In a landmark EU’s General Court’s ruling, Google successfully overturned a 1.5 billion euros fine imposed by the European Commission (EC) in 2019. The fine was tied to allegations that Google abused its dominant position in online advertising through its AdSense platform. The EC claimed that Google restricted third-party websites from displaying ads from competitors, a practice that allegedly stifled competition. The Case The case revolved around Google’s AdSense for Search, where the company had exclusive agreements with websites, preventing them from using rival ads. The EC argued this restricted competition in the online search advertising market. Google, however, maintained […]
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The recent case before the Court of Justice of the European Union (“CJEU”) could shake the world of football governance, urging FIFA to change its regulations. Defining the player-clubs’ relations was never an easy task. However, the football industry is continuously growing. FIFA, the sport’s governing body, implemented multiple rules to regulate the status and transfers of professional football players. However, specific articles of those regulations could contradict the EU principles of Competition Law and Freedom of Movement. Advocate General Maciej Szpunar published his opinion on this case, suggesting that specific articles potentially contradict the EU law. The case revolves […]
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The Council of Europe has adopted the world’s first international convention on artificial intelligence (“AI”) titled “Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law” (“Convention”), marking a significant step towards regulating AI technologies. The Convention is legally binding. Consequently, it ensures AI systems respect human rights, democracy, and the rule of law throughout their lifecycle. It includes provisions for transparency, accountability, and independent oversight, addressing potential risks and promoting responsible AI innovation. The Convention aims to create a balanced framework that encourages technological advancement while safeguarding fundamental freedoms and democratic values. […]
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The inaugural meeting of the informal Expert Group on the Carbon Border Adjustment Mechanism (CBAM) took place online on April 23, 2024. Hosted by the Directorate-General for Taxation and Customs Union (DG TAXUD), the meeting marked the beginning of a collaborative effort to guide the implementation of CBAM during its transitional phase and the definitive period, which is set to commence on January 1, 2026. The expert group comprises representatives from EU Member States, industry associations, NGOs, civil society, observers from third countries and international organizations. The session began with a welcome from DG TAXUD, acknowledging the participants’ commitment to […]
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Introduction to Medicine Marketing Authorization The pharmaceutical industry ranks among the most profitable sectors globally. In 2023, its estimated global value reached USD 1.6 trillion. This industry also plays a crucial societal role, given the importance of medicines and public health. Consequently, it faces strict regulations. This article explores the conditions for marketing medicines in Serbia. It also highlights regulatory similarities between Serbia and the European Union in this area. Obtaining a Marketing Authorization in Serbia To address this question, we first need to define what a medicine is. A medicine is a marketable product characterized by specific strength, pharmaceutical […]
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The ESG Adria Summit 2024, held in Tivat, Montenegro, successfully concluded its two-day agenda, leaving attendees enriched with insights on sustainable practices and technological innovations aimed at a sustainable future. This year’s theme, “Act Now for a Sustainable Tomorrow,” underscored the urgency of adopting strategies that align with ESG principles. Day 1 Highlights: AI at the Forefront of Sustainability The summit kicked off with powerful opening remarks from local dignitaries and ESG leaders. This set the stage for a series of discussions that intertwined sustainability with pioneering technologies and policies. Sessions on renewable energy funding and sustainable urban futures ensued. […]
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The European Critical Raw Materials Act (CRMA) was formally signed by the co-legislators, the European Council, and the European Parliament today. The Act will enter into force 20 days after publication in the EU Official Journal. Introduction to the European Critical Raw Materials Act (CRMA) In an era marked by rapid technological advancement and escalating geopolitical tensions, securing access to essential resources has become a priority for nations worldwide. The European Union, recognizing the strategic necessity of ensuring a sustainable and secure supply of critical raw materials (CRMs), has adopted the European Critical Raw Materials Act. This legislative framework is […]
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After numerous delays, the European Parliament gave the green light today for the Corporate Sustainability Due Diligence Directive (CSDDD). This directive aims to hold companies accountable for any environmental or human rights violations in their supply chains. However, the final version of the CSDDD has been significantly watered down from its original proposal, much to the dismay of sustainability advocates. The CSDDD, also known as the CS3D, sets out a standard for corporate due diligence on sustainability in the EU. This primarily involves environmental and human rights concerns. Under the new rules, companies are responsible for their own actions and […]
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Intro In a historic ruling, the General Court (GC) has upended a significant European Commission (Commission) Decision, accusing the BEH Group of leveraging its dominant position in Bulgaria’s gas supply market. This landmark gas market case is unprecedented as it represents a full annulment of Article 102 TFEU decision, underscoring the meticulous scrutiny applied by the GC in its assessment of competition law matters. At the heart of this legal saga is the Bulgarian Energy Holding (BEH), a state-owned entity boasting key subsidiaries like Bulgargaz and Bulgartransgaz, which play pivotal roles in Bulgaria’s energy sector. These two entities were the […]
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Gecić | Law proudly announces that Ivana Stojanović Raišić, a key member of its legal team, has been honored as a 2024 TerraLex Trailblazing Woman. The prestigious recognition is awarded by TerraLex, an elite global network of independent law firms, as part of the celebrations of Women’s History Month and International Women’s Day. The honor celebrates remarkable individuals who have impacted their firms profoundly both professionally and personally and paved the way for future generations of women in the legal profession. Gecić Law is a proud exclusive member of TerraLex for the jurisdictuions of Serbia and Montenegro. Ivana’s selection as […]
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The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) has faced escalating challenges since its final draft release on January 20. Despite weeks of uncertainty and concerns over the proposal’s fate, supporters were buoyed by the European Council’s unexpected decision to schedule a vote for February 28. However, optimism quickly waned as the vote failed to garner sufficient support. This cast doubt on the CSDDD’s revival before the March 15 deadline for approval by the European Parliament. The Directive The CSDDD, also called the CS3D, aims to establish a corporate due diligence standard on sustainability issues within the EU. The […]
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On February 8, 2024, the European Commission (“EC”) unveiled an updated Market Definition Notice (“the Notice”). The revision plays a crucial role in the EC’s approach to assessing mergers and antitrust cases by delineating the competitive boundaries and assessing the market power of companies. The Notice extends beyond EU Member States, mandating compliance from Western Balkan countries (“WBs“) aligned with the EU competition law acquis. Namely, all WBs, through the Stabilization and Association Agreements, have committed to enforce the criteria derived from the implementation of competition rules applicable in the EU, in particular from famous Articles 101, 102, 106 and […]
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In a landmark accomplishment, the collaborative efforts of Gecić Law’s ESG and EU Law teams, alongside Shibolet & Co.’s Environment, Sustainability & Climate Change team, in partnership with Sher Consulting & Training, have led to a significant milestone. This achievement marks the successful submission of the first CBAM reports from Israel in accordance with the EU’s new CBAM (Carbon Border Adjustment Mechanism) regulation. This groundbreaking collaboration supports Israeli aluminum, steel, and iron exporters, addressing the challenges of a new era in environmental accountability. Importers successfully submitted their first CBAM reports, covering the fourth quarter of 2023, by the January 31, […]
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In an era where businesses are increasingly attuned to their environmental and social footprint, the European Union has ushered in a transformative era by introducing the Corporate Sustainability Due Diligence Directive (CSDDD). Anticipated to take effect in 2024, this groundbreaking legislation is poised to reshape the landscape for companies operating within the EU and beyond its borders. At its essence, the CSDDD compels large companies to: Identify, prevent, and alleviate potential adverse impacts on human rights and the environment across their entire value chain, encompassing subsidiaries, suppliers, and downstream partners. Institute a due diligence process integrating risk assessment, grievance mechanisms, […]
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New rules Fédération internationale de football association (“FIFA”), with its prerogatives in creating the legal framework for the game of football, enacted new changes in their FIFA Football Agent Regulations (“FFAR”). To create a more transparent, efficient, and just system, the new regulations aim to reinforce contractual stability, protect the integrity of the transfer system, and achieve greater financial transparency. However, some of the introduced provisions may potentially violate competition laws, leading to a reluctance among many countries to incorporate the FFAR into their national regulations. With many court proceedings in various national courts from England to Brazil and before […]
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In a move to learn more about emerging digital markets, the European Commission today launched calls for contributions focused on virtual worlds and generative AI. These initiatives represent a step by the Commission to understand the competitive dynamics in these rapidly evolving sectors. The Commission has reached out to various stakeholders, requesting information to gain a comprehensive view of the current state of competition in these innovative fields. Players from all corners of the industry, including developers, consumers, and academic experts, will indeed share their experiences and insights. Virtual Worlds: A New Competitive Landscape Virtual worlds, characterized by their persistent, […]
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What is the Digital Markets Act? The EU Digital Markets Act (DMA) is meant to make digital markets fairer and more competitive. How DMA does this is simple: the European Commission designates the “gatekeepers” (mostly the big tech companies), imposing on them new obligations such as mandatory interoperability of gatekeeper’s services and preventing the gatekeeper from favoring its products and services against similar services or products offered by third parties on the gatekeeper’s platform. A quick repeat of what it takes for a company to be a gatekeeper: strong economic position, significant impact on the internal market, and being active […]
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Bogdan Gecić, Founding Partner at Gecić Law, recently spoke to Euractiv Serbia and shared his insights on the critical changes in international trade likely to ensue as a result of the European Union’s groundbreaking Carbon Border Adjustment Mechanism (CBAM) regulation. The regulation entered its transitional phase on October 1, 2023. Moreover, Bogdan detailed the ramifications for businesses. The article is titled “CBAM: Why is It Important and What Do We Need to Know?” The article clearly explains the motivation and reasoning behind this unique regulation. With the CBAM, the EU pioneers the world’s first carbon border tax on imports into […]
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Bogdan Gecić, the Founding Partner of Gecić Law, recently spoke with journalist Paddy Bolton. He was thereafter quoted in a Brussels Signal article regarding the EU’s Foreign Subsidies regulation (FSR) and its application in football. Spain’s top football division has filed a complaint with the European Commission (EC) against France’s Paris Saint-Germain (PSG). They argue that PSG’s funding from Qatar violates the EU’s rules on foreign subsidies. Similarly, Belgian football club Royal Excelsior Virton has raised objections about Lommel SK, which receives Abu Dhabi funds. The Foreign Subsidies Regulation (FSR) and Football These interventions come after the EU’s FSR came into […]
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Bogdan Gecić, the Founding Partner of Gecić Law, recently spoke with journalist Paddy Bolton. He was thereafter quoted in a Brussels Signal article regarding the significant changes coming up with the European Union’s pioneering Carbon Border Adjustment Mechanism (CBAM) regulation. The European Union (EU) has begun a transitional phase for implementing CBAM, effective October 1. This initiative, part of the European Green Deal, aims to reduce carbon emissions by taxing carbon-intensive imports. The article discusses the possible implications of CBAM. Boston Consulting Group predicts this could increase the average car price in the EU by approximately EUR 600. This is […]
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The SEEenergy conference kicked off this morning with an exciting panel on Decarbonization in the economy. Our colleague Branko Gabrić sparked great interest as he spoke about the EU’s Carbon Border Adjustment Mechanism (CBAM). The discussion was timely as the new regulation took effect on October 1. The code will introduce significant changes, especially for a specific group of carbon-intensive industries. The energy sector is consequently among the most significantly affected. Panel Discussion on Decarbonization in Industry The distinguished panelists hailed from companies in diverse industries, including Henkel, ABB Group, Schneider Electric, Energy Net, and Viessmann. They shared their views on Decarbonization and specific […]
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From this Sunday, October 1, the European Union (EU) will start implementing the Carbon Border Adjustment Mechanism (CBAM) in its transitional phase. This regulation reflects the EU’s commitment to mitigating carbon leakage as part of the Fit for 55 Agenda. It aims to harmonize carbon costs between local and imported products. CBAM should also galvanize global industries towards adopting greener technologies. Initially, this mechanism will include cement, aluminum, steel, electricity, hydrogen, and fertilizer imports. From now on, importers must submit quarterly reports on greenhouse gas (GHG) emissions in production. Data collection starts in the last quarter of 2023, with the […]
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We are pleased to announce that Gecić Law will proudly join the sixth regional SEEenergy conference. This year’s event will take place in Novi Sad from October 2 – 3. It will explore new challenges in energy transition, including decarbonization, energy storage, and the market. At the conference, Gecić Law will share its expertise on the latest developments in EU law and their likely impact on businesses and economies of the region. EU’s Carbon Border Adjustment Mechanism (CBAM) takes effect on October 1. The regulation will introduce significant changes, especially for a specific group of carbon-intensive industries. The energy sector […]
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The European Union has formally unveiled today specific rules for importers on implementing the world’s first carbon border tax. These guidelines in the form of its Implementing Regulation were published today in the EU’s official journal, highlighting the processes to be followed by EU importers in light of the Carbon Border Adjustment Mechanism (CBAM) during its transitional phase. The Carbon Border Adjustment Mechanism is a groundbreaking initiative by the European Union. CBAM aims to level the playing field between EU producers who bear carbon pricing costs and foreign producers who don’t face these charges. It discourages businesses from seeking cheaper […]
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Bogdan Gecić, the Founding Partner of Gecić Law, provided insights today for Euronews Serbia’s primary news program regarding the significant changes coming up in the environmental law and international trade, driven by the European Union’s pioneering Carbon Border Adjustment Mechanism (CBAM) regulation. The CBAM regulation will begin to apply on October 1, 2023. Bogdan shared his views on the steps businesses that exporters should take to prepare. This applies to carbon-intensive sectors, including iron and steel, electricity, fertilizers, cement, hydrogen, and aluminum. In his guest appearance on Euronews, Bogdan delved into the genesis and rationale behind this unique regulation. The […]
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August 25, 2023, marks a monumental shift as the Digital Services Act (“DSA“) takes center stage, impacting industry giants like Amazon, Google, Apple, and TikTok. With 19 platforms and search engines, each having a minimum of 45 million users, the DSA takes action to uphold data privacy, combat disinformation, and eliminate online hate speech. This dynamic legislation aims to give users, including minors, enhanced rights and control over their online presence, fostering a high level of privacy and security. What’s the story? Back on April 25, 2023, the first designation decisions were made, designating very large online platforms (“VLOPs“) and […]
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Introduction The European Union has initiated the world’s first carbon border tax, known as the Carbon Border Adjustment Mechanism (CBAM), in a strategic move to tackle the mounting concerns of climate change. The CBAM is designed to level the competitive landscape, ensuring that EU companies, which are already bearing the cost of their carbon emissions, remain on equal footing with enterprises originating from nations with minimal or no carbon emission charges. While the Carbon Border Adjustment Mechanism (CBAM) stands as a significant development in the realm of climate policy, its ramifications extend beyond environmental considerations, reshaping the contours of international […]
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On July 4, the EU Commission introduced a new Procedural Regulation aimed at enhancing cooperation among data protection authorities (“DPAs“) when enforcing the General Data Protection Regulation (“GDPR“) in cross-border cases. The Procedural Regulation focuses on establishing clear guidelines for DPAs handling cases involving individuals in multiple Member States without impacting any substantial elements of the GDPR, including the rights of data subjects, obligations of data controllers and processors, or the lawful grounds for processing personal data. A notable aspect of the Procedural Regulation is a provision that mandates the lead DPA to share a “summary of key issues” with […]
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Starting from July 1, 2023, the newly adopted Horizontal Block Exemption Regulations on Research and Development Agreements (“R&D“) and Specialisation agreements (together “HBERs“) shall take effect in the EU. The essence of HBERs, and the accompanying Horizontal Guidelines (“Guidelines“), is to facilitate the self-assessment of the most common types of horizontal cooperation agreements. They are also well-known as a safe harbor to undertakings, for as long as the latter comply with the rules set in the HBERs, leading to block exemption of such agreements from the competition rules. The novelties in said pieces of legislation offer a more flexible approach […]
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On Tuesday, the EU Parliament unleashed a legislative game-changer in the global climate battle, adopting the world’s first carbon border tax (CBAM). The MEPs also formally adopted the deals reached with the Council in December 2022 on several other critical pieces of legislation, including the closely-related revised EU’s Emissions Trading System (“EU ETS“) and a new Social Climate Fund (“SCF“), all a vital part of the EU’s Fit for 55 package, designed to help the bloc cut greenhouse-gas emissions by 55 percent by 2030 against a 1990 baseline. The CBAM complements the EU Emissions Trading System (ETS), addressing the phenomenon of […]
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The Future Is Here! And it is here to stay. What we could only imagine some years ago is now part of our reality, and AI has become an ever-present topic. AI is everywhere, from banking and healthcare to transportation and entertainment. Learning more about the impact of these innovations makes us ask ourselves how this will alter our habits, make our everyday activities less cumbersome and affect our fundamental rights. So, let’s talk about AI’s pros(perity) and cons(istency) in protecting rights. Pioneering AI. The European Union (“EU” or “Union“) has set the first global comprehensive regulatory framework to apply to […]
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On March 22, 2023, the European Commission adopted a proposal for a new directive to prevent businesses from misleading their customers about the environmental characteristics of their products and services. The proposed Green Claims Directive (“GCD”) aims to provide consumers with valid, comparable, and verifiable information about the environmental impacts of the purchased products. The new rules will regulate various claims made by businesses regarding the environmental aspects or performance of their products or services that are not already targeted by other EU rules. GCD also regulates environmental labels, which provide information on the environmental characteristics of a product or […]
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The energy crisis and rising costs are not the primary driver but have certainly accelerated discussions on energy sustainability. Responsible companies and real estate developers are already implementing construction strategies that enable energy sustainability and qualify for certificates such are LEED and BREEM. As the market is turning greener, real estate developers are motivated to do so: it increases the demand, secures financing, and provides an overall better company image. But what about old buildings? Either built before there was awareness of the need for energy savings or just losing the battle with time, old buildings maintain energy spillage, which […]
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In December, the European Commission (“Commission”) issued a Statement of Objections (“SO”) to Facebook’s parent company Meta Platforms Inc. The Commission said that based on its preliminary view, Facebook had violated EU antitrust rules by distorting competition for online display advertising on social media linked to Facebook Marketplace. Marketplace, which Meta launched back in 2016, is a virtual place for Facebook users to discover, buy and sell just about anything, from vehicles, clothes, books, smartphones, and even property, within their local social community. The Commission’s preliminary theory of harm presented in the SO concludes that Meta abused its dominating positions […]
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Gecić Law is proud to have been a co-editor and the exclusive contributor for Serbia for the CEE Legal Matters Comparative Legal Guide: Corporate Governance 2023. The guide looks at regulations and industry standards that govern the operations of a corporation, as well as the legal responsibilities and obligations of the corporation’s management and board of directors. Additionally, it looks at the oversight and enforcement of these laws and regulations by government agencies and regulatory bodies. In the guide’s introductory foreword, counsel Branko Gabrić, explains, “On the one hand, corporate governance is essential as it is about controlling risks, ensuring regulatory […]
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In her keynote speech at the 2023 World Economic Forum in Davos, Ursula von der Leyen, EU Commission President, outlined yesterday the main pillars of the EU’s Green Deal Industrial Plan to boost Europe’s leadership in green technology on its road to carbon neutrality. “We know we have a small window to invest in clean tech and innovation to gain leadership before the fossil fuel economy becomes obsolete,” said von der Leyen. As the plan’s regulatory pillar, she announced a new Net-zero Industry Act to support the “greatest industrial transformation of our times” and keep up with strongly incentivized programs […]
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As anticipated for some time in the previous months, while having been agreed upon between the EU institutions, the Foreign Subsidies Regulation (Regulation) finally saw the light of day on January 12, 2023. Its application will commence on July 12, 2023. The Regulation offers new tools for the European Commission (Commission) to investigate financial contributions from non-EU countries to companies operating in the EU to prevent distortions in the internal market. This specific State aid regime provides for an extended application of EU rules and the Commission’s competencies beyond the EU borders. One of the notable features is that the […]
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The European Union is fast-tracking the road to a greener future as EU institutions reach provisional agreements on the Carbon Border Adjustment Mechanism (“CBAM”) and the EU Emissions Trading System (“ETS”). After round-the-clock negotiations between EU officials, the “Fit for 55” legislative package with the ultimate goal of reaching carbon neutrality by 2050 is now being finalized. What are the implications for non-EU countries? EU’s Climate Action Recognizing the threats of climate change, the European Union adopted a range of climate laws, which includes the ETS and the CBAM, as part of the revolutionary “Fit for 55” legislative package. In contrast to the […]
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The Judgment of the European Court of Justice (“ECJ“) from November this year raised the issue of compatibility of proclaimed fundamental human rights with public registers of ultimate beneficial owners available to all interested parties (“Judgment“). According to the Fourth Anti-Money Laundering and Terrorist Financing Directive (the “Fourth AML Directive“), all European Union member states were obliged to make public the registers of beneficial owners of companies operating in their countries so that they can be accessed by any person who has a “legitimate interest.” Accordingly, in 2019, Luxembourg passed a law confirming this directive. It established a register of ultimate […]
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The European Commission (Commission) continues to work on implementing the Digital Markets Act (DMA). On December 9, 2022, the Commission published a draft regulation on implementing the DMA and annexes. Public consultations are currently underway until January 6, 2023. The Commission would like to consider the input of different publics and take on board their suggestions, comments, and proposals when finalizing this draft regulation. Feedback received will be published on the Commission’s website and must adhere to the rules for input and suggestions. To participate in the public consultation process, interested parties must register. The regulation aims to ensure fair, efficient, and complete […]
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A significant and long-awaited day for Bosnia and Herzegovina! As announced by the Council of the EU, the EU General Affairs Council recommended granting the candidate status to Bosnia and Herzegovina. The European Council will make the formal decision on Thursday, December 15, at the summit of the leaders EU’s 27 in Brussels. It’s been six years since the country submitted its formal application for full membership in the EU back in 2016. The process is now nearing its conclusion, and yet another Western Balkans country is about to reach its primary goal – attaining candidate status as an essential step […]
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Our colleague Nemanja Sladakovic took part on Friday in a panel discussion titled “Expert talks – How to measure sustainability? News that will influence sustainability reporting cycles”, held as part of the CSR Forum organized annually by the Responsible Business Forum. Panelists discussed how sustainability is measured and what changes will affect ESG reporting cycles. Nemanja spoke about introducing the EU Carbon Border Adjustment Mechanism (CBAM), which will significantly affect the economies of countries with a significant share of exports to the EU. Other participants in the panel were Vladica Janković from the Statistical Office of the Republic of Serbia, Danko Kalkan, Ernst & Young, Nina […]
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European Union (EU) and Western Balkans telecommunication operators signed a Roaming Declaration at the EU-Western Balkans Summit held on Tuesday in Tirana. According to the Declaration, Western Balkans – EU roaming charges will be reduced voluntarily from 1 October 2023, with subsequent reductions gradually leading to their complete elimination. The commitment was also reinforced as part of the Tirana Declaration, which was agreed upon at the Summit. The initiative is another crucial step in bringing the Western Balkans closer to the EU. It aims to enhance connectivity, mobility, and affordability of telecommunication services for individuals and businesses, contributing to more opportunities for […]
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New developments are coming up in Frontex agreements! On November 18, 2022, the European Council gave the green light for the opening of negotiations to broaden the already signed cooperation agreements between Frontex and four Western Balkans countries (Albania, Bosnia and Herzegovina, Montenegro and Serbia). This cooperation reflects the European integrated border management concept with non-EU countries and enables Frontex to carry out joint operations and deploy staff in these countries. The arrangement became operational in 2019 with the signing of the first agreement with Albania. Apart from the above countries, it includes Moldova and North Macedonia. On the other […]
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November 1, 2022, was a big day for the EU! And not only the EU. The EU Digital Markets Act (DMA) finally saw the light of day. As its implementation will start in six months, we need to be ready for all the changes it will introduce in the tech world. Incited by the good old competition case law, the DMA will tackle the concerns that the European Commission (Commission) had in its previous practice. So, on the one hand, there will be loads of new obligations to the tech companies meeting the criteria of being designated as gatekeepers, and on the […]
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The European Union (EU) and the Association of Southeast Asian Nations (ASEAN) signed yesterday in Bali the world’s first bloc-to-bloc Comprehensive Air Transport Agreement (CATA). Most EU member states so far have had bilateral agreements with some of the ASEAN countries, with different scopes and rules. However, very few had such arrangements with all the countries of ASEAN. The new agreement now includes all member states of each region and replaces all existing contracts with a unified framework, connecting more than one billion people. The agreement aims to revitalize air travel and transport between Southeast Asia and Europe, which has […]
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Europe is now fit for the digital age as the long-awaited Digital Markets Act (DMA) was published in the Official Journal on October 12. Adopted by the European Parliament in September, the DMA will enter into force on November 1 and start to apply in May next year. The act provides a framework to prevent the most prominent digital companies, the so-called “gatekeepers,” from abusing their market power, ensuring greater competition in digital markets, and sparking more innovation in the industry. The DMA will primarily target the world’s most powerful corporations in the IT industry, commonly referred to as the “Big Five” […]
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The European Commission’s (Commission) antitrust enforcers are investigating Google Play Store. The antitrust enforcers are now looking into the restrictions Google has placed on the Play Store app market. According to the sources, the Commission has sent a confidential questionnaire to several companies that use the Play Store. Most of the questions are about the billing terms and fees they must pay to this tech giant to be listed in its application catalog. Any purchase made inside an application (in-app) that has been downloaded from the Play Store is subject to a 15% to 30% fee that Google charges. Publishers […]
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Building on our CBAM series, we can now report that the CBAM was adopted by the EU Parliament (“Parliament”) on June 22, 2022. The next step is the EU Council approval (“Council”). Even though there are still some differences regarding the approach between the Parliament and the Council, it is assumed that their shared vision of the overall goals will be decisive in finding a compromise on regulation introducing CBAM. Back in 2005, the EU established the EU Emissions Trading System (“ETS”), which has since become a cornerstone of the EU’s climate change policy and its most important tool for reducing […]
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Today in Brussels, the EU parliament, EU governments and the European Commission will try to agree on uniform rules for corporate reporting on environmental, governance and social standards (ESG). This will be the last time that the lawmakers meet to confirm the new reporting rules. Pascal Durand, the lead negotiator for the European parliament, stated ahead of the meeting: “If we strike a deal tonight, the EU will set the tone of the global conversation on sustainable standards for the company of the 21st century.” This highlights the importance of the new uniform reporting rules for the companies, and as […]
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In January 2018, the European Commission (Commission) imposed on Qualcomm, a US chipsets company, a fine of close to €1 billion for abuse of dominance from February 2011 to September 2016. The Commission found the company liable for prompting Apple to conclude agreements with incentive payments and make it exclusively bound by Qualcomm’s LTE chipsets to be incorporated into their devices. This had, ultimately, led to anticompetitive effects on the relevant market. Qualcomm challenged the decision which was annulled in its entirety on June 15, 2022, by the General Court of the EU (Court) for two reasons – procedural irregularities […]
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In this edition of our series dedicated to our esteemed colleagues who were recognized in this year’s The Legal 500 EMEA rankings, we bring you our founder and managing partner Bogdan Gecić. After being recognized by The Legal 500 as a Leading Individual in Competition for seven consecutive years, in this year’s rankings, Bogdan was especially honored by being amongst the distinguished few to be inducted into the elite global directory’s newly established EMEA Hall of Fame category, which highlights the law firm partners who are at the pinnacle of the profession having received constant praise by their clients for continued […]
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Building on our series of CBAM articles, we report shocking news from the EU Parliament. Members of the EU Parliament (“MEPs”) unexpectedly rejected a series of legislative proposals from the “Fit for 55” legislative package, including the EU Parliament’s negotiating position on the introduction of a Carbon Border Adjustment Mechanism (“CBAM”). Back in 2005, the EU established the EU Emissions Trading System (“ETS”) which has since become a cornerstone of the EU’s climate change policy and its most important tool for reducing greenhouse gas emissions. Since its inception, the ETS is constantly being reformed which was one of the goals […]
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In anticipation of the June 7 plenary session when the European Parliament will take on the CBAM proposal, we delve into the key ideas behind and the expected game-changing impact of the regulation on international trade. In this edition of our CBAM series, find out more about how this wind of change may affect consumers, businesses and economies across the globe. Why is the EU introducing a new carbon pricing policy? As a new policy, the Carbon Border Adjustment Mechanism (“CBAM”) is being developed to work in conjunction with the EU Emission Trading System (“ETS”) – a cornerstone of the EU’s […]
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Leading economic minds are highlighting climate change as one of the most threatening factors to today’s relative economic prosperity. Although environmental policies have been in place for a long time, they appear to have had little impact in practice. The lack of clear definition and specific rules in the field may be an important factor, as this has been a cause of much concern and given raise to questionable practices, including the growing phenomenon of greenwashing – a deceptive method of marketing in which a product, good, or service is presented to appear to follow environmental protection principles intended to […]
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On May 10, 2022, the European Commission adopted a new Vertical Block Exemption Regulation (“VBER“) and related guidelines (“Vertical Guidelines“), following a detailed review of the previous Vertical Block Exemption Regulation dating to 2010 (“old VBER“). The objective of the VBER is to exempt agreements between undertakings operating at different levels of the supply chain (“vertical agreements”): if certain market share thresholds are met, and provided the agreement does not contain certain prohibited restrictions (“hardcore restrictions”). In other words, the VBER aims to recognize which types of vertical agreements are generally efficiency-enhancing and provide benefits to consumers. One of the […]
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The Committee on the Environment, Public Health, and Food Safety (“ENVI”) decided on Wednesday to accelerate the shift to electric vehicles in Europe to reach increased climate ambitions. In July 2021, as part of the ‘’Fit for 55’’ package, the European Commission (‘’Commission’’) decided to propose an amendment to the Regulation 2019/631 to strengthen the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition. Currently, carmakers need to ensure that their average fleet of new cars emits no more than 95 grams of C02 a kilometer. Lawmakers have […]
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Today is Earth Day, a global celebration held on April 22 every year to show support for environmental protection. It began on April 22, 1970, and has since grown to include a diverse range of events coordinated globally, involving over a billion people in over 193 nations. On Earth Day 2016, the United States, the United Kingdom, China, and 120 other countries signed the historic Paris Agreement. To mark this important day, Gecić Law is bringing you a special Insights Report dedicated to the European Union’s legislative journey toward a carbon-neutral continent. In July 2021, the European Commission (“EC“) adopted […]
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What are shell companies? These are legitimate legal entities that do not own assets or conduct business operations. Although they are not illegal, they may be used illicitly. Shares of shell companies are not traded on stock exchanges. Most exist on paper only and are little more than a mailing address. That is why the European Commission (“EC”) has issued a draft directive on shell companies. Legal vs Illegal Use of Shell Companies Examples of the legal use of a shell corporation could be to serve as vehicles in cross-border transactions, such as mergers and acquisitions. However, shell companies are […]
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The Court of Justice of the European Union (“CJEU“) delivered two judgments on 22 March 2022. By those judgments, the CJEU ruled on the scope of the protection afforded by the prohibition of ne bis in idem principle in competition law. The CJEU recalled in both cases that the application of the ne bis in idem principle is subject to a twofold condition. First, there must be a prior final decision and secondly, the prior decision and the subsequent proceedings must concern the same facts. The CJEU clarified that the limitations may be imposed on the exercise of a fundamental right, such as the prohibition against double […]
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In late 2021, the Romanian Constitutional Court issued a statement regarding the judgment of the Court of Justice of the European Union (”Judgment”) in Cases C-357/19 Euro Box Promotion and Others, C379/19 DNA – Oradea Territorial Service, C-547/19 “Romanian Judges Forum”, C-811/19 FQ and others and C-840/19 NC. The Judgment established that national judges are entitled to disregard the decisions of the Romanian Constitutional Court that are not aligned with the EU law without any risk of disciplinary measures. Moreover, it addressed the Romanian justice reforms and pointed out the mandatory character of the EU’s recommendations, embedded in the Cooperation and […]
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Our founder and partner Bogdan Gecić spoke with the regional publication The Adriatic, an English-language publication by the Institute for Strategic Solutions (Inštitut za strateške rešitve) in Ljubljana. It features fundamental business and geopolitical issues of importance for the region of Southeast Europe. The interview was published in the February issue. Bogdan spoke about the Gecić Law’s achievements and its strengths when advising diverse entities in the SEE region. He singled out innovation as the key ingredient to the firm’s success and the decision to expand into new practice areas such as ESG, one of the most pressing issues of […]
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The European Ombudsman Emily O’Reilly stated on Friday that text messages between EU Commission President Ursula von der Leyen and the CEO of pharmaceutical giant Pfizer are documents the public should have access to. O’Reilly’s opinion indicates that the Commission mishandled a request for public access to these messages, which concern the EU’s purchase of COVID 19 vaccines from the manufacturer. The European Commission had earlier denied a request made on 4 May 2021 via Access Info’s AsktheEU.org platform by Alexander Fanta, a journalist with netzpolitik.org. Access Info’s platform enables citizens of the EU direct access to public information. The […]
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The Global Gateway initiative was unveiled on December 1, 2021, as a strategy of the European Union (“EU”) to support sustainable infrastructure development around the world. The EU is planning to invest EUR 300 billion over five years. The European Commission pitched the Global Gateway as a template for how Europe aims to build more resilient connections across the globe. The Global Gateway is about increasing investment, promoting values and high standards, good governance and transparency, partnerships based on equality, green, clean, secure infrastructure, but also catalyzing and supporting private sector investment in new markets as part of the Global […]
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For several years in a row, Serbia is ranked among the leading destinations for foreign investors. According to the Greenfield FDI Performance Index, in 2019 Serbia was ranked first among 105 states observed by the index. A similar status was maintained throughout the subsequent years as Serbia ranked fifth in 2020, and sixth in 2021. According to the World Bank Doing Business rankings, Serbia is ranked among business-friendly jurisdictions, whose ease of doing business index grows regularly. The willingness to invest raises concerns regarding the legal and institutional framework of the host economy. Bilateral investment treaties (“BIT”) have been presented […]
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We recently won the Oscars of the legal world! Gecić Law was named the top legal firm in the 150-million-strong SEE market at The Lawyer European Awards 2021, placing our firm among the crème de la crème of the European legal market. Gecić Law was the only law firm from the former Yugoslavia and the Western Balkans to be shortlisted for the award and the first firm ever to be awarded the coveted prize in the new category covering the dynamic regional market. The news of the award going to a Belgrade-based firm sparked significant interest. Our Founding Partner Bogdan […]
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Cluster 4 on the Green Agenda and Sustainable Connectivity was formally opened at an Intergovernmental conference on Tuesday, in Brussels, covering four negotiating chapters. Earlier this year, and in order to make the accession process more efficient, the Commission proposed and the EU Council agreed to implement the revised Enlargement Methodology, according to which negotiating chapters are organized in thematic clusters. Clusters were envisaged as a means to ensure stronger progress monitoring and accelerated integration. The Green Agenda and Sustainable Connectivity cluster encompass Chapter 14 on Transport Policy, Chapter 15 on Energy, Chapter 21 on Trans-European Networks and Chapter 27 […]
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On December 9, 2021, the European Commission (’’Commission’’) approved Croatian State aid in the amount of EUR 783 million to support the production of electricity from renewable energy sources as part of the European Union’s endeavors to meet the climate and energy objectives set by the Communication ‘A policy framework for climate and energy in the period from 2020 to 2030’. The Croatian scheme will be open until 2023 and will be paid out to the selected beneficiaries for a period of 12 years. The Commission assessed this scheme under the 2014 Guidelines on State aid for environmental protection and […]
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The battle for supremacy i.e. primacy between Member State and European Union (“EU”) law is in full swing, with the prospect of even more trouble. In late October, the EU’s highest court (“CJEU”) issued a landmark daily fine to Poland in the amount of EUR 1 million for failing to comply with CJEU’s order. This tremendous fine is the biggest to date and may very well be a warning to any other Member State that might try to question the primacy of EU law. Getting to the Biggest Supremacy Fine Polish judicial system reforms are what triggered the dispute between […]
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Our own Ivana Stojanović Raišić, Counsel, shared her tremendous knowledge and experience with the students of the esteemed University of Florence (ita. Università degli Studi di Firenze) in a unique experience, as a guest lecturer in the International Business Law Course, led by Prof. Ettore M. Lombardi. Students had the opportunity to listen in and take an active part in an online two-part mini-course titled Elements of Competition Law: An International Perspective, where Ivana provided practical insights into the most interesting aspects of competition law and how they relate to business activity. Students engaged in a number of hands-on exercises […]
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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 […]
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The European Commission has proposed the prolongation of the State aid Temporary Framework until 30 June 2022, in order to expedite the ongoing Covid-19 economic recovery in Europe. The Temporary Framework was initially adopted on 19 March 2020 and to this date, it was amended and prolonged five times (more information available here and here). Margaret Vestager, the Executive Vice-President, who is in charge of the competition policy said that we are finally seeing improvements in the EU economy after the big crisis that hit the EU due to Covid-19. She also added: ’’[W]e need to be aware of disparities […]
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It is almost impossible to remain unfazed by the increasing detriments of global warming. To make matters worse – the worst is yet to come, and we can only mitigate the unavoidable consequences. To this end, the European Union (“EU”) has sought to develop a strategy for combating climate change and global warming. The children of this effort are several significant legal acts. As part of the “Fit for 55” initiative, the EU wants to reduce net greenhouse emissions by 55% by 2030. So, here’s where we get to the hydrogen economy. The global economy is currently based on hydrocarbons […]
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A phenomenon known as the Internet of Things (“IoT”), which has been at the forefront of the global tech changes, recently caught the European Commission’s (“Commission”) attention. The Commission’s Preliminary Report and Q&A on this tech & business sector is a big step towards acknowledging IoT as a market of the future, while simultaneously pointing out some potential dangers of this groundbreaking technology. Internet of Things – a Brief Explanation Let’s imagine this situation: you are not only an ardent coffee drinker but also a sleepyhead. Your alarm wakes you up at 7.00 am. You have little precious time to […]
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In the process of gradually aligning its legislation with the EU acquis the Government of the Republic of Serbia adopted two bylaws on 11 March 2021 in the field of state aid, complementary to the recently adopted new State Aid Control Act. All this adds value to the start of talks on the Chapter 8 – Competition Policy of Serbia’s negotiation process and may speed up Serbia’s EU accession. Regional Aid Regulation This regulation is designed to promote economic development of the least developed regions or the development of regions with a high level of unemployment. It also allows state […]
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The Council of the EU agreed on Tuesday to apply its revised enlargement methodology in the accession negotiations of Serbia and Montenegro. The new rules within the accession process aim to increase contacts at the ministerial level and promote fundamental reforms in the two countries. Additionally, the new enlargement methodology has the goal of improving the predictability of the accession process. Furthermore, it reorganizes chapters into clusters to speed up negotiations between the states with the EU. The decision comes after the European Commission issued a Communication in February which addressed the need to improve the accession process. The new […]
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After a short break from our previous reflections on the EU’s new set of regulations concerning digital markets (more details available here), we are back with an even more vivid and thorough breakdown of the proposed regulation. To pick up where we left off, we will be taking a closer look at the Digital Services Act (“DSA“ or „Act“). As we have already familiarized ourselves with the EU’s goals and ambitions regarding new digital market regulation, we can now fully indulge ourselves by taking a closer look at the Act. We hope that you managed to catch your breath because […]
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As the famous Arabic proverb says, ‘Silence is golden’. And it seems that this nugget of ancient wisdom still holds true today – even in law; even when it comes to a high-profile case before the European Court of Justice. To find out why would silence be so important as to cause a stir among lawyers throughout Europe, we must track back to the beginning. What happened? On February 2, 2021, the European Court of Justice (ECJ) released a landmark ruling on due process rights in preliminary reference from the Italian Constitutional Court in DB v Commissione Nazionale per le […]
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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 […]
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Diplomacy & Commerce magazine, a syndication of London’s The Economist magazine for Serbia, prepared a special InFocus supplement as part of its February 2021 issue, with the aim of providing the readers a closer insight into the development of bilateral relations and successful cooperation between Serbia and the United Arab Emirates. Bogdan Gecic, Managing Partner at Gecic Law, a founding and exclusive member of the UAE Serbia Business club since 2019, gave an interview, which can be read in its entirety below. As an industry, the legal profession has been changing significantly. We have always believed there is a lot […]
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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 […]
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The Energy Community, the quintessential energy organization aiming to extend EU’s internal energy market and EU acquis to southeastern Europe and the Black Sea region, and create an integrated & sustainable pan-European energy market, recently published its 2016/2017 Annual Implementation Report (Report) (available for download), where it officially acknowledged our ongoing constitutional challenge against the Serbian Competition Act, secondary legislation and general regulations. The report does a noteworthy job in properly identifying some of the key arguments set out in the constitutional challenge, particularly the criminal nature of competition proceedings, lack of procedural safeguards required by the ECHR, and that 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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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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The Serbian 2009 Protection of Competition Act (as amended in 2013) (the Act) provides for rather low merger control thresholds, compared both to EU law and countries in the region. Thresholds set this low can (and usually do) result in excessive merger control which eventually brings more harm than good to market competition. In order to put an end to this, a change in decisional practice and/or legislative change in regards to this important aspect of merger control is required. The Act provides for rather low merger control thresholds, compared both to EU law and countries in the region. Namely, […]
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The new EU data protection framework, set to come into force on May 24, 2018 in the form of the General Data Protection Regulation (GDPR) is directly binding in all Member States, however its scope goes beyond the boundaries of the EU – affecting foreign companies that deal with personal data of EU citizens. National Data Protection authorities of EU member states already have certain powers over foreign enterprises, as seen in the landmark Costeja case (C‑131/12) where Google Inc., an American company, was forced to protect a Spanish national’s right to the respect of his private life. The GDPR […]
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On 11 May 2017, Advocate General of the Court of Justice of the European Union, Mr. Maciej Szpunar, issued a landmark opinion on legal qualification of Uber, the US ride hailing app, claiming that, from the perspective of the EU law, Uber should be characterized and treated as a transport company rather than as a mere information technology provider. The question that was posed to the EU highest court and that, according to Advocate General, needs to be assessed on a rather technical level, deals with Uber’s standing within the EU regulatory framework. Although non-binding, the opinion given by the […]
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Businesses beware – imposing fines of up to 10% of the company’s Serbia-originated annual income in respect to enforcing Data Protection compliance will be one of the measures available to the Commissioner1 as of June 1, 2017, when the new Administrative Procedure Act is set to come into force. The changes to the Administrative Enforcement Procedure are going to allow this Data Protection Authority to enforce its decisions by fining companies in an amount considerably higher than the maximum enforcement-related fine of RSD 200,000.00 (approx. EUR 1,600.00) allowed by the current statute. This means that all companies will, if ordered […]
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On March 29, 2017, the European Commission (“Commission”) officially blocked the third attempt to implement the merger between the London Stock Exchange Group (“LSE”) and Deutsche Börse AG. Said decision created an insurmountable obstacle to further cooperation of the two groups which was aimed at creating a European powerhouse able to compete with strong American and fast-emerging Asian financial markets. The long planned merger was to give rise to the world’s largest exchange by total income, the biggest for equities listings, and to an entity that would control more derivatives trades than any other entity in the world.1 It would […]
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For the second year in a row, the Chillin’Competition conference drew practitioners, scholars and regulators from across Europe with a promise of an unparalleled array of distinguished speakers focusing on the topic of the neutrality principle and its role in competition law. And it certainly delivered! Alfonso Lamadrid, one of the founders of the Chillin’Competition blog (seen giving the opening remarks above), started the conference by stressing the importance of discussing the concept of substantive neutrality, its meaning and the scope of application in different fields of competition law. Keynote Address – Margrethe Vestager Keynote speaker Margrethe Vestager, EC Commissioner […]
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Results of one of the latest surveys recently carried out by British Regus, global work-space provider, have revealed that commuting is being experienced as a time waste for nearly one third of UK professionals, given that it does not fall within their working hours. Said survey led to the actualization of a pivotal judgment rendered by the Court of Justice of the European Union (hereinafter: ECJ) in 2015, according to which such daily journeys undertaken by workers without a fixed or habitual place of work between their homes and the premises of their customers constitute working time. After processing obtained […]
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On February 25, 2016, in the joined cases Promoimpresa srl v Consorzio dei Comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro, Regione Lombardia, and Mario Melis, Tavolara Beach Sas, and Dionigi Piredda, Claudio Del Giudice v Comune di Loiri Porto San Paolo, Provincia di Olbia Tempio (hereinafter: Promoimpresa and others), Mr. Maciej Szpunar, an Advocate General at the EU Court of Justice of the European Union (the “ECJ”) since 2013, produced a nonbinding opinion for the ECJ stating that the European Union (the “EU”) law precludes national legislation under which the period of validity of […]
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On 23 January 2016 the Serbian Government adopted the new Regulation on the Content and Method of Submittal of Request for Issuing of Approval for Proposed Concentration (Official Gazette of RS no. 5/2016 – the “Regulation”) that will be effective as of 2 February 2016. The importance of the new Regulation lies in the fact that it introduces a simplified method for notification of the proposed concentration, harmonizing in that regards the national procedure with the existing EU procedure for notification of concentration. The simplified procedure allows merging undertakings to use a shorter notification form for concentration that are unlikely […]
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The purpose of this brief is to highlight the consequences of the unilateral decision by the state of Croatia, as a member of the European Union, to close its borders for transport coming from Serbia between 17 and 25 September 2015 and to emphasize potential breaches of legal principles the EU has been founded on. We take into consideration the multitude of acts, treaties and agreements which constitute legal sources of the European Union, as well as precedents set by the highest court of the EU, and explore potential avenues for legal redress for those whose interests were harmed by […]
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