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16 May 2024

austria

P.Barabas

Starthilfe für Österreichs Wasserstoffproduktion

Der Ministerrat hat eine Regierungsvorlage zum Wasserstoffförderungsgesetz (WFöG) beschlossen. Es soll der österreichischen Wasserstoffproduktion Starthilfe leisten, indem die Produktion von erneuerbarem Wasserstoff gefördert wird. Ein Anschub ist auch erforderlich, um bis 2030 die in der österreichischen Wasserstoffstrategie vorgesehene Installation von 1 Gigawatt Elektrolysekapazität zu erreichen. Das Mittelvolumen wurde gegenüber dem Ministerialentwurf mehr als verdoppelt. Insgesamt stellt der Bund 820 Millionen Euro für wettbewerbliche Auktionen in den Jahren 2024 bis 2026 bereit.

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newsletter

Austria: Verbandsklagen-Richtlinie-Umsetzungsnovelle - VRUN 

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newsletter

Key takeaways from year one of the Slovak FDI regime

The first comprehensive Slovak foreign direct investment (FDI) screening regime entered into force on 1 March 2023. Now that the first year of this new FDI regime is behind us, below we summarise the key takeaways based on our practical experience with this law.

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newsletter

02 May 2024

austria

O.Loksa

Austria: Reimbursement of or contribution to defence costs in criminal proceedings: new draft bill is a missed opportunity

It has been a long time coming and is among the most requested changes in criminal procedure law. Finally, on 24 April 2024, the Austrian government presented a draft bill aimed at increasing the contribution to legal costs for suspects acquitted in criminal proceedings. While it is a giant step forward, serious doubts remain about whether it goes far enough.

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newsletter

29 April 2024

romania

G.Bădescu R.Dan

The revamped cash rebate system: a new promise for the Romanian film industry

"After all… tomorrow is another day." Scarlett O'Hara

The future of film productions appears brighter these days, as Romanian authorities have recently reaffirmed their commitment to boost the local film industry by revamping the cash rebate system available to it. As many of our readers may know, famous films such as Amen, Cold Mountain, Modigliani, Transporter 3, Le Concert and, more recently, Wednesday or Voyagers, were shot in Romania.

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newsletter

European Parliament adopts landmark supply chain directive

The European Parliament adopted the Corporate Sustainability Due Diligence Directive (the "CSDDD") on 24 April 2024. This is a landmark piece of legislation that aims to ensure companies contribute to sustainable development by identifying, preventing and mitigating potential or actual adverse human rights and environmental impacts in their operations and value chains (see our newsletter of 20 March 2024 for more information). The directive now also needs to be formally endorsed by the Council, signed and published in the EU Official Journal, entering into force twenty days later. Member States must transpose the CSDDD into national law within two years of its entry into force. But companies are well advised to prepare for the new compliance obligations right away.

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newsletter

European Climate Justice: what does the recent ECHR judgement mean for private companies and potential civil liability?

Climate change litigation has been making waves, with companies and states facing legal challenges related to their environmental impact. Climate activists try to enforce their right to climate protection and a sustainable future through legal proceedings and are treading a fine line between environmental regulations, corporate responsibility, and inaction of their own states. Most companies are aware of these developments and do their best to balance business goals while enhancing sustainable practices.

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Serbia: Diving into the CBAM Regulation: how does it function alongside the EU ETS?

As noted in our previous article on this topic, the CBAM is a new carbon tariff instrument introduced as part of the EU's Fit for 55 package, a strategy to reduce the EU's greenhouse gas emissions by at least 55 % by 2030. The CBAM applies to imports into the EU of certain products and is based on the emissions generated in their production outside of the EU. Currently, in the transitional phase of the CBAM, importers only have the obligation to report on the amount of emissions embedded in the products they import, but from 2026 onwards they will also be obliged to buy and surrender CBAM certificates to cover for these emissions. Therefore, under the CBAM, non-EU producers will not only have to assist their EU partners in the reporting process, but also potentially face significant impacts on their businesses as a result of the new financial burdens importers will encounter.

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newsletter

Austria: Draft Grace-Period-Act facilitates SME succession within the family

In April 2024, the Austrian government presented a draft of the Grace-Period-Act aimed at assisting family businesses and SMEs in the event of a business transfer within the family.

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newsletter

What does the CSDDD mean for Hungary? Do Hungarian companies need to worry?

Introduction

CSR, CSRD and now CSDDD: so many abbreviations have appeared over the last years in the context of sustainability. Sometimes referred to as the "European Supply Chain Act", CSDDD stands for the "Corporate Sustainability Due Diligence Directive". It is commonly abbreviated as the "CSDDD", "CSDD directive" or "CS3D".

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newsletter

15 April 2024

moldova

A.Guzun

Moldova: New Trademarks Act in force as of 2027

The Moldovan Parliament adopted the new Law on Trademarks No. 25 of 15 February 2024 (the "New Trademarks Act"). The law was published in the Moldovan Official Gazette on 2 April 2024 and will enter into force on 2 April 2027. It is envisaged that the New Trademarks Act will eliminate the discrepancies with the EU aquis in this respect. Accordingly, the law transposes Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trademarks, and, partially, Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trademark.

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Hungary aligns crypto-asset regulation with EU rules and enhances consumer protection

Good news for cryptocurrency investors: Hungary has adopted a new law on the market for crypto-assets. The new law aligns the national legal framework with the European Union's regulations and ensures consumer protection, financial stability and innovation in this emerging sector. The new law, which was adopted by the parliament on 10 April 2024, covers the issuance, offering and trading of crypto-assets, as well as the supervision and sanctions of crypto-asset service providers.

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newsletter

04 April 2024

north macedonia

North Macedonia: Unlocking growth: leveraging long-term leases over private land for business development

For over 15 years, interested parties have been permitted to establish long-term leases on privately owned construction land for investment and building purposes. This opportunity for business expansion was formalised in 2008 with the Construction Land Act, following the adoption of the first Macedonian Construction Act, which prescribed long-term leasing as a legal basis for obtaining building permits.

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Austria: Implementation of EU Directive on transparent and predictable working conditions leads to new employer obligations

Amendments to the Employment Contract Adjustment Act (Arbeitsvertragsrechtsanpassungsgesetz - AVRAG) and the General Civil Code (Allgemeines bürgerliches Gesetzbuch – ABGB) came into force in Austria on 28 March 2024 based on EU Directive 2019/1152 on transparent and predictable working conditions.[1] As a result, employers are now required to observe new regulations on informing employees about working conditions, multiple employments and employee training.

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Austria: E-Mobilität und die Novelle der Kraftstoffverordnung: Neue Geschäftsmodelle

Die Kraftstoffverordnung 2012 (KVO 2012) unterwirft Personen, die fossile Kraftstoffe für den Straßenverkehr in Verkehr bringen, einer Substitutions- und Treibhausgas-Minderungspflicht. Am 1. Jänner 2024 trat mit einer Neufassung des § 11 KVO eine Bestimmung in Kraft, die der Dekarbonisierung des Verkehrssektors und dem Ausbau der E-Mobilität zusätzlichen Schub verleihen soll.

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newsletter

02 April 2024

bulgaria

T.Shishkova

New rules for telework in Bulgaria

Today, 2 April 2024, amendments to the Labour Code are coming into force, giving effect to new rules for telework in Bulgaria that enhance the existing legislation.

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newsletter

02 April 2024

hungary

G.Horváth

Hungary: Amendments to grid capacity allocation rules may signal last chapter of solar power gold rush

Only a few years ago, the Hungarian National Energy Strategy set the then ambitious target of reaching 6 GW of solar power capacity by 2030. By early 2024, that target had already been achieved, as the gross capacity of PV installations doubled within only two years. The new target for 2030 is now set at 12 GW, and there is little doubt that it will be easily reached.

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Serbia: CBAM Regulation and its effect on Balkan companies in iron and steel, cement, fertilisers, aluminium, hydrogen and electricity sectors

What is the CBAM?

The EU Carbon Border Adjustment Mechanism (the "CBAM") was established by the CBAM Regulation (EU) 2023/956 (the "CBAM Regulation"), which came into force in May 2023. It is a carbon tariff system introduced as part of the EU's goal to reduce greenhouse emissions by at least 55 % by 2030.

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Hungarian webshops to offer delivery by Hungarian Post

From 28 March 2024, businesses operating in Hungary will be required to offer services by the state-owned enterprise Hungarian Post ("Magyar Posta") as a delivery option for consumers using their online stores. The text of the new provision is concise and has raised several questions.

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newsletter

Montenegro's evolving legal landscape: recent amendments and controversies in games of chance regulation

Montenegro's Law on Games of Chance (the "Law") was enacted in 2004 and has undergone multiple amendments since. The most recent ones came into effect on 1 January 2024. The aim of the amendments, as stated by the competent authorities, is to ensure a sustainable regulatory system for organising games of chance via the internet or other telecommunication means, as well as to generate additional revenue from these activities. This objective is to be achieved through measures aimed at establishing a variable concession fee for the organisation of online games of chance, a provision not envisaged in the prior legal framework in this area. Another measure to achieve the set goal is to introduce a ban on participation in foreign games of chance via the internet and other telecommunication means for which bets are paid on the territory of Montenegro.

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newsletter

Revitalising healthcare: Austria's new healthcare reform

Austria's healthcare system got a long-anticipated makeover. After years of small-scale adjustments, a collective amendment – the "Vereinbarungsumsetzungsgesetz 2024" ("VUG 2024" or the "reform") – has brought a new wave of changes somewhere revolutionising healthcare in Austria. The VUG 2024 refers to a comprehensive and coordinated change made to a total of 13 legal matters, which are being modified together as a unified act for a more holistic approach. This happens to be one of the biggest reforms in the healthcare sector in recent decades.

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newsletter

Romania: CfD scheme for renewables to go live in 2024

In March the European Commission approved a EUR 3bln (RON 15.22bln) Romanian scheme to support installations producing electricity from onshore wind and solar photovoltaic. The approval relates to an initiative launched for consultations by the Ministry of Energy in August 2023, aimed at implementing a Contracts for Difference (CfD) support mechanism for low-carbon technologies (the "CfD Scheme").

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newsletter

20 March 2024

bulgaria

A.Minioti

New waste management legislation. Waste reporting obligations in Bulgaria. What are the key considerations for businesses?

Bulgarian and EU legislators have been focusing on waste reduction and reporting recently. We are using the latest acts of the European Parliament to

  1. raise awareness among food, fashion and textile businesses about the expected legal developments;
  2. remind businesses that annual waste reports for 2023 should be submitted by 31 March; and
  3. summarise the latest Bulgarian secondary legal act, focusing on waste from ships.
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newsletter

EU's Corporate Sustainability Due Diligence Directive is here to stay

Following heated debates among various political stakeholders and unprecedented back and forth, the EU Council ultimately endorsed a final compromise text on the Corporate Sustainability Due Diligence Directive (the "CSDDD") on 15 March 2024. Meaningful concessions were made to win the required majority of EU Member States. The EU Council's vote is a significant milestone in the legislative process. Today it is clear that the CSDDD is here to stay, and companies must adapt to the new obligations.

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newsletter

19 March 2024

serbia

Z.Šoljaga

North Macedonia's legislative response to unfair trade practices

To address rising prices within its own economy, exacerbated by worldwide economic trends and inflationary pressures, North Macedonia has taken a significant legislative step. On 13 March 2024, the Assembly of North Macedonia adopted the Prohibition of Unfair Trade Practices in the Supply Chain of Agricultural and Food Products Act (the "Unfair Trading Act"). This legislation not only aims to mitigate the impact of these economic challenges but also aligns closely with European Union standards on unfair trading practices.

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newsletter

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

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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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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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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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

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

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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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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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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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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newsletter

02 August 2023

hungary

B.Bodó

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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newsletter

02 August 2023

hungary

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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newsletter

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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newsletter

16 June 2023

hungary

B.Bodó

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

03 April 2023

hungary

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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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newsletter

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

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

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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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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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

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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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

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

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

more
newsletter

12 April 2022

romania

M.Cojocaru

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

more
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

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

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

more
newsletter

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

more
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

more
newsletter

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

more
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?

more
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

more
newsletter

14 December 2021

austria

C.Haid A.Reumann

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

more
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?

more
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?

more
newsletter

03 December 2021

romania

L.Fluşcă A.Huza

Romania introduces deposit-return system for beverages packaging

more
newsletter

03 December 2021

romania

L.Fluşcă A.Huza

Romania introduce garanția pentru ambalajele băuturilor puse pe piață

more
newsletter

03 December 2021

hungary

A.Bognár

cee legislation tracker: hungary

more
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

more
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?

more
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

more
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

more
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?

more
newsletter

31 August 2021

bulgaria

E.Todorova

The New Foodstuff Act in Bulgaria – one year later

more
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

more
newsletter

19 August 2021

austria

M.Ebner

Taking security over NFTs: Some legal considerations under Austrian law

more
newsletter

Austrian Labour Law: Is crypto-salary a thing?

more
newsletter

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

more
newsletter

21 July 2021

austria

B.Rajal

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

more
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?

more
newsletter

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

more
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

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

more
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.

more
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

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

more
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).

more
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.

more
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.

more
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

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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.

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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.

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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.

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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“.

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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

more
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.

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newsletter

Romania: Public procurement and self-cleaning of cartel members

more
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.

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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.

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newsletter

Licitațiile publice și „reabilitarea” membrilor unui cartel

more
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.

more
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.

more
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.

more
newsletter

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

more
newsletter

21 July 2020

hungary

A.Bognár

Hungary: Travel restrictions are coming back from 15 July

more
newsletter

20 July 2020

romania

Romania eases procedure for setting up new companies

more
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

more
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).

more
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").

more
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

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?

more
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.

more
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.

more
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

more
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

more
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.

more
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.

more
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.

more
newsletter

28 April 2020

moldova

cee legislation tracker: moldova

more
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.

more
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.

more
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.

more
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.

more
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.

more
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. 

more
newsletter

17 April 2020

austria

C.Haid

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

more
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.

more
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.

more
newsletter

15 April 2020

hungary

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.

more
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.

more
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.

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newsletter

08 April 2020

austria

R.Perner

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

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newsletter

Slovenia: Secure your receivables while enforcement is suspended

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newsletter

07 April 2020

austria

G.Leissler

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

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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

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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

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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.

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newsletter

03 April 2020

hungary

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

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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

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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

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newsletter

Czech Republic: Changes in the "Antivirus" Programme

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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newsletter

27 March 2020

bulgaria

E.Todorova

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

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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").

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newsletter

Czech Republic: Government Economic Recovery Measures

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newsletter

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

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newsletter

25 March 2020

romania

M.Moga-Paler

Romania: Coronavirus: Impacts on employment in Romania

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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.

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newsletter

25 March 2020

serbia

J.Rubežić

cee legislation tracker: serbia

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newsletter

24 March 2020

austria

S.Kühteubl

Austria: Coronavirus: Impacts on employment in Austria

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newsletter

24 March 2020

poland

B.Jóźwik

Poland: Coronavirus: Impacts on employment in Poland

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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.

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newsletter

24 March 2020

austria

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.

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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).

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newsletter

23 March 2020

romania

G.Bădescu

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

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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

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

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