Gecić Law is pleased to announce yet another legal victory, in collaboration with Marić & Co Law Firm, in a critical antitrust case in Bosnia and Herzegovina. The Competition Council of Bosnia and Herzegovina has fully rejected the claim submitted by Telemach BH d.o.o. (“Telemach”) which alleged that Telekomunikacije Republike Srpske a.d. (“Mtel”), BH Telecom a.d. (“BH Telecom”), and Arena Channels Group d.o.o. (“ACG”) had violated competition law in broadcasting of the Bosnian national football league – the Premier League of Bosnia and Herzegovina (“Premier League BiH”). On April 26, 2024, the Competition Council ruled that Mtel, ACG, and BH […]
Details
Gecić Law is pleased to announce a recent win in antitrust law. The case focused on premium football broadcasting within Bosnia and Herzegovina (BiH). In collaboration with Marić & Co Law Firm Ltd., our team has obtained a favorable judgment for our esteemed client, Arena Channels Group (ACG). This legal journey began in April 2021, when the Competition Authority of BiH (CA) investigated ACG. Another telecommunications company within BiH initiated the proceedings. The firm alleged that ACG was abusing its dominant market position. The purported abuses were inclusive of, but not limited to, creating a competitive disadvantage for the complainant, […]
Details
In the previous article, we became familiar with the class action. This legal institute originated from Anglo-Saxon law, and many countries use it, primarily the USA. In this article, we will consider the introduction of a similar institute into the legal system of the Republic of Serbia from the perspective of de lege ferenda. Purpose and Use Through its centuries-long application, class action has proven to be a significant legal mechanism essential to every modern societal system. Indeed, in situations where an event threatens the interests of a more significant number of individuals, there is no better way to provide […]
Details
Gecić Law adds another successful year to its story of excellence after achieving impressive rankings in the 2023 edition of the prestigious Legal 500 EMEA Guide, reflecting the firm’s world-class service and the expertise of its teams and individuals. For an impressive seventh year in a row, Gecić Law’s market-leading Competition practice has earned a Tier 1 status, with significant achievements in matters with far-reaching implications not only on the clients’ businesses but on the economies of the entire region, incorporating diverse aspects, including EU law, state aid and international trade. For a second year, the firm’s Founder and Managing […]
Details
The article “Subjective Scope of Domestic Arbitral Award” by our Partner and Head of Dispute Resolution, Jovana Veličković, was published in the latest edition of the eminent publication Law and Economy of the Business Lawyers Association of Serbia. We bring here a summary of the article: Summary: Based on Article 64 par 1 of the Arbitration Act, the domestic arbitration award can legally affect only the parties and their legal successors (singular and universal). In relation to third parties, the award can affect only if the nature of the subject matter of the dispute requires it (effect erga omnes) or […]
Details
Our Senior Associate Miodrag Jevtić had a live guest appearance in the central news program of Euronews Serbia yesterday. He was invited to speak about class action lawsuits and their specific status in Serbian law, especially as they could apply to the protection of consumer rights, an area that has lately seen significant public interest in a number of different instances. Miodrag explained the concept of class action lawsuits and their potential advantages, particularly in leveling the playing field for consumers facing large companies who have infringed upon their rights. He also pointed out that class action lawsuits could help […]
Details
On September 9, 2021, the National Assembly of the Republic of Serbia adopted a new Consumer Protection Act (“Act”), which entered into force on September 19, 2021. The Act shall become applicable three months following its entry into force i.e. on December 20, 2021 (save for the articles regulating out-of-court settlements of consumer disputes, which shall become applicable six months following the entry into force i.e. on March 20, 2022). The Act’s main objectives are the improvement of consumer protection, more efficient implementation of statutory solutions and the comprehensive harmonization of consumer rights in Serbia with EU consumer protection law, […]
Details
Multinational entities and governments are pushing for more action regarding Environmental, Social and Governance (ESG) issues. As a result, enterprises increasingly integrate the ever-changing social and environmental factors into their business strategies. The concept of business success has changed and so must the actions they take. But what exactly is ESG? ESG is a set of standards to guide corporate policies to ensure sustainable development in the fields of environment, social and corporate governance. How Did We Get to ESG? Only twenty years ago, if one would ask a group of individuals with a business background about the main objective […]
Details
Gecić Law is pleased to announce that we have become the first independent law firm in the region to expand into the sphere of Environmental, Social & Governance (ESG) by launching a new practice that will focus on the needs of businesses in this increasingly prominent area. The practice will be co-headed by Partner | Head of Corporate/M&A Ognjen Colić and Head of Operations Hristina Kosec. The formal development of the ESG practice is a natural expansion of our corporate law activities and complements existing practices at Gecić Law. Our firm’s multijurisdictional, holistic, and cross-disciplinary approach will be coupled with […]
Details
The Irish Data Protection Commission (“DPC”) fined Facebook’s WhatsApp with EUR 225 million in its latest EU data protection ruling. The fine is the second largest of its kind in the EU. So far, only Amazon paid more in a privacy case in the EU. The DPC said in its ruling on September 2 that WhatsApp’s policies were not in line with the EU’s General Data Protection Regulation (“GDPR”), noting it registered breaches of Article 5(1)(a) as well as Articles 12 through 14. The breaches particularly include the provision of information and the transparency of that information to both users […]
Details
The struggle for existing and new users between companies that develop applications is relentless as our lives have been practically moved to the Internet over the years. It seems that the opposing sides do not choose the means anymore, so this is an IP perspective on Instagram Reels vs TikTok. Back in 2010, when Instagram was launched, social media (“SM”) networks were used to post personal content and maintain contacts, and Instagram focused on creating a photo-sharing platform. As the popularity of SM networks increased, sales came into focus and advertising content became a widespread feature. An SM network collects […]
Details
Why Schrems? The EU’s trust in the processing of personal data seems to be shaken. With the famous case Maximillian Schrems v Facebook Ireland Limited pending before the Austrian Supreme Court (“Court“) for a while now, Maximillian Schrems requested the Court to refer four questions to the Court of Justice of the European Union (“CJEU“) concerning the lawful use of personal data of all Facebook users from the EU. So, who is Maximilian Schrems? Maximillian Schrems is a law student from Austria and a personal data protection activist who has been extremely vocal about data protection before EU authorities. […]
Details
In April, the Commercial Court of Madrid (“Court”) granted provisional measures forbidding FIFA and UEFA to adopt, any type of actions against the so-called European Super League (“ESL”) or against the teams and players participating in the newly proposed European football competition during the course of the main proceedings (Gecic Law has already given legal insight on this topic). Before the measures, the ESL sent a letter to FIFA and UEFA officials calling for cooperation, but also warning that they had taken legal actions to prevent and nullify any efforts to block their project. The Madrid Decision The Court […]
Details
What do Facebook, WhatsApp and TikTok have in common? Well, they are social media giants, with billions of users all around the world. But there is something else that these platforms have in common that is worthy of attention. Lately, they have all been “hunted down” by regulators over their data policies. So, we wanted to take the time to say a few words on the TikTok case. What makes the TikTok case special? As most of you already know, TikTok is a social media platform used to make short-form videos that last between 15 and 60 seconds. The videos […]
Details
The UK Supreme Court ruled on February 19, 2021 that Uber drivers must be treated legally as workers. After a five year long legal battle, Mr. James Farrar and Mr. Yaseen Aslam (who jointly initiated the legal process), as well as all their fellow Uber drivers, celebrated the fact that they are finally recognized as workers of Uber, with all privileges and rights (e.g. minimum wage, right to paid holidays, right to unionize) that come with the status. However, in late March Uber stressed that the Supreme Court’s decision meant its drivers were “workers” but not “employees.” Nevertheless, the distinction […]
Details
Gecić Law is currently representing Bosnia and Herzegovina in a procedure with the Energy Community, a landmark case across the Balkans related to alleged state aid in the construction of Block 7 of the Tuzla Thermal Power Plant, a project worth USD 1.1 billion, with co-counsel Marić & Co. Law Firm based in Sarajevo. Launched in 2018 by the Secretariat of the Energy Community against Bosnia and Herzegovina, the process has been marked by violation of due process, complete disregard for the rights of the defense as well as continuous bids of the prosecution to speed up the process and […]
Details
Our Energy practice team has repeatedly demonstrated its credibility by devising unique opportunities for greenfield and brownfield investments for our clients. We provide comprehensive solutions related to privatization, regulatory compliance and due diligence in cooperation with eminent regulatory, corporate and financial experts. Counsel to Norwegian NBT AS on Wind Farms Project in Serbia Our latest accomplishment in the energy sector is providing counsel to NBT AS, Norway, a utility-scale wind power developer (exceeding 100 KW of power), in partnering with WV International (formerly Windvision). WV International has been developing wind farm projects in Serbia since 2010 and has been active […]
Details
Beyond a shadow of a doubt, the Internet has been a key factor in driving globalization and economic growth in recent years. Along the same lines, leading internet intermediaries have played an essential role in expediting this growth and providing companies of all sizes with the means to capitalize on all the benefits the digital era has to offer. Thus, it is hardly surprising that many Internet intermediaries, such as Amazon, Facebook, and Google, are among the world’s most successful companies. However, there are genuine concerns that their economic prosperity and progress are indirectly being encouraged by legislation that shields […]
Details
Do experts in arbitration and court proceedings help tribunals in making decisions or they are just instruments a party? Experts in arbitration and court proceedings have the task of assisting arbitrators and judges, in connection with complex issues related to a particular field. These experts possess specialized knowledge in various fields and help the arbitral tribunal and judges to better understand the problem that is being adjudicated. Experts make an exceptional contribution to the accurate assessment of the facts of the case since the tribunal itself often does not have the necessary expertise in a certain field. Even in the […]
Details
As worldwide lockdowns slowly recede and many of us, including courts, claimants and respondents, step back out of quarantines, we will be “greeted” by a plethora of complex litigation issues. The large number and complexity of these issues will require all sides to put in place even more sophisticated strategies to tackle the ensuing litigation onslaught. According to Harold Kim, the president of the U.S. Chamber Institute for Legal Reform, “[t]his early litigation is really, from our vantage point, the tip of the iceberg”. Cue May 6, 2020: Serbia rescinded the almost two-month-long state of emergency and relaxed measures restricting […]
Details
On April 20, 2020, Serbian and Kosovar* transmission system operators (“TSOs”) finally took a step forward to end a years-long dispute. The breakthrough came on the back of protracted negotiations between the Kosovar* TSO KOSTT and the Serbian TSO EMS, facilitated by the European Network of Transmission System Operators for Electricity (“ENTSO-E”). The vote on the draft Connection Agreement was successfully concluded by the Regional Group of Continental Europe. Thanks to this vote and the subsequent deal, KOSTT and Kosovo* will leave the Serbia-Montenegro-North Macedonia control block and form the Kosovo*- Albania control block, as announced a number of […]
Details
Defining arbitration There is no universally accepted definition of arbitration as a way of resolving disputes. Attempts have been made to define it, albeit unsuccessfully. Defining it is mission impossible owing to its multifaceted characteristics, and is only exacerbated by the existence of domestic, and international arbitration. Primarily, to grasp the essence of arbitration, it should be noted that this is an alternative mechanism of resolving disputes, therefore, without recourse to courts of law. The parties at odds can go to court and initiate litigation. Alternatively, arbitration is another avenue for settling the dispute. Arbitration is not only reserved for […]
Details
Is bad stronger than good? It is a fact that people are far more inclined to remember negative criticism or comments, than praise. It takes so many positive events to make amends for just one negative event. The Court of Justice of the European Union issued a Press release on October 3, concerning judgement in the case in which Mme Eva Glawischnig-Piesczek sued Facebook Ireland before the Austrian courts. She requested the removal of the notably harmful comment by a Facebook user which Austrian courts found insulting and defaming. The news immediately hit the headlines! The plain and simple truth […]
Details
The National Assembly of the Republic of Serbia recently passed the Enforcement and Security Interest (Amendment) Act (“Act”) which is set to be enacted on August 3, 2019 and come into force as of January 1, 2020. The Act contains a series of amendments to address shortcomings and resolve issues that have arisen in practice, and to ring the changes with the introduction of electronic filing of motions for enforcement, an electronic bulletin board, electronic public auctions, expedited enforcement proceedings etc. However, much controversy surrounds the fact that Article 170 prescribes that the Act shall come into force as of […]
Details