Client Alerts
Significant changes to the Ukrainian and Serbian competition regimes
Ukraine / Serbia: On 26 January 2016, the Ukrainian Parliament took a long-awaited and significant step to improve merger control in Ukraine. The president is expected to sign the new competition act, which will enter into force at the end of April. The Serbian Parliament adopted a new decree on the content of merger control filings on 23 January 2016. The new decree provides for short form notifications starting from 2 February 2016 if a concentration meets certain conditions....
Das neue Bundesgesetz über alternative Streitbeilegung in Verbraucherangelegenheiten (AStG)
Das am 9.1.2016 in Kraft getretene Alternative-Streitbeilegungs-Gesetz (AStG) stellt neue Anforderungen an Unternehmer im B2C Bereich: Zweck des AStG ist es, Verbrauchern eine einfache, effiziente, kostengünstige Möglichkeit, zur alternativen Beilegung inländischer und grenzüberschreitender Streitigkeiten zu bieten. Neu sind daher vor allem umfassende Informationsverpflichtungen gegenüber Verbrauchern über die zuständigen AS-Stellen (Alternative-Streitbeilegungsstellen)....
Recycling and packaging in Romania: Legislative updates and recent concerns
On 30 October 2015, Law no. 249/2015 on the management of packaging and waste derived from packaging (the "Law"), was published in the Official Gazette no. 830 and entered into force on 2 November 2015 . The Law repeals Government Decision no. 621/2005, published in the Official Gazette of Romania no. 639 of 20 July 2005 and seeks to implement EU Directive 94/62/CE as subsequently amended and supplemented by the European Parliament....
The NBU cancelled prohibition on assignment of foreign currency loans but introduced additional requirements
Beginning from 11 January 2016, registration of the assignments of foreign currency loans received by Ukrainian borrowers is again allowed based on resolution no.996 of 30 December 2015 of the National Bank of Ukraine (the "NBU"). Wolf Theiss, as a member of the Ukrainian Venture Capital and Private Equity Association (UVCA) and under the auspices of UVCA, was advocating and lobbying the NBU to make this move....
New EU regulation – The end of geo-blocking when shopping online
A new EU Regulation, which will take effect on 3 December 2018, provides for borderless online shopping.(1) Traders are obliged to treat online customers equally, regardless of which EU-member state they come from. Geo-blocking will be abolished in many cases. However, digital content protected under copyright law and some other services are not yet affected by the Regulation. Following the abolition of roaming charges and the adoption of the Portability-Regulation, this new Regulation is the next step in contributing to the European Union strategy of creating a properly functioning digital internal market without unjustified geo-blocking and other forms of discrimination based on a customer's nationality, place of residence or place of establishment....
Bulgaria – Competition protection commission recommends amendments of the energy act concerning the heating sector
On 8 February 2018, the Bulgarian Competition Protection Commission ("CPC") issued a Decision in a Competition Advocacy proceeding initiated in 2017 for the assessment of conformity with Competition law of the legal framework applicable to heat energy supply legislation. The Competition Advocacy proceeding analyzed the respective sections of the Energy Act ("EA"), the Heat Energy Supply Ordinance (1) and the General Terms and Conditions of the heating companies....
Bulgaria – Amendments to the energy act in relation to REMIT to be reviewed by the competition protection commission
On 07 February 2018, the Bulgarian Competition Protection Commission ("CPC") initiated Competition Advocacy proceedings in relation to the recently proposed amendments to the Bulgarian Energy Act ("EA"), aiming to increase controlling and enforcement powers of the Bulgarian Energy and Water Regulatory Commission ("EWRC") in respect of possible energy market manipulations under REMIT (Regulation 1227/2011 on wholesale energy market integrity and transparency)....
The new law on Ukrainian limited liability companies is adopted
On 6 February 2018 the Ukrainian Parliament adopted a long-awaited Law "On Limited Liability Companies and Additional Liability Companies" No. 4666 (the "Law"). The law will supersede the legislation currently regulating the most popular type of Ukrainian companies – limited liability companies ("LLC")....
Bulgaria: Recent employment law changes restrict M&A transactions for bad employers
Protection of employees which was given strong support by Bulgarian Parliament led to difficulties in closing M&A transactions...
Bulgarian competition watchdog launches a sector inquiry into electricity markets
On 22 January 2018 the Bulgarian Competition Protection Commission ("CPC") announced that it opened a sector inquiry into the electricity markets in Bulgaria. The formal decision has not yet been published. However, the sector inquiry is expected to cover the entire electricity value chain....
Long awaited and much anticipated: Poland’s new act on restructuring: its significance for debtors and creditors.
The majority of provisions of the new Act on Restructuring Law (Journal of Laws from 2015, item 978) (the "Restructuring Law") become effective as of the 1st of January 2016. The new law implements the so called „politics of the new or second chance” and seeks to provide balanced protection of entrepreneurs, workplaces, creditors and employees in the face of a company's financial problems. In contrast to prior law, bankruptcy and restructuring proceedings will be regulated in two separate acts....
BVergG-Novelle 2015 beschlossen / Der Letztstand im Überblick
Am 10.12.2015 hat die Novelle zum BVergG nach Vornahme letzter – nicht unwesentlicher – Änderungen den Nationalrat passiert. In Kraft treten werden die neuen Regelungen (nach entsprechender Zustimmung des Bundesrats) am 1.3.2016....