We are proud to announce that Gecić Law is the first member law firm and a pro bono partner of the Responsible Business Forum Serbia (Forum za odgovorno poslovanje), an organization founded in 2008 by some of the largest companies in Serbia dedicated to improving the local society through principles of sustainable development. The Forum’s motto is “Better business for better society” while its goal is to empower companies to conduct their business in line with principles of sustainability, responsibility and ethics, and to combine the know-how and the resources to further best business practices which bring measurable and positive […]
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Self-driving cars are almost a century-old dream. Ever since the concept of autonomous vehicles was presented at the 1939 New York World Fair sponsored by General Motors, the industry’s greats have raced to be the first to manufacture a self-driving car. Now, thanks to the development of Artificial Intelligence (“AI”), this dream is ever closer to reality. Self-driving cars – (not) all quiet on the Western front? The US state of Nevada is (in)famous for its casinos, luxury resorts and the showbiz industry. However, Nevada is also known for being among the first to allow (limited) participation of self-driving cars […]
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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 Cue May 6, 2020: Serbia rescinded the almost two-month-long state of emergency and relaxed measures restricting […]
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On May 5, 2020, the Federal Constitutional Court of Germany (“Constitutional Court”) delivered a judgment approving several constitutional complaints. The complaints pertain to the Public Sector Purchase Program (“PSPP”) and allege that it violates the prohibition of monetary financing under Article 123 of the Treaty on the Functioning of the European Union (“TFEU”) and the principle of conferral provided for in Art. 5(1) of the Treaty on European Union (“TEU”). It is important to note that the European Court of Justice ruled on the matter on December 11, 2018, stating that the PSPP did not violate the funding ban. Two […]
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Programming is the creative process of writing a particular set of characters, which, in a certain sequence, is an instruction for a computer to perform a particular action. In order for the computer to “recognize” the instruction, the programmer must be as detailed and precise as possible when writing the specific instruction. A computer program consists of a set of instructions and, consequently, a large number of instructions need to be written. The oldest computer systems were created in the first half of the last century, which were mechanical or electromechanical in type. In order to introduce a new program […]
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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 […]
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On February 1, 2020, a new Trademarks Act („Act“) came into force with a view to addressing shortcomings observed during the application of the previous act, to establish a more efficient system for trademark protection, as well as to align Serbian legislation with the laws of the EU Member States in this field. Placing trademarked goods and services on the market allows the trademark owner to distinguish those goods and services on the market from others that are the same or similar, while simultaneously increasing its responsibility towards consumers. The importance of trademarks calls for an efficient and simple protection […]
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The Economic and Financial Affairs Council (“the Council”) on 18 February 2020 adopted revised conclusions on the EU list of non-cooperative jurisdictions for tax purposes (“the EU list”). The EU list (Annex I) includes non-EU countries or territories which had not made sufficient commitments in response to the EU‘s concerns about taxation arrangements. The State of play section (Annex II) lists the jurisdictions which had responded with sufficient commitments. Therefore, the jurisdictions that do not yet comply with all international tax standards but have committed to reforms are included in Annex II. These countries need to take effective actions to […]
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“Aim to make a difference, a dent in the universe and don’t settle for anything less. Always be innovative and creative – those are the key things that always generate true added value.” This attitude, inspired by the words of the legendary Steve Jobs, is what led Bogdan Gecić, the founder of Gecić Law, to be recently chosen to be one of only 400 members of the prestigious Young Entrepreneurs Council (YEC). The YEC is a global invitation-only, US-based community of entrepreneurs and leaders under the age of 45, who have made major impact in diverse industries and sectors. […]
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On 24 February 2020 the National Assembly of the Republic of Serbia adopted the Registry of Real Estate, Overhead Lines and Underground Ducts (Registration Procedure) Amendment Act (“Registration Procedure Act”). The amendments will enter into force on 3 March 2020, while certain provisions shall apply as from 31 March 2020. The main idea was to simplify the procedure before the Republic Ordnance Survey Authority. A key change concerns Article 39 of the Registration Procedure Act, which now stipulates that service of procedural documents to parties will be effected in the form of an electronic document via single electronic mailbox. If […]
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We are thrilled to announce that TerraLex has launched a new cross-border guides tool that offers clients access to invaluable overviews of various areas of law from multiple jurisdictions, with the ability to compare them. Gecić Law, together with RPC from UK, Schiff Hardin LLP from US, Hylands Law Firm from China, among other selected TerraLex members worldwide, contributed to the creation of these tailored guides. Our leading experts provided input on Serbian legislation for the Pre-Merger Notification, Cross-Border Copyright and Tracing Assets Around the World guides. About TerraLex TerraLex is a worldwide legal network which helps member firms serve […]
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We don our Facebook spyglass once again. However, unlike the last time it was on our radar, Facebook is now a model co-operator. With the goal of putting their products and services on the map, and bringing home the bacon, many users on social media and other online platforms have been involved in trading fake and misleading reviews as a way of reaching their selling point. The thing is, Facebook and eBay users have been using word-of-mouth marketing to go viral. Creating a buzz around your product/service is certainly what sells in this digital age. Good for them! What is […]
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“Saying goodbye to everyone at a party and then proceeding to stick around“ – meaning of Brexiting as branded by the Urban dictionary to describe a specific social faux pas. Though, as of today, it represents an expression not very up-to-date. Namely, Presidents of the European Council Charles Michel and of the European Commission Ursula von der Leyen signed the Agreement on the Withdrawal of the UK. The EU Parliament’s plenary is on the move and will vote on the agreement on January 29. Respectfully, the last step is the adoption by the Council of the reached decision, on behalf […]
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On 1 January 2020, Serbia rolled out its first court electronic bulletin board service, giving enforcement creditors and enforcement debtors online access to orders and other procedural documentation, which the court or public bailiff failed to serve on them personally. The Ministry of Justice of the Republic of Serbia in cooperation with USAID Rule of Law Project has made it possible to post enforcement orders and other procedural documentation online, while also giving parties to enforcement proceedings access to information about their enforcement proceedings. The service of written documents and decisions is a key element of civil court proceedings. Consequently, […]
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It is our great pleasure to announce that our Senior Counsel Ognjen Colić participated in the World Bank’s “Enabling the Business of Agriculture in Serbia 2019” by providing the World Bank’s Agriculture team with responses to an exhaustive legal questionnaire addressing key legal matters for businesses and individuals intending to invest in or expand their investments in agriculture in Serbia. As a token of appreciation of Ognjen’s contribution to the project and the Serbian agriculture law expertise he and his team provided, he has been enlisted by the World Bank as one of a select few local agricultural law experts. […]
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The Endowment of the great Serbian national benefactor, Nikola Spasić, maintains a long-standing tradition of financially rewarding the best students from the Faculty of Medicine and Faculty of Agriculture in Belgrade. In 2019, the Endowment donated approximately €300,000 to charity. A total of 13 students with outstanding grade averages from the Faculty of Medicine and Faculty of Agriculture were awarded. Congratulations to all the award winners, and kudos to the Nikola Spasić Foundation Board for this exceptional charitable gesture. About the Nikola Spasić Endowment Nikola Spasić was a prominent Serbian businessman of the 19th century, President of the Belgrade Stock […]
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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 […]
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The National Bank of Serbia is making inroads into harmonizing local legislation with European Union (“EU”) legislation, especially into amending regulations governing the operation of banks and other financial institutions. The European Commission (“EC”) adopted a decision of importance for the Republic of Serbia, which was published on 18 December 2019 in the Official Journal of the EU. Serbia’s push to amend the regulatory and supervisory framework concerning banks’ operations and in particular to amend anti-money laundering and terrorist financing regulation has borne fruit and is a step in the right direction for building a stable financial system. This decision […]
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Serbia’s Parliamentary Committee on Finance, State Budget and Control of Public Spending held a public hearing yesterday, December 3, 2019. Among the items on the agenda was the shortlisting of candidates for election to the State Aid Commission’s new Council and election of the Commission’s chairperson. Incumbent chairperson of the Commission, Vladimir Antonijević, was nominated for reelection to another five years in office, whereas other nominees for Council membership include Marko Vidaković, Ljiljana Blagojević, Dragan Đurđević, and Dušica Đorđević. In the light of the recently enacted new State Aid Act, on which draft we provided proposals in the course of […]
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Gecić Law assisted GORENJE doo gospodinjski aparati, Slovenia, as local legal counsel, in the acquisition of GORENJE TIKI doo Stara Pazova, Serbia by Swedish NIBE Industrier AB. Katja Zdolšek of Zdolšek Attorneys, Slovenia, led the advice. Gorenje Tiki is Gorenje’s Serbian affiliate and is proud to be one of Europe’s main water heater producers. Author: Ognjen Colić
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We all love to see the famous musketeer whoop, as a true stalwart of modern society. Notwithstanding a reality check which may be otherwise, it does not necessarily mean that society is not continually aiming to reverse such “otherwise” state of affairs. Is it really: every man for himself and the Devil take the hindmost? … even before the eerie courts? Well, fortunately not always. Casting an eye over justice systems around the world, one bumps into something called class action, or collective redress. In common law systems, with the United States as their standard-bearer, class action is currently in […]
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It is our great pleasure to announce that our Senior Counsel Ognjen Colić will be a panelist at the Winter Vivaldi CFO & LEGAL Forum, which will take place from 27th to 29th November 2019 in Mokra Gora. This year’s Forum will focus on Financial and Legal Security topics. Speakers and panelists of various profiles and industry sectors will present some of the major challenges and risks faced by companies. Ognjen Colić will participate in the closing panel discussion named “How to Avoid the Balkan Spy Scenario”*, where alongside other colleagues from the legal sector he will take an in-depth […]
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The International Labor Organization Convention No. 181 on Private Employment Agencies, dating back to 1997, as one of the main reasons for passing the Convention cites recognition of the role of private employment agencies in the functioning of the labor market, as well as the need to provide employees with protection from abuse and guarantee freedom of association and enhancing social dialogue. On 20 February 2013, the National Assembly of the Republic of Serbia adopted legislation ratifying the Convention, bearing in mind that strengthening social dialogue at all levels is, inter alia, one of the requirements of Chapter 19 (Social […]
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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 […]
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Alea iacta est! Serbia is in line for a new State Aid Control Act. Ten years ago, when enacted, the first (and still the only) act was welcomed as a long-awaited and indispensable piece of legislation. Today, and following ten-years’ implementation, we are about to get a new one. What lessons have we drawn from implementation of the current act (apart from the fact that we need a new one)? The reasons for adopting a new act, according to its drafters, are as follows: Harmonization with the EU acquis – Well, that’s a turn-up for the books! Can you think […]
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Every country in the world strives to attract as much foreign investment as possible. And when it comes to foreign investment, greenfield foreign direct investments are where it’s at. “Ah, yes, greenfield investments…yup, they’re great…nice…and green…like dollars…alright, I’ve no idea, enlighten me! someone may say. Greenfield investments (GI) refer to a type of foreign direct investment (FDI) where a parent company establishes a subsidiary in a foreign country, building its operations and facilities from the ground up, which includes the building of new distribution hubs, offices and living quarters. This kind of investment is riskier and calls for a heavy […]
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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 […]
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“I want to get away, I want to fly away”, Lenny Kravitz sang. Ok Lenny, but which airline will you choose? The cheapest one? Way to go! But let’s check something first. Have you noticed the disparity in ticket prices between EU and non-EU airlines, which in turn has a knock-on effect on who you chose to fly with, Lenny? Oh, so, you haven’t noticed? Who cares, right? You usually take to the skies in your private jet so matters as trivial as these don’t concern you. Well, guess what Lenny – THE EU CARES! Aviation is widely regulated throughout […]
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Gecić Law has been highly commended, taking second place in all of Europe in the “European competition or anti-trust deal of the year” category at The Lawyer European Awards 2019 held in London. The awards and recognitions are bestowed on Europe’s preeminent law firms for their accomplishments in the legal industry, and the 2019th edition celebrated the 10th anniversary of this prestigious annual awards ceremony. The Gecić Law team, headed by Bogdan Gecić, was recognized at the awards ceremony for its work in successfully advising and representing Serbia in landmark antidumping proceedings against Serbia before the European Commission. The proceedings […]
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Gecić Law is delighted to announce yet another commendation by The Legal 500 EMEA, one of the most eminent and prestigious directories of the legal world. Our Banking & Finance practice continues its bullish run to the national top. Its head Nikola Aksić was named to the guide’s “Leading Individuals” elite list of outstanding lawyers in the country, only one year after being recommended by the guide. The practice also went up in the overall rankings, securing a Tier 2 recognition. And we haven’t stopped there. Our Corporate/M&A practice is not lagging behind. The practice head Ognjen Colić […]
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General Data Protection Regulation (GDPR) is currently a global hot topic – and for a good reason. It practically revamps the legal framework concerning Data Protection rules, introduces a whole set of new obligations while imposing massive fines for non-compliance. While the GDPR came into the force recently, it is no surprise that many are worried how it will affect their organizations as the legislation, under certain conditions, is to be applied worldwide —both inside and outside of the EU. Given that compliance with the GDPR will be no mean feat, requiring vast amount of time and resources, no matter how […]
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Gecić Law successfully represented the Bar Association of Serbia in a positive resolution of a landmark antitrust probe in Serbia (link). On May 24, 2018, the Serbian Commission for Protection of Competition, the national competition authority (“Commission”) dropped a four-year antitrust investigation into the Bar Association of Serbia – Advokatska komora Srbije (“AKS”), without taking any further action (link). The Commission’s decision puts to rest one of the longest standing investigations in recent history against AKS, a more than 9000-lawyer strong organization and one of the largest bar associations in the Balkans. In 2014, the Commission opened a probe against […]
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What exciting few days at the Terralex’s Global meeting in Barcelona, Spain! We are happy to report that Gecić Law was part of this premier and unforgettable event of leading legal professionals from around the globe organized by TerraLex, the world’s leading international legal network. Adding to the excitement was the fact that TerraLex was recently awarded Global Network of the Year at The Lawyer’s annual European Awards in recognition of its member’s commitment to innovation and collaboration (Gecić Law was also shortlisted). Coordinated with the gracious host, impressive Spanish firm of Roca Junyent, the event took place over four […]
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GECIĆ LAW RECOGNIZED AGAIN AS TOP TIER LAW FIRM BY LEGAL 500 We are proud to announce that Legal 500, the prestigious UK-based guide to the world’s best law firms, has ranked Gecić Law for the second consecutive year as a Top Tier firm in Serbia in its EMEA guide for 2018. The firm’s practice in the field of Competition Law has been ranked as Tier 1, while the Commercial, Corporate and M&A practice maintained an enviable Tier 2 amongst fierce competition of traditional market incumbents. Furthermore, for the first time this year, our dynamic Banking & Finance practice was […]
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A testament to human rights safeguards or show of a deeply flawed system? Summary Gecić Law successfully assisted EPS Distribution, the leading regional distribution operator, in obtaining a landmark judgement from the Administrative Court that annulled the RSD 330 million fine (cca. EUR 3 million) previously levied against this company by the Serbian watchdog. The court confirmed that the record fine was imposed in violation of the basic principles of national and EU competition law, as well as ECHR guaranteed human rights. After a long and tumultuous battle, which took years and a total of three judgements, EPS Distribution finally […]
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In our previous piece (link), we discussed the relationship between IT companies and developers in the field of material copyrights over computer programs (“software”) in context of commercial usage of software by IT companies. However, the relationship between IT companies and developers in the field of copyrights might be of particular importance when it comes to amendments, adaptations, adjustments and other changes to the software as a copyrighted work. Namely, IT companies often modify, customize, upgrade and/or update software developed by their employed developers and/or external developers, or deliver the subject software to their clients for further modifications, customizations, adaptations, adjustments and […]
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Law is not a perfect system. In other words, given that the legislation of any given country is tasked with regulating a vast and varied specter of areas, it not uncommon for issues to surface that either are void of regulation, or governed by a multitude of rules at once, albeit differently. Namely, applying rules to particular “real-life” situations may unearth certain issues that are not regulated clearly enough i.e. that are disputed, while some of them snowball due to the frequency with which they arise. Undoubtedly, one such issue is the right of legal entities to compensation of non-material […]
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We are excited to announce that Gecić Law, contributed to the first-ever Serbia chapter of the Transnational Litigation Guide, December 2017 update. Published by Thomson Reuters, the most recent guide offers comprehensive overview and detailed analysis of litigation procedure as well as insight into the tactical, substantive and procedural issues of Serbian litigation system along with more than 27 other major legal systems. Authored by Ognjen Colić and Jovan Rajković, senior counsels at Gecić Law, the Serbian chapter includes detailed information and insights into Serbian litigation rules and covers topics such as: structure of courts, obtaining jurisdiction and choice of forum, […]
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Over the past decade, Serbia witnessed an unprecedented growth of its IT/ICT market, becoming one of the most attractive outsourcing and R&D destinations in Eastern Europe (link). Key players such as Microsoft, Adobe, Oracle, Google, HP, SAP, IBM, Siemens, Intel, Cisco, NCR Corporation, Telenor, Erickson, Endava and others grabbed this opportunity, either by establishing development centers in Serbia or outsourcing services to local IT companies. This resulted in two prevailing models – providing services through employed programmers/system architects/etc. (“developer/s”), or by engaging external developers (primarily registered entrepreneurs), a rather novel development. Because software may, as an original intellectual creation, represent […]
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Following almost 12 months of meticulous research, grueling screening processes, and a series of elaborate meetings and interviews, Gecić Law is excited to announce it has become the exclusive Serbian partner of TerraLex, the world’s leading international legal network and member of The Elite (Band 1) in the Chambers & Partners leading law firm networks global-wide rankings. We are incredibly grateful that TerraLex recognized our quality, reputation, international experience, and dedication to excellence in law practice. This extensive network spans over 100 countries worldwide and provides full-service assistance to clients through its 17 practice groups. As part of the TerraLex global […]
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Another year, another Chillin’Competition Conference Imagine for a second a conference where a bunch of “suits”, seasoned scholars and world-recognized experts & regulators spend an entire day laughing, exchanging quips & smug comments and trading Ryan Gosling and SpongeBob SquarePants inspired meme mugs. Well that’s exactly what happened when over 350 scholars and practitioners of law & economics came together on October 25, 2017 at the Area 42, the “MOST WOW!” venue in Brussels. Alfonso Lamadrid de Pablo and Pablo Ibañez Colomo, the driving force behind Chillin’Competition blog, world’s favorite source for the latest and greatest in competition law, have once again […]
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The Act on Amendments and Supplements to the Companies Act represents one of the largest, if not the largest legislative development expected in Serbian law in 2017. As the public debate on the subject changes came to a close recently, it is expected these revisions will be subject to the parliamentary procedure very soon. Among the proposed amendments and supplements—which have a two-fold aim, i.e. harmonization of domestic law with requirements from the Chapter 6 (Companies Law) for accession to the European Union and Serbia’s progress on the World Bank’s Doing Business List—are those concerning status of minority shareholders of […]
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It is our great privilege and pleasure to announce that Ms. Vesna Živković, a senior at the University of Belgrade, Faculty of Law business law concentration, has been selected as the winner of the second Taboroši Scholarship for the academic year 2017/2018. We would like to use this opportunity to sincerely congratulate Vesna as well as to thank all candidates for their participation and submissions of enviable quality. We are truly pleased with the number of submissions and are certain that Taboroši Scholarship will, in the years to come, motivate an increasing number of students of the business law module […]
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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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Gecić Law acted as legal counsel to the Government of Serbia and the Železara Smederevo steel mill with respect to an European Commission (EC) investigation on the historical State aid received by the old company, and the potential responsibility of Hesteel Serbia to reimburse it, under the Stabilisation and Association Agreement (SAA). On Wednesday, November 8, 2017, Johannes Hahn, Commissioner for European Neighborhood Policy and Enlargement Negotiations, informed the Prime Minister of the Republic of Serbia, Ana Brnabić, that the European Commission concluded that “the HeSteel-owned steel mill does not have to reimburse any state aid received in the past” (link). […]
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A series of interesting developments, unorthodox actions and landmark decisions surrounding the Serbian Protection of Competition Act that took place in recent months seem to be approaching its final resolution in the form of a brand new competition act that will enhance market competition and at the same time protect companies’ human rights. As this peculiar story approaches its final chapter, we analyse the chronological developments and measure expectations on a potentially milestone development for both Serbia, the region and the European antitrust discourse as a whole. The Uprising The first signs of what was to come happened in late […]
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On October 17, 2017, National Parliament of the Republic of Serbia adopted the Act on Electronic Document, Electronic Identification and Trust Services in Electronic Business (the “Act”), which comes into force today, and thereby replacing the current regulations on electronic business, i.e. Electronic Signature Act and Electronic Document Act. The Act represents another step forward with planned and ongoing process of digitization and modernization of public administration in general, providing citizens and business entities with a simpler approach to services of public authorities, i.e. a faster, cheaper and more efficient business performance. A change of current practice, with high number of […]
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About the Scholarship The Taboroši Scholarship is established in memory of Professor Svetislav Taboroši, by family and former students who have been inspired by the Professor’s work and dedication to academic research and innovative problem solving in the practice of business law. A brilliant teacher and scholar, Professor Taboroši strived to educate his students on the most recent trends in legal academic thought and the importance of critical thinking in academic and professional analysis of international law & economics. The Scholarship is awarded annually to a student of the senior year at the University of Belgrade, Faculty of Law who, […]
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Photo courtesy of Aleksandar Milutinović, photographer On October 4, 2017, the Bar Association of Vojvodina (BAV) held a panel in Novi Sad (city known as Serbian Athens) on the topic, “The proceedings of the Commission for Protection of Competition (Commission) against the Bar Association of Serbia (BAS), possible implications for the BAV and constitutional challenges against the Protection of Competition Act”. The speakers on this complex and news-worthy topic were Isidora Nikolić Savin, attorney and specialist for civil and EU business law, and Bogdan Gecić, partner at Gecić Law. Great attendance and interest by attorneys and associates specialized in various fields […]
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Although it seemed that the tension over Lex Agrokor had somewhat calmed down—and that Mr. Ante Ramljak, in the capacity of extraordinary administrator by the Croatian Government, will lead the Croatian company in the forthcoming period—the public has been alarmed by the recent announcement by ex-owner, Mr. Ivica Todorić. On his personal blog, which was visited by more than 180,000 readers in the first 24 hours, Mr. Todorić, in a series of articles, criticizes the conduct of the Republic of Croatia (RC) and points to the unconstitutionality of Lex Agrokor. The Constitutional Court of the Republic of Croatia (“Constitutional Court”) […]
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The trust buster himself, President Theodore Roosevelt, looks on as a trust is squeezed by Treasury Secretary George B. Cortelyou Illustration by Udo J. Keppler, courtesy of Library of Congress In 2015, Professor Dijana Marković Bajalović, one of the founders and renowned presidents of the National Competition Authority (NCA), and the country’s most respected trust-buster – during her tenure at the NCA, Professor Bajalović took on Delta, for the illegal takeover of C Market, and other major incumbents, a feat unheard off at the time (and was eventually removed from office in 2010) – along with others, filed a constitutional challenge […]
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We want to kindly thank CorD Magazine for the recent interview of Bodgan Gecić published today, in their October 2017 issue (link). Some of the questions posed in this interview include: what are the challenges of building a creative law firm in Serbia and the West Balkans, and innovating in a profession viewed by many as traditional; what are the major legal & business challenges ahead during the course of Serbia’s EU accession negotiations; and how we as a firm give back to the community with our pro bono work, our scholarship and counseling students regarding application to US universities. […]
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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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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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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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On 29 May 2017, the Serbian Competition Commission initiated ex officio proceedings for the alleged abuse of dominance against Frikom, the largest producer of frozen food in Serbia. The day following the initiation of proceedings, a dawn raid at Frikom’s business premises was carried out. Frikom’s abuse of dominance history This is not the first time the Serbian National Competition Authority (NCA) initiated a proceeding against Frikom. In 2012, the NCA found that Frikom abused its dominance in the wholesale market of industrial ice-cream by engaging in vertical price-fixing, imposing exclusivity on retailers (either through explicit exclusivity clauses or through […]
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One of the amendments to the Serbian Criminal Code (the Code) that will take effect on 1 March 2018 is a new criminal offence for restrictive agreements. Antitrust law has been criminalized in Serbia for decades. So what may be the underlying intention behind these new amendments? In one word: Focus. The Code does away with abuse of dominance and targets only restrictive agreements. But it does not stop there. The new provision is not only narrower than its predecessor but also than the general prohibition on restrictive agreements found in the Serbian Act on Protection of Competition (the Competition […]
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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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In the last 10 days of May 2017, the Commission for Protection of Competition of the Republic of Serbia (hereinafter: the Commission) has decided to roll up its sleeves and put a number of companies suspected of committing competition violations on its conveyor belt. Unusually high number of unannounced inspections – conducted at the premises of B2M d.o.o., Grafo Trade d.o.o., Trgodunav d.o.o., Master Clean Express d.o.o., AD HI Panonija and Frikom d.o.o. – begs a question, why now? By way of comparison, the Commission has used its powers to carry out dawn raids on business premises only six times […]
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During the first quarter of 2017, the Serbian Commission for Protection of Competition of the Republic of Serbia handed down a number of decisions in different areas of competition protection and recognized the necessity of conducting analyses of vital sectors such as telecoms, oil products and oil-derivatives: Restrictive agreements. The Commission decided to investigate a close collaboration between two large players on the oil products market in Serbia. On March 13, 2017, the Commission fined two direct competitors – Victoriaoil and Vital – for entering into a mutual cooperation agreement under which Vital agreed to outsource production and packaging of […]
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Over 160 Esteemed Guests Gathered in Belgrade to Mingle, Sightsee and Discuss Food Law Gecić Law is proud to announce the completion of one of the most prestigious gatherings of legal professionals in Belgrade in recent history, bringing together high-profile individuals and young leaders in politics, business and innovation. Coordinated with the Harvard Law School Association of Europe (HLSAE), the 2017 reunion in Belgrade coincided with the Bicentennial Celebration of Harvard Law School (HLS) and took place over four days, from May 25 through May 28, 2017. The event included the myriad of activities showcasing Belgrade as one of Europe’s best-kept […]
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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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Gecić Law is proud to sponsor this year’s annual job fair organized by Belgrade’s group of the European Law Students’ Association (ELSA) at the University of Belgrade, Faculty of Law. This year’s event “Lawyers at Work” with the theme “Choose Your Career” will be held from May 9th until May 11th, 2017. Please feel free to visit our booth from 11:00-15:00 each day and bring your questions and CVs. Additionally, Bogdan Gecić, partner at Gecić Law will be discussing his professional experience at the closing session along with other panelists. This session focusing on law profession and career will be […]
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On April 27, 2017, Advocate General of the Court of Justice of the European Union (“CJEU”), Ms. Juliane Kokott, issued an opinion stating that not every creation of joint ventures ought to be under control of the European authorities: only formation of those joint ventures which are to be entirely autonomous, full-function entities should be subject to the official scrutiny. As per words of the opinion’s respected author, said issue, although technical in essence, holds a “practical significance” for national and European watchdogs on the one hand, and market undertakings, on the other, given that it tackles the matter of interpretation […]
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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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MARKET DISRUPTOR – THE YOUNGEST LAW FIRM TO ACHIEVE A TIER 1 RANKING We are proud to announce The Legal 500 EMEA 2017 annual rankings of the premier law firms in Serbia are published and Gecić Law was awarded the coveted ‘Top Tier’ status, granted to firms that achieved Tier 1 ranking in a particular practice. The firm ranked Tier 1 in the field of Competition Law and the firm’s Commercial, Corporate and M&A practice was ranked Tier 2. These rankings represent an unprecedented achievement, especially given the fact that we are the youngest law firm in Serbia to receive a […]
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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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On January 30, 2017, the German competition authority (Ger. Bundeskartellamt) has decided to give final clearance to the implementation of the plan previously announced by two carriers, Lufthansa and airberlin, directed at the wet-lease of 38 aircrafts for the period of six years. Under the current state of affairs, there are no firm grounds for the subject agreement to be prohibited, since, as it was emphasized by Bundeskartellamt, it was not proven that it would in fact result in an actual distortion of competition. In this context, apart from reaffirming the need for a presumption of competition violation to be […]
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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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It is our great pleasure to announce that Colić Law Office, a boutique law firm focusing on corporate / M&A and litigation, has joined Gecić Law. A joining of two extraordinary teams with shared values and culture, with complimentary practice strengths will enable us to provide a new and broader set of services to our clients. Ognjen Colić, who will assume the position of the Head of Corporate practice at Gecić Law commented: „With this step, we have set out to create an empowering platform to provide even more custom-tailored and innovative solutions. This will allow us to push the […]
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McDonald’s might be the next company facing the obligation to pay back taxes, only this time to Luxembourg, in the amount of approximately $500 million, according to Financial Times estimates. In December 2015, the European Commission has opened a formal investigation of Luxembourg’s tax treatment in case of McDonald’s. It held a preliminary view that “a tax ruling granted by Luxembourg may have granted McDonald’s an advantageous tax treatment in breach of EU State aid rules.”1 The Commission is yet to render a decision that would conclude said formal investigation against American fast food giant and contain its final judgment […]
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About the Scholarship The Taboroši Scholarship is established in memory of Professor Svetislav Taboroši, by family and former students who have been inspired by the Professor’s work and dedication to academic research and innovative problem solving in the practice of business law. A brilliant teacher and scholar, Professor Taboroši strived to educate his students on the most recent trends in legal academic thought and the importance of critical thinking in academic and professional analysis of international law & economics. The Scholarship is awarded annually to a student of the senior year at the University of Belgrade, Faculty of Law who, […]
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“The European Commission has concluded that Ireland granted undue tax benefits of up to €13 billion to Apple [the biggest tax bill ever imposed outside the US]. This is illegal under EU state aid rules, because it allowed Apple to pay substantially less tax than other businesses. Ireland must now recover the illegal aid [indirect subsidies].“1 Following an in-depth state aid investigation of the “sweetheart fiscal deal” between Ireland and Apple, the European Commission has concluded that Apple received illegal tax benefits from Ireland through a favorable tax arrangement selectively provided to this company for a number of consecutive years. […]
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Gecić Law is pleased to announce that our office has moved to a new address: Nikole Spasića 2 11000, Belgrade Hope to see you soon! *All of the Firm’s other contact information will remain the same.
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At a recently held conference in Singapore the Director of the Cartels Directorate of DG Competition of the European Commission (the “Commission”) addressed the issue of investigative powers of the Commission and collection of evidence during dawn raids. In particular, they emphasized that the Commission has to “keep up with the technology” in order to effectively combat illegal price fixing and market sharing. According to him, that could be achieved by finding ways to collect data from online social networks so to determine whether individuals are involved in infringement of competition rules. In that respect, it was emphasized that the […]
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Gecić | Law advised Železara Smederevo and the Government of Serbia on EU, regulatory and corporate matters in connection with the €46 million ($52 million) sale of assets of Železara Smederevo’s through a public tender procedure to the Chinese company Hebei Iron and Steel Company Limited (HBIS). Under the transaction, HBIS pledged to invest at least $300 million in a new company and to utilize the acquired assets to develop its global layout and to provide better service for its customers in Europe. Leading Serbian Steel Manufacturer Železara Smederevo is Serbia’s leading producer of steel and is the second-largest Serbian […]
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The market for the distribution of airline tickets has recently come under the examination of the European Commission (the “Commission”). Upon receiving the formal complaint from the European Technology and Travel Services Association (the “ETTSA”)1, the Commission has sent questionnaires to carriers, travel agents, online reservation sites and global distribution systems asking for the information on exact contract terms and conditions between airlines, travel agents and computerized reservations systems. The main issue that should be determined is whether airlines are impacting customers to book tickets on their own websites rather than using travel agencies and other available computer reservation systems […]
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As announced by one of our previous publications, the new rules on personal data protection were adopted at the European Union (“EU”) level on April 14, 2016. Referred to as “the culmination of over four years of hard work” in the joint statement of the European Commission (“Commission”) First Vice-President, Vice-President in charge of the Digital Single Market and Commissioner for Justice, Consumers and Gender Equality, the new policy aims to extend the citizens’ right to personal data protection, enhance legal certainty for businesses by unifying the regulation within the EU and allow for improved cooperation of Member States’ criminal […]
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On 29 February 2016, the Serbian Parliament adopted the new Act on General Administrative Procedure (the Act), which came into effect on 9 March 2016 and will be enforced as of 1 June 2017, save for certain provisions which will come into effect on 7 June 2016. This is a completely new piece of legislation which will bring significant changes in the field of domestic administrative law. Therefore, a short summary of the most significant provisions of the Act is provided hereafter. The scope of the Act has been significantly extended so as to govern the actions of authorities as […]
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The French Court of Cassation, the highest court in French judiciary, referred to the Court of Justice of the European Union (the “ECJ”) for the preliminary ruling certain questions related to interpretation on the intersection between farm policy in France under the Common Agricultural Policy (the “CAP”) and the EU antitrust legislation. The referral stems from the 2012 case in which the French Competition Authority fined 10 growers of endives and seven associations in France with more than 4 million euros for price fixing, managing volumes of endives put on sale and exchange of information. Namely, according to the Article […]
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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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After the European Commission (the “Commission”) by its decision from 5 October 20141 imposed a fine of more than 38 millions of euros on Slovak Telekom for the abuse of its dominant position on Slovak market for broadband services, Slovak Telekom has come to face damage claims from mobile operators Orange Slovensko and SWAN. The said operators claimed damages they allegedly suffered before Bratislava court, in the amount exceeding 280 million euros on the grounds of the said Commission’s decision that found Slovak Telekom has abused its dominant position. By the same 2014 decision of the Commission, Deutsche Telekom was […]
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On 11 February 2016, the Serbian Commission for the Protection of Competition (the “Competition Commission”) published on its official website the Guidance Concerning Requests for Individual Exemption (the “Guidance”). The overall message the Guidance sends can be seen as a warning that Competition Commission will no longer tolerate delays in notification of restrictive agreements – the deadline for such notification is immediately, otherwise annulment and fines may be incurred. Namely, the Competition Commission, having in mind frequently asked questions in its everyday practice, concluded that it should provide more detailed information regarding the notifications of restrictive agreements. In particular, as stated […]
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A race to the bottom is a socio-economic phrase used to describe a situation in which countries or companies try to compete in order to attract and retain economic activity and the latest data from the Center for Economic Analysis (CEA) in Macedonia suggests that the country is pushing the envelope on its regional counterparts. CEA recently published that seven companies doing business within Macedonian technological industrial development zones have have been granted a total of 56 million euros in state aid. In certain cases, the state aid granted amounted up to 47% of overall value of the investment. Vesna Garvanlieva, CEA […]
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On 1 February 2016 the European Free Trade Organization (“EFTA”) Surveillance Authority has sent a Statement of Objections to Telenor over the possible breach of EEA competition rules in Norway. Telenor now has until 11 April to claim its position regarding the received antitrust charge sheet. Namely, the EFTA Surveillance Authority suspects that Telenor may have abused its dominant position in Norway, by obstructing competitors in three markets related to the provision of mobile communications services to Norwegian users: the market for wholesale mobile access and origination services, the market for mobile broadband services to residential customers, and the market for […]
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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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On 29 December 2015 Serbian Parliament amendments to the Agricultural Land Act (the “Act”) and with the changes effective as of 7 January 2016. The amendments primarily focus on introducing new ways in which to manage and dispose of state-owned agricultural land. The key changes are: revision of the conditions for exercising the right of first refusal, establishment of the right of priority lease of agricultural land, modifications regarding lease and use rights, use without reimbursement, and disposal of state-owned agricultural land. 1. The right of first refusal can be exercised as part of the specific procedure, which local self […]
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We are very pleased to announce that Gecić Law contributed the first-ever Serbia chapter for The International Comparative Legal Guides to Cartels & Leniency. The publication comes at a defining moment in terms of antitrust enforcement in Serbia as the Commission for Protection of Competition (the “Competition Commission”) conducted a number of dawn raids in two ongoing investigations in 2015. This was the first time the Competition Commission invoked such investigative powers since it was established in 2006. We have already published a short guide on dawn raids, available here, in the light of the aforementioned developments, and a standalone piece on […]
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The Commission for Protection of Competition (the “Commission”) opened an ex officio procedure against Philip Morris Services (PM), British American Tobacco South East Europe (BAT), JT International, Imperial Tobacco SCG, TDR1, and Monus, as announced on 1 December 2015.2 This followed two dawn raids against PM and BAT. As indicated in the decision3, the Commission suspects that undertakings involved concerted in order to align their pricing policies for factory manufactured cigarettes, thereby violating Article 10 of the Competition Act (a provision prohibiting restrictive agreements, and mirroring, to considerable extent, Article 101(1) of Treaty on Functioning of the EU – TFEU). This is the first […]
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In line with the action plan included in the non-performing loan resolution strategy (“NPL Strategy”), the Serbian Parliament passed amendments to the Voluntary Financial Restructuring Act (“the Act”) on 23 October 2015. The law entered into force on 4 November 2015 and will be enforced as of 2 February 2016. Pending financial restructurings will continue in line with the provisions of the Act. The changes the Act introduces may not be monumental, but legislators expect they will contribute to developing a more favorable economic environment in the country. It remains to be seen how the Act is going to be […]
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On December 7, 2015 the European Commission (EC) adopted a new Aviation Strategy for Europe that “will enable European aviation to flourish globally.” The EC framed an all-inclusive policy encompassing the entire EU aviation ecosystem. The new Aviation Strategy contains a list of priorities geared towards making the EU a leading stakeholder in international aviation by tackling restrictions on growth both in the air and on the ground, promoting EU safety and environmental standards globally, and by advancing carbon neutral growth through innovation, digital technologies, and investments. The claimed added value of the Aviation Strategy is that it provides […]
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We are pleased to announce that our partner Bogdan Gecić together with Dr. Tatjana Jovanić, an associate professor at the University of Belgrade Faculty of Law, co-authored the Serbian chapter for Legal Aspects of Doing Business in Europe – Second Edition. The chapter provides a comprehensive overview of most important legal aspects for both domestic and foreign investors and businesses in Serbia. The chapter provides an in-depth analysis of the following topics: Enterprises: Establishment, Acquisition & Bankruptcy Customs Regulation Investment Incentives and Currency Regulation Competition and Market Regulation Intellectual Property Employment Banking The edition is published by Juris Publishing, Inc., a full-service […]
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As of July 28, 2015, a relatively new piece of real estate legislation, regulating conversion of right of use into ownership right on construction land, came into force (the “Conversion Act”). The Conversion Act creates possibility for certain, strictly itemized entities (e.g. privatized entities, holders of right of use on the land previously acquired for specific development, sport organizations, public enterprises, entities subject to bilateral succession treaties) to convert right of use into ownership right in exchange for compensation fee payment. Such fee equals the market value of the land, providing that holders are registered with the Real Estate Cadaster […]
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