The public debate on the Draft of Amendments of the Companies Act, suggested and prepared by the Ministry of Economy in April, will take place in Belgrade on 4th October 2017. As part of the drafting procedure, the Ministry tried to identify and address business sector`s concerns regarding the Companies Act and identify areas where amendments to current regulatory framework might be needed. In order to facilitate the above-mentioned, the working group also included representatives of the Chamber of Commerce and Industry of Serbia, with more than 60% of the comments submitted by the companies to the Ministry, being adopted. […]
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On September 20, 2017 the Court of Justice of the European Union (the “CJEU“) issued so far the most significant judgment concerning the loans denominated in Swiss francs (the “CHF”). Namely, by judgment in case C-186/16 (Ruxanda Paula Andriciuc and Others v. Banca Românească SA), the CJEU ruled that a financial institution which grants a loan denominated in a foreign currency is liable to provide the borrower with sufficient information, in order to enable him to make a thorough assessment of economic risks and consequences of entering into such contract, and to make a prudent decision on this issue. The […]
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For the first time since Agrokor—one of the leading regional companies with almost 60,000 employees, became the biggest national news in the Balkans for facing liquidity issues—former Agrokor owner, Ivica Todoric, broke his silence, claiming he gave up control “under duress” and that “this is not Parmalat” indicating a potential and broader legal battle against the Croatian state on multiple fronts? Possible ramifications may include EU law, state aid & competition issues, constitutional claims, ECHR and even more. The extensive public announcement issued today and signed by Mr. Todoric points to “an unconstitutional and illegal nationalization” and states he “will […]
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The National Bank of Serbia adopted alterations and amendments to seven by-laws in the field of payment operations, thus resolving the dilemma regarding the liability of companies to use their corporate stamp when using payment services. The rule that companies are not obliged to use stamps in their business letters and other documents (unless otherwise prescribed by law), was explicitly set with the Companies Act, that became applicable in 2012. Even with the Payment Services Act, which applies since October of 2015 and which, in accordance with relevant EU directives provides that legal entities and entrepreneurs are not liable to […]
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The preeminent competition blog in Europe, Chillin’Competition put out a piece on the most recent developments in Serbia and the Balkans together with an exclusive publication of our constitutional challenge in English (available for download). This is one of the rare if not the only time for this region to come under the spotlight of this esteemed competition blog. Created in 2009, Chillin’Competition, under its mantra “Relaxing whilst doing Competition Law is not an Oxymoron” developed a cult following among competition practitioners, economists and aspiring law graduates across Europe and beyond thanks to its peculiar brand of legal humor, in-depth analysis […]
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Both Serbia and Montenegro have come under pressure from the European Commission to amend their respective Corporate Profit Tax Acts to bring tax incentives in line with EU law. This update provides a closer look and analysis, which suggests that amendments are an option worth considering for both Serbia and Montenegro. However, any such legislative change would need to be implemented in a manner that takes into account the interests of all stakeholders, including the interests of investors benefiting from the existing incentive schemes. The European Commission in Chapter 8 of its Screening Report for Serbia, emphasized that specific aid […]
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On September 11, 2017, the Bar Association of Serbia (AKS), the country’s national bar, submitted a constitutional challenge to the Constitutional Court against the Competition Act and all secondary legislation, as announced on its website. This landmark development was supported by a unanimous vote of the national Bar’s Board, including representatives of all regional and city bars. Together with the challenge, the Bar Association submitted a motion for stay of proceedings under way against the Association before the Serbian Competition Commission. With around 10,000 lawyers, the Serbian Bar Association is the largest assembly of legal professionals in the West Balkans. […]
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This update considers how exchange of information, as an essential part of any M&A transaction (from pre-acquisition discussions, through the due diligence procedure, and up to the closing of the transaction), may cause significant competition concerns under the Serbian Competition Act in terms of potential collusion between competitors. The prohibition on entering into restrictive agreements under the current Serbian Competition Act (CA) applies, as a general rule, to sharing of commercially sensitive information between undertakings. Relevant provisions of the CA prohibit contracts, certain contract provisions, express or tacit agreements, concerted practices, as well as decisions of undertakings associations which have […]
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Recent developments in Serbia, in particular an unprecedented number of hastily opened investigations and Competition Commission’s push for a complete revamp of the competition act, discussed in a recent PLC article “The Dawn of Dawn Raids or the Twilight of Due Process in Serbia?”, raised many eyebrows and prompted significant dissent from both public and private stakeholders. The widespread dissent took an interesting twist on August 21, 2017 when the Chamber of Commerce and Industry of Serbia (hereinafter: the Chamber of Commerce) issued an invitation for consultations to the members of its Assembly and Managing Board re the application and […]
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During the last ten days of May 2017, Serbian competition authority has hastily opened an unprecedented number of investigations. Simultaneously, the authority announced a push for a complete revamp of the competition act. Reviewing these developments through the lens of the New Administrative Act, which came into force on 1 June 2017, a strong argument can be made that behind these actions is a desire to circumvent the robust human rights safeguards introduced by the New Administrative Act and guaranteed under the ECHR and the Serbian Constitution. During the last ten days of May, the Commission for Protection of Competition of […]
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