects of unfair trading practices in the supply chain. 

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newsletter

Kurzleitfaden zur EU-Datenschutz-Grundverordnung (DSGVO)

Die neue Datenschutz-Grundverordnung ("DSGVO") wird ab dem 25. Mai 2018 wirksam. Das bedeutet, ab diesem Zeitpunkt müssen alle Verarbeitungen personenbezogener Daten an die neue Rechtslage angepasst werden.

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newsletter

25 February 2018

austria

G.Leissler M.Woller

Österreich: Selbstlernende Systeme: Wem gehört’s – wer hat Schuld?

Die rasante technologische Entwicklung bis hin zu den sich selbst weiterentwickelnden Systemen künstlicher Intelligenz verlangt nach neuen juristischen Denkansätzen.

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newsletter

22 February 2018

czech republic

O.Fiala

Persistent uncertainty regarding the amendment to the Czech Building Act

The proclaimed goal of the new legislation is to speed up the lengthy approval process hindering building projects. Nevertheless, some provisions of the amendment were challenged before the Constitutional Court.

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newsletter

21 February 2018

serbia

New Montenegrin Law Seeks to Modernise the Tourism and Hospitality Industry

On 29 December 2017, the Montenegrin parliament adopted a new Law on Tourism and Hospitality (the "Law"), which entered into force on 18 January 2018.

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newsletter

08 February 2018

serbia

M.Vlajković

Will amendments to the Serbian Labour Act prevent illegal work?

A recent series of amendments to the Labour Act adopted by the National Assembly of the Republic of Serbia entered into force on 25 December 2017.

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newsletter

17 January 2018

Czech Republic

European Commission adopts rules clarifying requirements for traceability and security systems for tobacco products

On 15 December 2017, the European Commission adopted secondary legislation clarifying the requirements for EU-wide tracking and security systems for tobacco products, the implementation of which is presumed by Articles 15 and 16 of the new Tobacco Products Directive.

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newsletter

16 January 2018

poland

P.Kułak

Poland: Supreme Court provides guidance for calculating fines in resale price maintenance cases

In a recent antitrust judgment, the Supreme Court provided an additional explanation of its approach to calculating fines in cases of collusion concerning resale prices (ie, resale price maintenance). 

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newsletter

16 January 2018

hungary

A.Turi

Hungary: Compliance and compensation in consumer protection cases: the Vodafone example

A recent Hungarian Competition Authority (HCA) decision concerning Vodafone (Case Vj/12/2016) demonstrates that a reasonable cooperative approach may significantly affect the level of fine imposed on an undertaking. 

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newsletter

16 January 2018

hungary

D.Gera

Hungary: Procedural aspects of equal treatment claims

The Supreme Court recently issued a reasoned opinion on certain legal and procedural aspects of employment-related suits involving equal treatment claims. Although the opinion is not a source of law, it will serve as guidance for legal practitioners and courts dealing with such claims.

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newsletter

11 January 2018

bulgaria

G.Petkova

Bulgaria: Commission fines Laptop.BG for video blog content

The Commission for the Protection of Competition fined Laptop.BG Lev47,265 (approximately €24,160) for unfair practices in the form of contradicting genuine practices. The penalty represents 0.5% of the net income of Laptop.BG sales.

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newsletter

03 January 2018

bulgaria

E.Todorova

Bulgaria has liberalised the legal requirements on mixtures containing 1,4-Butanediol and y-Butyrolactone

On 20 December 2017, the Bulgarian parliament voted on a legislative amendment that will allow the marketing of risky substances containing mixtures intended for industry use.

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newsletter

Bulgaria: Substantial changes for non-profit legal entities from 1 January 2018

A number of laws regulating the establishment, activities and termination of non-profit legal entities in Bulgaria have been reformed. The most important changes are:

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newsletter

19 December 2017

Serbia

Serbia: Competition Authority's regional cooperation

In November 2017 the Competition Authority intensified its activities regarding regional cooperation. Representatives of the authority met with colleagues from the Competition Council of Bosnia and Herzegovina and attended conferences organised by the competition authorities of Romania and Croatia.

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newsletter

19 December 2017

Bosnia & Herzegovina

Bosnia and Herzegovina: Competition Council – no concentration when company takes over competitor's premises

The Competition Council recently took a stand regarding whether a situation in which a food retail company takes over a competitor's business premises and continues the same business activity in those premises constitutes a concentration. The council concluded that such situations should be notified as they are not considered concentrations according to the Competition Act.

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newsletter

19 December 2017

albania

Albania: Technology Transfer Block Exemption Regulation

The Competition Authority recently prepared the draft Technology Transfer Block Exemption Regulation. The draft regulation is aligned with EU Regulation 316/2014 on the Application of Article 101(3) of the Treaty on the Functioning of the European Union to Categories of Technology Transfer Agreements (March 21 2014). The authority put the regulation forward for public debate and is awaiting comments.

The authority recently celebrated the 14th anniversary of the Competition Act. On December 1 2003 the first modern competition law – aligned to a certain extent with acquis communitaire – entered into force in Albania. This was shortly followed by the entry into force of the Competition Act and the establishment of the Competition Authority in March 2004.

This article was first published on www.internationallawoffice.com 

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newsletter

14 December 2017

austria

C.Jirak

Automated driving: positive climate impact and recent efforts

The Paris Agreement sets the ambitious goal of achieving net zero greenhouse gas emissions in the second half of the 21st century. Therefore, worldwide traffic and transport must change. Despite these objectives, people tend to overlook the fact that automated driving is not only innovative and comfortable, but may also have an important impact on reducing greenhouse gas emissions in future.

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newsletter

12 December 2017

hungary

C.Haid

Hungary Update (III): Authority appoints first divestment trustee

There have been quite a few developments in Hungarian competition law over the past weeks. While legislators have introduced further changes to the Competition Act (see here for Update II), the Hungarian Competition Authority ("HCA") has issued two new decisions, assuming jurisdiction over a merger below the mandatory – but above the voluntary – merger control thresholds and appointing its first trustee in a merger control case.

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newsletter

Bosnia and Herzegovina: New Competition Act expected in 2018

The Competition Council of Bosnia and Herzegovina recently set out its objectives and priorities for 2018 in its 2018 Work Programme.

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newsletter

07 December 2017

hungary

C.Haid

Hungary Update (II): Amendments to the Competition Act

There have been quite a few developments in Hungarian competition law over the past weeks. While legislators have introduced further changes to the Competition Act, the Hungarian Competition Authority ("HCA") has also issued two landmark decisions, appointing its first trustee in a merger control case (see [please include hyperlink] for Update III) and assuming jurisdiction over a transaction where the parties' turnover was below the mandatory – but above the voluntary – merger control thresholds (see here for Update I).

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newsletter

07 December 2017

hungary

K.Hetényi A.Bognár

Hungary: A New Era of Collective Claims

On 1 January 2018, a new Act on civil court procedures will come into force, bringing a 50-year-long era to an end. The new law reforms existing shortcomings, such as lengthy and tedious procedures, and introduces mechanisms already widespread in Western and common-law jurisdictions, such as collective redress.

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newsletter

06 December 2017

austria

S.Lukic

Towards a Post-Arbitration Age: The European Commission’s Fast-Track Reform of Investment Dispute Settlement

The European Commission (“EC”) has recently taken another step in its efforts to replace the traditional investor-state-dispute-settlement (“ISDS”) mechanism which underlies the approximately 1,400 bilateral investment agreements in force between EU Member States and third countries.

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newsletter

06 December 2017

hungary

A.Turi

Hungary: HCA uses new investigative tool under merger control regime

Following a recent amendment to the Competition Act, the Hungarian Competition Authority (HCA) was given significant new investigative powers under the framework of its merger control duties. 

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newsletter

28 November 2017

serbia

M.Vlajković

Impact of the GDPR on the West Balkans

The General Data Protection Regulation ("GDPR"), which is expected to create a high-level and uniform framework for data protection in the European Union, becomes applicable on 25 May 2018.
Under the conditions set by the GDPR, its application will extend to non-EU West Balkan countries as well.

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newsletter

Amendments to Austrian Trademark Law

Recently, the Austrian Trademark Protection Act (MSchG) was amended in order to partly implement the EU Trademark Directive 2015/2436 and to better adapt the national provisions to the needs of trademark owners – "Trademark Initiative 2017" by the Austrian Intellectual Property Office (IPO). Most of the amendments have been in force since 1 September 2017.

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newsletter

22 November 2017

austria

U.Rath M.Pressler

Austria Adopts Statutory Outsourcing Regime for Credit Institutions

The Austrian parliament recently passed an amendment to the Austrian Banking Act (Bankwesengesetz – BWG), introducing a new statutory outsourcing regime for credit institutions applicable from 3 January 2018.
 

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newsletter

22 November 2017

hungary

D.Gera

Hungary: Incapacity to work – what can employers do?

Employers are often frustrated by employees' incapacity to work for health reasons. In an attempt to protect employee interests, legal regulations provide certain restrictions on what employers can do if an employee is unable to work for health reasons. A recent Supreme Court decision has further clarified some of these restrictions.

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newsletter

20 November 2017

hungary

C.Haid A.Turi

Hungarian Competition Authority assumes jurisdiction over a merger - the new investigative tool in action

The recent amendments to the Hungarian competition act not only raised the turnover thresholds for an obligatory merger control filing, but introduced the possibility of a voluntary filing if the parties achieved a combined domestic turnover of more than EUR 16 million in the preceding business year, and the transaction has the potential to restrict competition significantly. 

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newsletter

19 November 2017

austria

M.Pressler U.Rath

Österreich führt gesetzliche Regelungen für Auslagerungen von Kreditinstituten ein

Das österreichische Parlament hat eine Novelle zum Bankwesengesetz (BWG) verabschiedet, die erstmals rechtsverbindliche Regelungen für die Auslagerung bankbetrieblicher Aufgaben vorsieht. Die Bestimmungen treten mit 3. Jänner 2018 in Kraft.

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newsletter

16 November 2017

poland

W.Kapica D.Rutecka

Poland: New Rules on Confiscation to Fight Crime

On 27 April 2017, an amendment to the Polish Criminal Code and the Criminal Procedure Code implementing Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union came into force (the "Amendment"). 

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newsletter

10 November 2017

Croatia

Croatia: Adoption of a new Money Laundering and Terrorism Financing Prevention Act

On 27 October 2017, the Croatian Parliament enacted a new Money Laundering and Terrorism Financing Prevention Act (Zakon o sprječavanju pranja novca i financiranja terorizma; the "AML Act"). The main reason behind it was the transposition of the 4th AML Directive (Directive (EU) 2015/849) into the Croatian legal system.The most notable change in relation to the current Money Laundering and Terrorism Financing Prevention Act in force is the establishment of the Beneficial Owner Register as the central electronic database on the beneficial owners of legal entities (the "Register"). Despite pressure from public organisations, the Register remained inaccessible to the public.

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newsletter

EU: Lex "Nord Stream 2" in the pipeline

The European Commission has proposed an amendment to the Third Gas Directive 2009/73/EU ("Gas Directive") in order to extend the common gas rules to import pipelines. This will ensure the coherent applicability of the core principles of EU energy legislation (third-party access, tariff regulation, ownership unbundling and transparency) to all gas pipelines to and from third countries.

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newsletter

09 November 2017

austria

Arbitration: Collective Redress in Austria and the European Union

The development of effective instruments for collective redress is a widely discussed topic among European politicians, consumer protectors, legal scholars and dispute resolution lawyers. 

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newsletter

09 November 2017

austria

C.Benes

Update Austrian Stamp Duty Act – Residential Leases

Due to the amendment of the Austrian Stamp Duty Tax Act, lease agreements concerning residential premises are exempt from Stamp Duty Tax since November 11, 2017 (§ 33 TP 5 Abs 4 Z 1 GebG; this tax was up to 1 % of three times the annual gross rent). This exemption does not affect lease agreements regarding business premises, which are still subject to Stamp Duty Tax.

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newsletter

07 November 2017

croatia

DIP (supersenior) Financing in Croatian Insolvency

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newsletter

02 November 2017

Czech Republic

New Legislative Framework for Class Actions in the Czech Republic

The Ministry of Justice's proposal to introduce collective redress mechanisms in the Czech Republic was published on 26 September 2017. If approved by the Czech Government, the Ministry will proceed to draw up a legislative bill before the end of 2018.

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newsletter

31 October 2017

austria

Intercompany Transactions: How does BEPS Change Transfer Pricing?

The OECD's Anti Base Erosion and Profit Shifting Initiative (BEPS) significantly affects current transfer pricing regimes regarding intangibles, documentation and dispute resolution.

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newsletter

30 October 2017

romania

G.Bădescu C.Manea

Competition: Restrictive definition of the geographic market - food retail

The Romanian Competition Council (the "RCC") will amend the review of geographic market when assessing mergers in the food retail sector, due to behavioral changes of companies active on the market and of consumers – as disclosed in a study prepared by the RCC.

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newsletter

30 October 2017

romania

M.Cojocaru

Romania to Introduce New Oil & Gas Royalties Regime

The Romanian government recently opened discussion on a long-awaited draft law aimed at redefining the existing oil & gas royalties system.

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newsletter

25 October 2017

austria

U.Rath

What is Fit&Proper? Challenges Under the New Joint Fit&Proper Guidelines of ESMA and EBA

On 26 September 2017, the European Banking Authority ("EBA") and the European Securities and Markets Authority ("ESMA") published the final report of their joint guidelines on the assessment of the suitability of members of the management body and key function holders in accordance with Article 91 (12) of Directive 2013/36/EU ("CRD IV") and Article 9 of Directive 2014/65/EU ("MiFID II") (the "Fit&Proper Guidelines").
The Fit&Proper Guidelines aim to harmonise and improve suitability assessments within the European financial sector, and to ensure sound governance in financial institutions in line with CRD IV and MiFID II.

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newsletter

24 October 2017

romania

I.Sava

Romania: Authorities Start Imposing Sanctions for Lack of Fire Safety Authorisations

From 1 October 2017, the Romanian fire safety authorities may start imposing sanctions on the beneficiaries of existing construction projects in Romania who failed to obtain (or at least apply for) the mandatory fire safety authorisation.

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newsletter

18 October 2017

poland

B.Jóźwik

From temporary employment to retirement age: News from the Polish labour law

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newsletter

18 October 2017

serbia

S.Petronijević

Competition Authority begins work on new Competition Act and block regulations

The Competition Authority, together with the Ministry for Trade, Tourism and Telecommunications, has lodged an initiative for the new Competition Act, which will replace the Competition Act 2009 (amended in 2013).

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newsletter

12 October 2017

poland

P.Kułak

Competition authority adopts new approach to gathering electronic evidence during dawn raids

The Warsaw Court of Competition and Consumer Protection recently delivered a significant judgment regarding the collection of electronic evidence during unannounced inspections conducted by the Office for Competition and Consumer Protection.

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newsletter

02 October 2017

austria

C.Cudlik C.Schmelz

Austria: New outlines for water management and planning

The main objectives of the EU Water Framework Directive are to achieve a good status in surface and groundwater bodies, good ecological potential and a good surface water chemical status in artificial and heavily modified water bodies. To achieve these objectives, EU member states had to issue a programme of measures and a river basin management plan for the first of three six-year planning cycles in 2009. The second programme of measures and the river basin management plan were due on December 22 2015.

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newsletter

01 October 2017

serbia

S.Petronijević

Competition Authority to monitor mobile phone retail market

In September 2017 the Competition Authority officially closed the investigation into the mobile phone retail market which it opened earlier in 2017 following three complaints regarding alleged coordinated practices and potential abuse of dominant position.

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newsletter

01 October 2017

serbia

S.Petronijević

Competition Authority imposes first fine for pre-implementation

The Competition Authority recently launched ex officio proceedings to investigate an acquisition of sole control by Prointer IT Solutions and Services doo over Alti doo.

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newsletter

30 September 2017

austria

T.Kulnigg

Are ICOs the future of fund raising?

With credit institutions still reluctant to provide financing to start-ups, many companies are looking for new ways to raise funds. Others are exploring ways to integrate new technology such as Distributed Ledger Technology (DLT), Blockchain and SmartContracts into their existing business models. Either way, initial coin offerings (ICO) or initial token offerings (ITO) are currently trending.

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newsletter

28 September 2017

austria

F.Urlesberger

ECJ Confirms: Only Full-function Joint Ventures Notifiable in Brussels[1]

The European Court of Justice held in a preliminary ruling following a request by the Austrian Supreme Court that the creation of joint ventures does not constitute a concentration under the EC Merger Regulation ("ECMR"), unless the joint venture can be regarded as a full-function undertaking.

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newsletter

27 September 2017

Serbia

Sketching the Setting Aside of Arbitral Awards in Serbia

For many doing business in Serbia, the local legal framework, including for arbitration, is the great unknown. However, a short introduction to this legal culture should suffice to reveal that when it comes to arbitration-related matters, Serbian laws are not so different from those in countries hosting some of the most popular arbitral seats.

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newsletter

22 September 2017

czech republic

E.Purgerová

Czech Republic: New Developments in Contract Registration

The Act No. 340/2015 Coll., on special conditions for the effectiveness of some contracts, the publication of these contracts and the register of contracts (the "Act") has been in effect since 1 July 2016, from which date contracts concluded with certain subjects, such as the state (the Czech Republic), state fund, etc., if the amount of the contract is above CZK 50,000, need to be published in the register of contracts (the "Register").

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newsletter

20 September 2017

hungary

D.Gera

Intragroup transfers of HR data

With the EU General Data Protection Regulation (GDPR) (2016/679) set to enter into force, data protection has become a hot topic for businesses throughout the European Union. Companies and enterprises operating in EU member states have made significant efforts to ascertain whether their data processing activities comply with the GDPR and identify areas that need to be revised to ensure compliance.

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newsletter

19 September 2017

montenegro

S.Petronijević

At a glance: Competition Authority activities in 2016

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newsletter

13 September 2017

hungary

G.Szalóki

Closer to market needs - recent amendments to the Hungarian insolvency regulation

The amendment to the Hungarian Insolvency Act came into force on 1 July 2017, with the aim of enhancing the protection of beneficiaries of security interests, and clarifying the position of creditors in liquidation proceedings, which are secured by call option, security assignment or pledge over future receivables.

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newsletter

13 September 2017

romania

M.Roibu

Romania: Environmental Protection through Criminal Law – Excesses, Omissions and other Flaws

The issue of environmental crime has been addressed in international and European fora for many years. The most recent international event dedicated to environmental protection was the 5th EELF Annual Conference "Sustainable Management of Natural Resources – Legal Instruments and Approaches" held from 30 August to 1 September 2017 at the University of Copenhagen.

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newsletter

12 September 2017

czech republic

New law implementing EU Damages Directive

On September 1 2017 the new Act on Damages in the Field of Competition (Damages Act)(1) came into force. The Czech Republic has thus finally joined the list of EU countries that have implemented the EU Damages Directive,(2) which establishes common EU rights for cartel victims seeking damages.(3) The Damages Act introduces many novelties into national law, which aim to improve the procedural status of citizens and businesses that claim compensation before the national courts for damages caused by an infringement of EU or national antitrust rules.

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newsletter

07 September 2017

hungary

K.Hetényi

Potential Hurdle for Acquisitions in Hungary by Non-EU and Non-EEA Investors

The Hungarian Ministry of the Interior recently submitted a legislative proposal to the Hungarian Government to amend the Act on Hungarian National Security Services (the "Proposal").

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newsletter

06 September 2017

romania

European Court of Human Rights: Employers have limited rights to monitor employee communications at work

A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media, in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.

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newsletter

04 September 2017

austria

N.Zafoschnig

Austria: New rules for mismatched unbundled capacities at interconnection points

The Gas Market Model Ordinance 2012 introduced a new gas market model in Austria. The ordinance regulates network access, capacity management and the balancing system in the three Austrian gas market areas: East, Tyrol and Vorarlberg.

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newsletter

31 August 2017

hungary

A.Turi

Hungary: HCA steps up against bid rigging in public procurement

Public procurements are often targets for bid rigging. The harm that a rigged public procurement can cause does not need explaining. Therefore, the Hungarian authorities and legislature have made extra efforts to fight this kind of behaviour.

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newsletter

31 August 2017

slovenia

Automotive industry again under scrutiny by Competition Protection Agency

The Competition Protection Agency is once again looking into the automotive sector by opening an antitrust proceeding against Renault (which operates as RENAULT NISSAN SLOVENIJA, doo) on July 13 2017. 

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newsletter

16 August 2017

Czech Republic

Czech Republic: Fifth Anniversary of Mediation in the Czech Republic

Mediation as an alternative to classic dispute resolution in other than criminal matters was formally incorporated into the Czech legal system in September 2012.

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newsletter

14 August 2017

bulgaria

G.Petkova

Bulgaria: CPC opinion on draft act for amendment of Administrative Procedure Code

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newsletter

10 August 2017

hungary

D.Gera

Hungary: Consultation duties in event of collective redundancy

The regulations of the Hungarian Labour Code concerning Employers' consultation duties and their respective interpretation by the Hungarian Authorities raises questions regarding compliance with European regulations, in particular with the EU Collective Redundancies Directive (98/59/EC).

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newsletter

01 August 2017

austria

G.Leissler

First Annual Privacy Shield Review to take place in September 2017

One of the core principles of the EU-US Privacy Shield ("Privacy Shield") is its Joint Review mechanism, which obliges the European Commission, the US Department of Commerce and the Federal Trade Commission to jointly review the functioning of the Privacy Shield on an annual basis, together with its national security and law enforcement aspects. The very first Joint Review is scheduled for September 2017. This first review is considered especially important, as it will be the first opportunity for US and EU regulators to closely analyse the operation of the Privacy Shield, address possible concerns about its functioning, and seek to ensure that the Privacy Shield continues to be a valid legal basis for transfers of personal data from the EU to the US.

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newsletter

27 July 2017

Serbia

Serbian Competition Authority Steps Up Antritrust Enforcement

The Serbian Commission for Protection of Competition (the "Commission") recently intensified its antitrust activities before the new Administrative Act came into effect. In one week alone the Commission initiated four antitrust cases and conducted two dawn raids.

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newsletter

21 July 2017

Hungary

A.Turi

Legality of large retail chains' use of rebates remains dubious

In Hungary, as in most countries, the main players on the food and fast-moving consumer goods retail market are a handful of big supermarket chains. Their buyer power – and the alleged abuse of this power – has been the subject of numerous competition law investigations.

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newsletter

20 July 2017

bulgaria

G.Petkova

Bulgaria: Remedies imposed on fuel companies following cartel investigations

For the second time in less than five years, the Bulgarian Commission for the Protection of Competition ("Commission") has opened investigation proceedings regarding prohibited agreements and concerted practices against the major fuel companies in Bulgaria and closed them without issuing penalties.

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newsletter

19 July 2017

Serbia

Bosnia & Herzegovina : New Competition Council members appointed

The process for appointing new Competition Council members began in October 2016. Six months later, the council is complete and operational.

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newsletter

18 July 2017

hungary

A.Bognár

Hungary: Are Interim Measures Hard to Enforce?

The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018.

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newsletter

Austria: Constitutional Court raises hope for third runway at Vienna International Airport

On June 29 2017 the Constitutional Court reached a landmark decision and overturned the Federal Administrative Court's February 2017 decision, which had rejected the permit for a third runway at Vienna International Airport on the grounds of climate protection and land use (for further details please see "Climate impact: game changer for third runway at Vienna Airport"). The Constitutional Court decided that it was unconstitutional for the Federal Administrative Court to include climate protection and land consumption in its decision.

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newsletter

10 July 2017

Serbia

Serbia: Competition authority fines two breweries €8.5 million

The Commission for the Protection of Competition recently issued a decision determining that two breweries – Pivara Skopje ad Skopje (from December 17 2012) and Pivarnica Prilep ad Prilep (from November 13 2010) – were engaged in resale price maintenance.

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newsletter

Austria: Update on Austrian-German single electricity market

For nearly 15 years Austria and Germany have shared a single electricity market, under which traded power market flows and cross-border capacity are not formally matched, and thus there is no congestion management on the Austrian-German interconnector. The German and Austrian electricity wholesale markets have since constituted a single bidding zone for electricity; thus, the same wholesale electricity price applies in both countries.

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newsletter

06 July 2017

austria

T.Waidmann

Austria: Avoid Expensive Mistakes As Startup Employer

As violations may lead to enormous liabilities, start-up employers are advised from the outset to comply with the applicable laws pertaining to their personnel. 

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newsletter

06 July 2017

Serbia

Serbia: Competition Authority fines manufacturers of edible sunflower oil

On March 13 2017 the Competition Authority determined that two edible sunflower oil market competitors (Vital and Victoriaoil) had concluded a restrictive agreement that limited the production of edible oil and inhibited competition on the market.

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newsletter

Renewable Energy: Amendment of the Austrian Green Electricity Act Doubles Funding

After four months of negotiations, the Austrian National Council has finally reached an agreement on the amendment of the Green Electricity Act ("Ökostromnovelle"). 

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newsletter

04 July 2017

austria

Austria: Major Changes in Personal Bankruptcy Law

On 28 June 2017 the Austrian Parliament passed the government's legislative proposal on insolvency law (Insolvenzrechtsänderungsesetz 2017). 

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newsletter

03 July 2017

austria

U.Rath

The EU Capital Markets Union – New Prospectus Regulation Finally Published in Official Journal

On 30 June 2017, Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market – the new Prospectus Regulation (the "Prospectus Regulation") – was published in the Official Journal of the European Union. 

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newsletter

29 June 2017

Czech Republic

What does the 22nd Amendment to the Czech Copyright Act Mean for Businesses?

Act No. 102/2017 Coll., amending Act No. 121/2000 Coll., the Copyright Act, entered into force on 20 April 2017, while some changes will only take effect on 1 July 2017. One of the main purposes of the new legislative framework is to implement Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market. The amendment also responds to some practical issues in relation to the licensing of copyrighted works, and generally aims to make the Copyright Act more coherent.

The following summary focuses on changes having immediate implications for typical legal issues that arise in corporate transactions and in day-to-day commercial arrangements.

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newsletter

28 June 2017

hungary

G.Szalóki

Lessons Learned over Three Years: Amendment of the Hungarian Trust Regulation

The Hungarian Parliament passed an act in June 2017 with the aim of improving Hungary's business competitiveness. Among other things, the amendment has changed the regulation of trusts and their management, hopefully for the better, since the past three years have shown that a lack of such experience still exists. 

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newsletter

27 June 2017

hungary

D.Gera

Hungary: Conflicts of interest in employment relationships

The circumstances that can result in an employee conflict of interest cannot be listed exhaustively in laws or companies' internal regulations.

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newsletter

27 June 2017

austria

Recast of the EU Regulation on Insolvency Law Applicable as of Today

The EU Regulation on Insolvency Law 1346/2000 (EIR) was considered a milestone in the cross-border coordination of national insolvency proceedings. The recast of the EU Regulation on Insolvency Law 2015/848, applicable to insolvency proceedings opened after 26 June 2017, considers substantial developments in national insolvency laws.

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newsletter

Significant Amendments to the Romanian Competition Rules - What's New?

The newly adopted Government Emergency Ordinance No. 39/2017 (the "Ordinance") introduces significant changes to Romanian competition rules. 

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newsletter

22 June 2017

Serbia

Serbia: Competition authority receives honourable mention in Competition Advocacy Contest

The Commission for the Protection of Competition was the 2017 recipient of an honourable mention at the 2016-2017 Competition Advocacy Contest: Innovative Advocacy Strategies to Address Market Challenges, launched by the International Competition Network (ICN) and the World Bank Group. The commission is one of more than 140 ICN members.

The article which brought the commission this recognition deals with implementing competition advocacy in government policymaking. Specifically, the commission's activities were aimed at amending statutory provisions that favoured public enterprises and foreclosed access to other categories of undertaking on the utilities market.

This article was first edited and first published on www.internationallawoffice.com

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newsletter

19 June 2017

Slovenia

Non-Financial Reporting in Slovenia (ZGD-1J)

Slovenia recently adopted a number of amendments to the Commercial Companies Act. Besides modifying the existing cross-border mergers legislation and introducing new regulations for the use of the word "Slovenia" in company names, the amendments oblige public-interest companies to provide certain non-financial (corporate governance and other) statements in their annual reports.

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newsletter

14 June 2017

austria

U.Rath

The EU Capital Markets Union - Mid-term Review of the Capital Markets Union Action Plan

In September 2015 the European Commission ("Commission") adopted an action plan on building a capital markets union (the "CMU") (the "CMU Action Plan"). 

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newsletter

Romania Suspends Unclear Food Waste Law

A new law meant to fight food waste in Romania came into force in late May but is now inapplicable, as its provisions are unclear and application norms have yet to be published.

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newsletter

09 June 2017

poland

W.Kapica

New Rules for Issuing Pharmacy Permits in Poland

On 15 May 2017 the President of Poland executed the Act of 7 April 2017 amending the Pharmaceutical Law (the "Amending Act"), which changes the current regulations of the Act of 6 September 2001 Pharmaceutical Law (Journal of Laws of 2016, items 2142 and 2003) regarding the issuance of permits to operate public pharmacies.

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newsletter

New Developments in Czech Insolvency Law

An extensive amendment to Act No. 182/2006 Coll., on Insolvency (the "Insolvency Act") will come into effect on 1 July 2017 (the "Amendment").

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newsletter

05 June 2017

austria

T.Kulnigg

Austria: Participation rights as alternative investment and equity financing instruments

The typical way to invest in an Austrian company (eg, a limited liability company (LLC) or joint stock company) is by way of a capital increase. Alternatively, the investor can acquire existing shares from shareholders and provide capital contributions to the company.(1)

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newsletter

31 May 2017

poland

P.Kułak

Private Enforcement Act Adopted by the Polish Parliament

On 21 April 2017, the lower house of the Polish Parliament ("Sejm") adopted the Act on Private Enforcement of Competition Law (the "Act"), which transposes Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 (the so-called "Damages Directive") into Polish law. 

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newsletter

30 May 2017

austria

C.Jirak

Climate impact: game changer for third runway at Vienna Airport

In February 2017 the Federal Administrative Court hindered the plans for a third runway to be built at Vienna Airport, explaining that the positive aspects of the project could not justify the extra carbon dioxide (CO2) pollution. The decision was reached despite the court conceding to the fact that air traffic will increase in the future and thus a third runway is necessary. This may be the first time that any court worldwide has rejected a project due to climate protection.

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newsletter

Slovakia: Disclose Your Beneficial Owner - or Forget about Doing Business with the State

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newsletter

18 May 2017

austria

U.Rath

ECB Publishes Practical Fit and Proper Assessments Guide for Board Members of Credit Institutions

On 15 May 2017, the European Central Bank ("ECB") published a guide on fit and proper assessments (the "Fit and Proper Guide"), which reflects the result of a public consolidation launched by the ECB on 16 November 2016.

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newsletter

17 May 2017

Montenegro

Call Recording by Customer Services under Montenegrin Law

As customer service call recording concerns personal data protection, under what conditions is it allowed in Montenegro?

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newsletter

17 May 2017

austria

G.Leissler

Das Datenschutz-Anpassungsgesetz 2018 ist in Begutachtung

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newsletter

17 May 2017

austria

G.Leissler

Austria: Draft Data Protection Amendment Act 2018 in Appraisal

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newsletter

12 May 2017

romania

M.Cojocaru

Romania: EUR 100 Million State Aid for the Development of Niche Renewable Sources

On 14 April 2017, Government Decision No. 216/2017 approving a state aid scheme for investments promoting energy production from less exploited renewable energy resources, namely biomass, biogas and geothermal energy (the "Decision"), was published in the Romanian Official Gazette.

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newsletter

Focus on Czech Republic, Slovenia and Bulgaria: Competition and antitrust in the digital age

In this Legal Insights, our Bulgarian, Czech and Slovenian offices look at competition and antitrust in the digital age, emphasising that competition authorities need to adapt to meet the challenges of the rapidly changing digital market.

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newsletter

04 May 2017

austria

Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements

Over the past few decades, alternative dispute resolution (“ADR”) has become the preferred method of conflict management in the commercial world. 

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newsletter

Hungary: New Arbitration Legislation?

The Ministry of Justice has circulated its initiative for improving the legal environment with the aim of increasing Hungary's competitiveness by amending certain regulations and institutions. Among other things, the initiative concerns cross-border mergers and operation of trustees, and generally aims to lighten administrative burdens. Most notably, if adopted in its current form, it will reform the Hungarian arbitration regulation.

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newsletter

25 April 2017

romania

Romania: Tenant's Insolvency in Lease Agreements

From an economic perspective, especially in the current business environment, contractual freedom is the best legal method to satisfy the legitimate interests of individuals and to ensure the general benefit and, consequently, social progress.

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newsletter

24 April 2017

moldova

A.Guzun

Moldova Eases Immigration Rules for EU Professionals

On 10 March 2017 the Parliament of the Republic of Moldova passed Act No. 23/2017 partly transposing a number of EU instruments and thus simplifying immigration rules.

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newsletter

24 April 2017

austria

T.Kulnigg

"Start-Ups, die vorausdenken, sind attraktiver für Investoren"

Das Start-Up Ökosystem in Österreich wächst: A1 hat vor kurzem gemeinsam mit anderen Investoren 1,2 Millionen Euro in das Start-Up Parkbob investiert. Was macht das Investment in Start-Ups so attraktiv?

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newsletter

Significant amendments to Austrian Competition Law - Part III (Damages Directive)

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newsletter

12 April 2017

austria

J.Stalzer

Austria: Imminent implementation of public procurement directives

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newsletter

Significant amendments to Austrian Competition Law - Part II (Merger Control)

On 6 April 2017 the Austrian Parliament adopted significant amendments to the Austrian merger control system, introducing a transaction value test that extends the reach of Austrian merger control.

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newsletter

07 April 2017

Turkey

New Incentives for Foreigners Investing in Turkish Real Estate

In the wake of the failed coup attempt in Turkey on 15 July, and despite rising global security concerns due to a wave of terror attacks in 2016, the Turkish real estate market, especially the housing sector, is proving resilient. The Turkish market remains one of the best performing in the world, with home prices doubling in five years and rising by 12.22 % in 2016.

Turkey continues to work to boost the housing sector. Recently, the parliament and the government passed a number of new laws foreseeing new incentives to the market mainly aimed at creating more investment opportunities for foreigners. Among these incentives are stamp duty adjustments in respect of various types of agreements commonly used by land owners, developers and buyers; reduced land registry fees and VAT exemptions for foreigners who purchase real estate in Turkey.

Such incentives coupled with the hard drop in the value of the Turkish lira might offer the perfect time for foreign investors to benefit from such an environment.

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newsletter

Significant amendments to Austrian Competition Law – Part I (Overview)

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newsletter

Protecting your trade secrets in the EU

A new EU Directive aimed at protecting know-how and business information can strengthen the position of your start-up if you take the necessary precautionary measures.

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newsletter

04 April 2017

slovenia

Slovenia Adopts New State Aid Legislation

Slovenia adopted a new law regulating rescue and restructuring state aid, which entered into force in mid-February. When notified to the European Commission as a state aid scheme, it will allow the Republic of Slovenia to support companies and cooperatives in difficulty without having to notify support mechanisms in accordance with the provisions of the law as an individual aid measure to the European Commission.

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newsletter

Bulgaria: Commission for Protection of Competition Takes a Negative View of COOL Bill

In October 2016, a group of MPs submitted a short draft amendment of the Bulgarian Foodstuffs Act to Parliament. The draft follows the Romanian example of promoting local food by requiring food retailers to stock their shelves with certain percentages of domestic products.

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newsletter

30 March 2017

austria

S.Kühteubl

ECJ Allows Prohibition of Headscarves at Workplace

Employers may prohibit their employees from wearing Islamic headscarves and other religious or political symbols, subject to certain conditions. 

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newsletter

28 March 2017

poland

P.Kułak

Major Step Taken Towards Implementation of the Damages Directive in Poland

On 1 March 2017, the Polish Government adopted a draft of the Act on Private Enforcement of Competition Law (the "Act"), which transposes Directive 2014/104/EU of the European Parliament and the Council of 26 November 2014, on Certain Rules Governing Actions for Damages under National Law for Infringements of Competition Law Provisions of Member States and of the European Union (the "Damages Directive") into the Polish legal system.  

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newsletter

24 March 2017

bulgaria

G.Petkova

Bulgaria: Competition and antitrust in the digital age

What impact has the rapidly changing digital market had on competition in your jurisdiction, and how have legislators and competition authorities responded?

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newsletter

23 March 2017

poland

W.Kapica

New Polish Food Law Seeks to Counteract the Unfair Use of Contractual Advantage

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newsletter

22 March 2017

moldova

V.Iurkovski

Individual Tax Rulings Now Possible in Moldova – And They're Binding!

What previously was impossible and not foreseen by local legislation is now possible. Starting 1 January 2017, the Tax Code of Moldova (the "Tax Code") was amended by Law 281/2016 to include a separate norm (Art. 136¹) on individual tax rulings ("ITR") for the benefit of entrepreneurs. Within the limits of its scope and in respect of a concrete beneficiary, an issued ITR is binding on the State Tax Service (the "STS"). The Government and the Ministry of Finance are expected to approve the secondary legislation to regulate the details of the procedure.

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newsletter

Bulgaria: Opening the gas market for foreign traders!

Most recently, the Bulgarian Energy Regulator has taken significant steps towards the full liberalisation of the natural gas market: In December 2016, the Bulgarian Energy Regulator adopted legislative amendments to the Rules for Trading of Natural Gas (Правила за търговия с природен газ, "Trading Rules") and the Rules for Access to the Gas Transmission and/or Gas Distribution Networks and the Natural Gas Storage Facilities (Правила за предоставяне на достъп до газопреносните и/или газоразпределителните мрежи и за достъп до съоръженията за съхранение на природен газ, "Access Rules"). Moreover, it adopted new Rules for Balancing of the Natural Gas Market (Правила за балансиране на пазара за природен газ, "Balancing Rules").

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newsletter

15 March 2017

hungary

K.Hetényi

Hungary: Registration Fees for Company Establishment Abolished

In an aim to simplify state administration and support economic growth, the Hungarian Parliament adopted a new law abolishing the registration fee and the publication cost for incorporating limited liability companies ("LLC") (korlátolt felelősségű társaság), limited partnerships (betéti társaság), general partnerships (közkereseti társaság), and sole entrepreneurships (egyéni cég). The new law becomes effective on 16 March 2017.

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newsletter

Boost your Start-Up with an Advisory Board - Points to consider

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newsletter

13 March 2017

Montenegro

J.Bezarević Pajić V.Tica

When Arbitration Meets Insolvency in Montenegro - Can They Coexist?

Even at first blush, it is apparent that arbitration and insolvency make strange bedfellows.

The reason they make such an odd couple is the different underlying policies, objectives, and purposes they stand for. The heart of arbitration lies at the privity of contract and the existence of party autonomy independent from the state. In contrast, insolvency reflects a centralized and to a certain extent state-managed procedure that holds all creditors equal, within a set system of ranking – a transparent and accountable process governed by mandatory substantive and procedural law provisions.

However, with insolvency on the rise, parties to arbitration agreements may find themselves increasingly often considering a claim against a counterparty who is insolvent or becomes insolvent during the dispute. This is no different in Montenegro.

When arbitration meets insolvency or insolvency meets arbitration in Montenegro, can they coexist? Does insolvency affect the arbitrability of claims in Montenegro? Is there exclusive jurisdiction of Montenegrin courts for all disputes against or with an insolvent party? 

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newsletter

10 March 2017

hungary

G.Szalóki

Hungary: Increase of Minimum Sale Price May Affect Retail NPL Transactions?

On 7 March 2017, the Hungarian parliament adopted a law that increases the minimum sale price of a residential property in the enforcement procedure from the current 70% of its market value to 100% (market value to be understood as the price set by the appraisal of the bailiff), provided that (i) the claim to be enforced stems from a consumer contract; (ii) the real property is the debtor's only real property; and (iii) the debtor resided in that real property for at least six months prior to the initiation of the enforcement procedure. 

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newsletter

Legislative vacuum filled: Czech Republic introduces comprehensive new national legislation on e-cigarettes

New legislation regulating e-cigarettes in the Czech Republic entered into force on 1 March 2017, introducing specific safety and quality requirements on e-cigarettes in the country for the first time.

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newsletter

06 March 2017

hungary

G.Szalóki

New regulation on unit-linked life insurance in Hungary

Policyholders of unit-linked life insurance products pay an agreed sum for the unit-linked insurance to the insurance company, as a regular premium, or in one lump sum. These payments cover the life insurance component as well as the investment, administrative costs, contracting fee and the commissions. The "total cost charged" ("TCC") is an indicator – calculated in line with the rules of Hungarian insurance regulations – showing all costs charged on life insurance policies having a savings element, reflected as a percentage value. The regulation of the TCC in Hungary has been amended effective 1 January 2017.

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newsletter

24 February 2017

croatia

B.Rajal

Amendments to the Gas Market Act - a further step towards (fully) opening up the Croatian gas market on 1 April 2017

On 17 February 2017, the Croatian Parliament enacted the eagerly awaited amendments to the Gas Market Act that are intended primarily to remove the current gas import and export restrictions – which are contrary to EU internal energy market rules - and to allow further opening of the Croatian gas market.

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newsletter

23 February 2017

bulgaria

E.Todorova

Bulgaria: Amendment to the pricing and reimbursements process for pharmaceuticals

The amendment aims at alleviating the existing regime for pricing of pharmaceuticals for home treatment of chronic, genetic and/or rare diseases and paid by the National Health Insurance Fund (NHIF). 

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newsletter

22 February 2017

austria

U.Rath

The EU Capital Markets Union - Recent developments on Venture Capital

On 16 December 2016, the Council of the European Union announced agreement on its negotiating stance in relation to the proposed regulation amending the European Venture Capital Funds ("EuVECA") Regulation (Regulation (EU) No 345/2013) and the European Social Entrepreneurship Funds ("EuSEF") Regulation (Regulation (EU) No 346/2013), which is now at the European Parliament's ECON committee, scheduled to be voted on, on 22 March 2017. 

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newsletter

21 February 2017

poland

B.Jóźwik

Important changes to Polish labour law

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newsletter

17 February 2017

czech republic

R.Bicek

Czech Republic: Compliance Programme Saves First Company from Criminal Prosecution

The Municipal Court in Prague has dropped the criminal case against a company suspected of illegal conduct in public procurement. The reason: the company implemented an ethics code.

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newsletter

Albania: Finally on track for a comprehensive support scheme for renewable energy?

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newsletter

14 February 2017

austria

B.Rajal

Austria: Government bill for amending the promotion scheme for green electricity. Hope for new investments, but not yet an ideal solution.

As a result of the strong decrease in electricity market pricing, green electricity plant projects cannot find a place in special promotion quotas. 

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newsletter

13 February 2017

austria

L.Kopecký

A Case for Paperless Arbitration

Having disposed of yet another forest worth of pristine hearing bundles, I wonder: when will arbitration finally go paperless?

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newsletter

08 February 2017

czech republic

No Smoking: After a long battle in Parliament, the Czech Republic finally adopts smoking ban

One last hurdle – the signature of Czech President Miloš Zeman –before the so called Anti-Smoking Bill enters into force on 31 May 2017.

On 19 January 2017, the Senate of the Parliament of the Czech Republic approved the government bill of the Act on Protection from the Harmful Effects of Addictive Substances (the "Bill"), which is due to enter into force on 31 May 2017, subject to signature by the President.

The Bill follows lengthy political debates and battles pitting the interests of various stakeholders (politicians, lobbyists, corporations and health-protection institutions) against each other, which for many years have hindered any reasonable progress at the legislative level. As a result, the general public has become frustrated and sceptical about the real chances of the Czech Republic ever becoming smoke-free. Although the President has yet to sign the Bill, he has expressed support for it (despite himself being an avid smoker), and it is already perceived by many as a pleasant surprise and a historical victory.

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newsletter

06 February 2017

hungary

C.Haid

Hungary: Fostering a cashless society - sectoral inquiry into the bank card acceptance market

The Hungarian Competition Authority (the "HCA") has recently decided to jump-start 2017 by initiating a sectoral inquiry into the market for acceptance of bank card payments. Market players have already seen and experienced that such developments have the potential to substantially affect the market. The findings of the authority may induce significant – and possibly unplanned – changes in market practice and the behaviour of competitors.

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newsletter

05 February 2017

austria

B.Rajal

Österreich: Endlich! "Kleine" Ökostromgesetznovelle in Begutachtung

Der Ausbau von erneuerbarer Energie in Österreich ist in den letzten Jahren ins Stocken geraten. Insbesondere der starke Marktpreisverfall führte dazu, dass weniger Ökostromanlagenprojekte in den einzelnen Förderkontingenten Platz finden können. 

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newsletter

03 February 2017

czech republic

Czech Republic: Anti-competitive agreements in telecoms sector

Following a protracted dispute, on December 22 2016 the Office for the Protection of Competition imposed fines on Czech mobile operators Vodafone Czech Republic as and O2 Czech Republic as totalling Kr99 million (approximately €3.6 million). 

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newsletter

30 January 2017

hungary

C.Haid

Hungary: Reduced red tape in merger control proceedings

Following the latest amendments to the Competition Act, on January 13 2017 the Hungarian Competition Authority (HCA) published an updated filing form and new guidelines on merger control proceedings The HCA also held a consultation with the Hungarian Association of Competition Law (HACL) on 25 January 2017 to clarify some questions regarding the new regime.

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newsletter

30 January 2017

austria

T.Waidmann

Facilitation or Liability Trap for Foreign Employers? - The Revised Austrian Law against Wage and Social Dumping

On 1 January 2017, the revised Austrian Law against Wage and Social Dumping ("Lohn- und Sozialdumping Bekämpfungsgesetz" or "Revised LSD-BG") came into force. The Revised LSD-BG applies to matters arising after 31 December 2016.

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newsletter

25 January 2017

serbia

Amendments to the Criminal Code - criminalization of restrictive agreements in Serbia. Who should be concerned?

The recent amendments to the Criminal Code, which will take effect on 1 March 2018, introduce the criminal offence of conclusion of restrictive agreement. The new Article 229 of the Criminal Code provides as follows:

  1. Any person concluding a restrictive agreement not exempted under the Law on the Protection of Competition (the "Law") which fixes prices, limits production or sales, or divides markets, shall be sanctioned to a prison sentence of between six months and five years and will be fined;

  2. The perpetrator may be released from sanction if he/she satisfies the criteria for immunity from fines.

    These provisions have multiple consequences:
     

    1. The person concluding a restrictive agreement may be sentenced to a prison term and fined;

    2. The definition of the crime covers all types of restrictive agreements and not only cartels as is usual in other jurisdictions;

    3. Criminal liability is abolished for abuse of a monopoly (dominant position);

    4. Those benefitting from a leniency program may be released from criminal sanction, but this applies only to those where full immunity from fines is applicable. 
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newsletter

24 January 2017

austria

M.Simsa

Freeze! Securing a debtor's assets in a foreign country can be a difficult and lengthy exercise - a new EU Regulation will change this.

Suppose you were a German bank lending to a Spanish debtor under a loan agreement governed by German law. Once your Spanish debtor stops paying, the bank would have to obtain a German legal judgment and would then have to enforce it in Spain. 

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newsletter

19 January 2017

austria

Austria: Court rules on rights in environmental impact assessment

If there are two or more conflicting water use projects (eg, hydroelectric power stations), the Water Act provides for a special conflict procedure. A pending conflict procedure suspends decisions in all underlying approval procedures. As a result of the conflict procedure, the project which serves public interests best will take priority over the inferior project.

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newsletter

09 January 2017

austria

2016 brought some substantial changes in Austria's Criminal Law provisions - A Review

In 2016, Austrian Criminal Law experienced some substantive legal developments in both, procedural and material aspects. The following overview reflects the most relevant developments in Austrian Criminal Law in 2016.

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newsletter

12 August 2014

moldova

A.Guzun

Moldova: Finally! Liquidating a Company is Now a Mission Possible

On 29 May 2014, the Moldovan Parliament passed the Act No. 90/2014 on amending and supplementing of certain legislative acts (Act No. 90). Act No.90, which entered into force on 27 June 2014, implements simplified rules on the liquidation of companies in Moldova (in particular, at the decision of their shareholders), namely by inter alia amending the Civil Code of Moldova, Act No. 845/1992 on Entrepreneurship and Enterprises, Act No. 220/2007 on State Registration of Companies and Individual Entrepreneurs.
What was previously regarded as a mission impossible, has now become a process with fewer formalities and less time required.

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