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Investing in the Slovenian Automotive Production Industry
Karanovic & Partners, June 2019

This article was written by Igor Angelovski and was originally published in Issue 6.2 of the CEE Legal Matters Magazine. “If you are a company conducting business in the automotive industry with intentions of expanding on the European market, where do you look? The answer may be the Central European country of Slovenia...

Welcome to the Slovenian Legal Market
Karanovic & Partners, June 2019

This article is written byMarko Ketlerand originally published in Issue 6.4 of theCEE Legal Matters Magazine.   After a few troublesome years during the global financial crisis, it seems like Slovenia is on a positive economic route again. On December 14, 2018, S&P Global Ratings affirmed an “A+/A-1” credit rating for Slovenia with a positive outlook...

Use of a Feed-In Premium for Photovoltaic Electricity
Karanovic & Partners, June 2019

The Government of North Macedonia announced an open call for awarding a contract for the use of a feed-in premium for electricity produced in photovoltaic power plants (“PVPPs”) on state land in North Macedonia, with total installed capacity of 35 MW. Two locations are envisaged for construction of the PVPPs – Azambegovo (Sveti Nikole) and Manastirec (Makedonski Brod)...

What to Watch Out For in Case of a Hard Brexit and ZUVIZK
Karanovic & Partners, June 2019

The European Commission consistently emphasises the citizens’ rights and status in its hard Brexit preparations and contingency works. It appealed to EU Member Stats to take a generous approach towards the rights of UK citizens in the EU, given that the UK reciprocates such an approach...

GDPR Breach: Google Fined EUR 50 Million
Karanovic & Partners, January 2019

The US tech giant, Google is fined EUR 50 million by France's data protection regulator, CNIL, for failing to comply with its General Data Protection Regulation (GDPR) obligations. This is the biggest GDPR fine yet to be issued by a European regulator and the first time that one of the tech giants has been found in breach with the new regulations that came into force in May 2017...

Serbia: The Registration Of Ultimate Beneficial Owners
Karanovic & Partners, January 2019

As of 31 December 2018, the Central Registry of Ultimate Beneficial Owners was established within the Serbian Business Registers Agency (the “Registry”), in line with the Law on Ultimate Beneficial Owners (“Official Gazette of the RoS no. 41/2018). In addition, the Ministry of Economy issued guidelines which provide more information on the implementation of certain aspects of this Law (the “Guidelines”)...

Serbia Enacts a New Data Protection Law
Karanovic & Partners, November 2018

In light of the new EU data protection scheme, shaped by the GDPR, Serbia has enacted a new Data Protection Law earlier this year, with its' applicability postponed for 21 August 2019. The new law was long-awaited: it has been 10 years since the existing law was passed, which was even at that moment already outdated (e.g. it recognized only consent in the written form and almost completely restricted data transfers to non-European countries)...

Mixed-Use Hotels - Montenegro Takes A Step Forward in Luxury Hotel Development
Karanovic & Partners, August 2018

Over the years, Montenegro invested significant efforts in the development of the tourism industry, and one could say that it is steadily becoming a go-to destination for those seeking an ultimate luxury Riviera lifestyle. The recent steps taken by Montenegrin legislators show that international trends are well received and recognized by local authorities, this time through the implementation of a new hospitality model – the mixed-use hotel...

A Losing Battle:The Legal Saga of KitKat's Trademark Shape
Karanovic & Partners, July 2018

Earlier this year, the European Court of Justice ("CJEU") has thrown out an appeal by Nestlé, which argued that it owns the shape of its famous treat KitKat. Nestlé, the world's largest food and beverage company, has spent more than a decade fighting to trademark the four-fingered wafer shape. However, EJC's most recent ruling could bring an end to the snack's protected European status...

Novelties to the Croatian Capital Markets Regulation
Karanovic & Partners, July 2018

The Croatian Parliament adopted the new Capital Markets Act in order to align the Croatian legislation with the EU acquis. The act adjusts the Croatian legislation with the cornerstone of EU's financial markets regulation - the Directive on Markets in Financial Instruments repealing Directive 2004/39/EC and the Regulation on Markets in Financial Instruments, commonly referred to as MiFID II and MiFIR...

Changes in Serbian Employment Legislation 2018
Karanovic & Partners, July 2018

The beginning of the summer brought amendments to several employment-related laws. The most notable changes are presented below: The Law on the Employment of Foreigners The duration of the labour market test– The labour market test within the work-permit acquisition process (through which the National Employment Service examines whether there are any Serbian citizens suitable for the vacant position), is shortened to 10 days, having previously lasted one month...

Serbia Amends Company Law
Karanovic & Partners, June 2018

The Serbian Parliament adopted amendments to the Serbian Company Law (Law), and they were published in the official journal on the same date. This is the first overhaul of the Serbian Company Law since it was enacted back in 2011. Most of the amendments relate to the introduction of the concepts required for Serbia's accession to the EU (such as cross-border merger and European company forms)...

Geographical Indications Of Origin In Serbia: Where The Past Fuels The Future
Karanovic & Partners, June 2018

Geographical indication of origin, this very peculiar form of industrial property protection, has undergone a revival phase over the past few years, thus becoming more omnipresent not only within the circles of interest, but also amongst the Serbian public at large. Although, up to this day, there are only a few dozen geographical indications of origin registered before the Serbian Intellectual Property office, for a country of little over 7 million spread over 80...

Privatisation Disputes
Karanovic & Partners, June 2018

This article will focus on the experience in practice and the evolution of privatizations of state and socially owned companies in Serbia in the period of transition and will assess the boundaries of arbitrability of disputes that arise out of the termination of privatization agreements. The term arbitrability will be analysed from a broader perspective, as opposed to the traditional and commonly used meaning of this term - whether a certain dispute is suitable for arbitration...

Striving Towards the Black Gold
Karanovic & Partners, June 2018

The first upscale exploration of oil and gas in Montenegro started in 1914, when King Nikola Petrovic approved the National Assembly's decision for oil exploration around Lake Skadar. The first well in the area of Crmnica dates back to 1922 - although it produced nothing of significance. In later researches of the Montenegrin offshore, the existence of geological structures with the potential for hiding hydrocarbon deposits was confirmed...

Athletics Equipment Distributors Under Investigation For Failure To Notify Exclusivit
Karanovic & Partners, June 2018

Following a tip, the Serbian Competition Commission (the "Commission") recently started investigating the business relationship between GR Sport and Polanik, a Polish company, concerning an alleged infringement of competition – the conclusion of a restrictive agreement which was not notified for prior exemption under the applicable legal framework...

Montenegro To Publish A Tender For A 200 MW Solar Power Plant
Karanovic & Partners, June 2018

The Montenegrin Government plans to publish a tender for the lease of state land for the purpose of constructing a solar power plant in the municipality of Ulcinj. According to the announcement, the tender envisages a total of 6,621,121 square meters of land for the planning, construction, exploitation, and maintenance of a solar power plant at Briska gora, in the very south of Montenegro...

The Serbian Law on Foreign Exchange Amended
Karanovic & Partners, April 2018

On 20 April 2018, the amendments to the Law on Foreign Exchange (the “Law”) were adopted and will enter into force on 28 April 2018. Exceptionally, the application of certain provisions related to the assuming of competencies over foreign exchange control by the National Bank of Serbia is delayed until 1 January 2019...

New Serbian Law on Foreigners Adopted
Karanovic & Partners, April 2018

In March 2018, the new Serbian Law on Foreigners was adopted, replacing the 2008 version of this law- in force until recently without any amendments. The new law will enter into force on 3 October 2018...

The Use Of AI In Law: How Just Is Machine Justice?
Karanovic & Partners, April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group's annual employment law conference held in February, AI was heavily debated along with its' impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as "law" or "justice"...

The Use of AI in Law: How Just is Machine Justice?
Karanovic & Partners, April 2018

Artificial intelligence is a burning topic in many sectors today and the legal industry is no exception. Recently, at the World Services Group’s annual employment law1 conference held in February, AI was heavily debated along with its’ impact not only on the legal profession, lawyers, clients, the way business is done, but also our traditional understanding of concepts such as “law” or “justice”...

Montenegrin Competition Agency takes over State Aid control
Karanovic & Partners, March 2018

As of recently, state aid control is a part of theMontenegrin Competition Agency's (the "Agency") scope of authority...

Interview with Patricia Gannon: The Importance of Female Leadership in Law Today
Karanovic & Partners, March 2018

Patricia Gannon, founding partner at Karanovic & Nikolic, was recently appointed Chair of the European Forum at theInternational Bar Association...

Sportswear and Oil Retail under Scrutiny by the Serbian Commission
Karanovic & Partners, February 2018

The Serbian Competition Commission (the "Commission") continues its diligent examination of the Serbian competitive landscape in specific industries, this time with inquiries in two more industries – sportswear (including footwear and sporting equipment) and oil (petroleum products). Once again, the aim behind the market test was to identify potential issues on the relevant markets and provide broader insight into the functioning of the relevant markets...

New Amendments to Serbian Tax Laws
Karanovic & Partners, February 2018

New Amendments to Serbian Tax Laws Views Karanovic & Nikolic At the end of 2017, the Serbian Parliament passed amendments to Serbian tax laws, including the Law on Personal Income Tax (PIT Law), the Law on Contributions on Mandatory Social Insurance (CMSI Law), the Law on Corporate Income Tax (CIT Law), and the Law on Value Added Tax (VAT Law). These amendments introduce tax relief for salaries paid to employees in newly incorporated legal entities...

Raspberries and IT: New Sector Inquiries by the Serbian Competition Commission
Karanovic & Partners, January 2018

The Serbian Competition Commission (the "Commission") recently finished sector inquiries concerning quite distinct industries – raspberries and the public procurement for software and hardware. The aim behind the inquiries was to perform extensive market research and analysis in order to acquire a clearer picture of the possible antitrust issues and risks in two sectors widely perceived as strategic for the development of the Serbian economy...

Amendments To The Slovenian Construction Law
Karanovic & Partners, January 2018

With the aim of breathing a bit of fresh air into the Slovenian construction legislation, three new laws have been adopted recently and will be applied with effect from 1 July 2018. The current Construction Act will be replaced with both the new Building Act and the Architectural and Civil Engineering Activities Act, while the current Spatial Management Act will also be subject to certain amendments...

Permit-free Regime for Construction in Montenegro
Karanovic & Partners, January 2018

In recent months the Serbian Parliament passed amendments to Serbian tax laws, including the Law on Personal Income Tax (PIT Law), the Law on Contributions on Mandatory Social Insurance (CMSI Law), the Law on Corporate Income Tax (CIT Law), and the Law on Value Added Tax (VAT Law). These amendments introduce tax relief for salaries paid to employees in newly incorporated legal entities...

Serbian Commission Fines Another Bid Rigging Cartel
Karanovic & Partners, January 2018

The Serbian Competition Commission (the "Commission") recently fined four undertakings for bid rigging in the public procurement for the maintenance of train wagons. The contracting authority, the "Nikola Tesla" power plant, which represents the largest electricity-producing complex in Serbia, informed the Commission about possible collusion in public procurement for repair services for the train wagons it uses in coal transportation...

Serbian Bankruptcy Law Amended
Karanovic & Partners, December 2017

After two long years of analysing and debating, the Serbian Parliament adopted changes to the Bankruptcy Law and they have entered into force. The idea was to improve the position of secured creditors and to provide clarity to certain provisions that caused conflicting interpretations in practice. Changes will apply only to bankruptcies initiated after the changes entered into force...

Transfer Of Claims No Longer A Problem In Enforcement
Karanovic & Partners, December 2017

Ever since the latest Law on Enforcement and Security entered into force on the 1stof July, 2016, an issue arose over the wording and scope of Article 48, dealing with how creditors acquiring claims can initiate enforcement. The main idea behind this new law was to make it easier for creditors to collect claims...

Cross-Border Cooperation Between Competition Authorities In The SEE Region Intensifies
Karanovic & Partners, December 2017

The national competition authorities in South Eastern Europe are evidently increasing and strengthening their cross-border cooperation and communication, allowing for a more effective regional approach in the protection of competition. Taking into account common challenges and economic interdependence, as well as similar goals in EU integration, the authorities appear to have recognized significant merit in a broader regional framework for competition enforcement...

The New National Employment Service's Practice of Prolonging of Work Permits
Karanovic & Partners, November 2017

The National Employment Service changed its years-long practice regarding the extension of work permits for persons on secondment. In particular, pursuant to Article 19 of the Law on the Employment of foreigners, work permits based on secondment are obtained for a period of the duration of an agreement between the local employer - who is the service user, and a foreign employer, but no longer than for one year...

Slovenia Adopts Class Action Law
Karanovic & Partners, October 2017

The Slovenian National Assembly adopted the Class Action Law, which will implement an important institute to the Slovenian legal system, i.e. mechanism of class action. This mechanism is already applied in the UK, Belgium, Netherlands and Sweden, but is yet to be implemented in numerous EU member states. The new mechanism of class action will provide for the injured parties, both natural and legal persons, to file a compensation claim in case of mass harm situations...

The Untapped Potential of South Eastern Europe
Karanovic & Partners, September 2017

We have seen emerging markets in Central and Eastern Europe opening up and developing quite quickly. Some of them have done so through their ascension to the European Union and others by organising their legislation in accordance with European standards, opening up borders, having foreign investors come in, as well as putting in place free trade agreements and investment incentives. Of course, transitional economies traditionally have a lot to offer to foreign investors...

New Way of Claiming Damages for Competition Law Infringements in Croatia
Karanovic & Partners, August 2017

New Way of Claiming Damages for Competition Law Infringements in Croatia News Karanovic & Nikolic On the 22nd of July, 2017, the Law on Actions for Damages for Competition Law Infringements came into force in Croatia (the "Law"), implementing the EU Damages Directive...

The Third Energy Package - What The Macedonian Electricity Market Needs?
Karanovic & Partners, July 2017

Two and a half years after the expiry of the deadline for the implementation of the Third Energy Package, the Macedonian authorities seem eager to finalise this process in the near future. The new draft legislation has been in the pipeline for quite some time, but until now its adoption was postponed due to different reasons...

Favoring Slovenian Origin is Contrary to EU Law
Karanovic & Partners, June 2017

Earlier this year, the Court of Justice of the European Union (CJEU) reached an important decision in the case Medisanus d.o.o. v General Hospital Murska Sobota (C-296/15) concerning public procurement procedures...

Karanovic & Nikolic At FREI 2017
Karanovic & Partners, May 2017

Karanovic & Nikolic attended the 8th

Record Antitrust Fines In Macedonian Beer Market
Karanovic & Partners, May 2017

The Macedonian Competition Commission imposed a EUR 5.8 million fine on PIVARA SKOPJE AD and EUR 2.7 million on PRILEPSKA PIVARNICA AD, for allegedly entering into restrictive agreements with their distributors. According to the Commission, PIVARA SKOPJE AD entered into sales and distribution agreements which contain resale price maintenance provisions, limiting the distributors to freely set their resale price...

Croatian Competition Agency Found No Abuse Of Dominant Position By An Authorised Dealer Of Land Rover And Jaguar Cars
Karanovic & Partners, May 2017

The Croatian Competition Agency (the "Agency") initiated proceedings against Grand Auto – an authorised dealer of Land Rover and Jaguar cars for Croatia, after an initiative by the Auto Dealership "Karlo", a former authorised repairer of the said cars for Croatia...

The Slovenian Response To The Agrokor Crisis - "Lex Mercator"
Karanovic & Partners, April 2017

The turmoil within the Croatian retail company Agrokor, which owns Mercator, the largest Slovenian retailer, caused a significant stir in the Slovenian public, with the suppliers and especially in politics...

Antitrust Fine Imposed On Producers Of Cooking Oil In Serbia
Karanovic & Partners, April 2017

Competition authority imposes fines on ViktoriaOil and Vital, the leading producers of cooking oil in Serbia. The authority stated in its decision that the two companies entered into a joint production agreement that featured restrictive provisions. In particular, the authority claims that the provisions effected the exchange of information and joint production and sales in a way that led to increased prices to end consumers...

Macedonian Competition Commission Further Strengthens Its Leniency Policy
Karanovic & Partners, March 2017

For several years now, a leniency model exists in Macedonia and it is shaped in line with the EU leniency model. Nevertheless, theMacedonian Competition Commission("Commission") decided to refine the existing rules (contained in the Law on Protection of Competition and the accompanying Leniency Regulation) by recently adopting the Leniency Guidelines ("Guidelines")...

Dawn Raid In Montenegro
Karanovic & Partners, March 2017

In March 2017, the Montenegrin Agency for the Protection of Competition carried out an unannounced inspection (dawn raid) at the business premises of Sava Trans d.o.o. Cetinje, a company engaged in freight transport, in order to collect data necessary for undertaking further actions carried out by the Agency...

Cable Operator Merger Conditionally Cleared By The Competition Commission
Karanovic & Partners, March 2017

Following a Phase II investigation, the Serbian Competition Commission granted conditional clearance to SBB''s takeover of IKOM. This consolidation of leading cable operators in Belgrade represents a landmark case for the Serbian authority and is related to global trends in consolidation of cable network operators, which fosters the investments necessary for improvements to network infrastructure and competition with IPTV, OTT and satellite content providers...

Gorenje Zagreb Fined For Resale Price Maintenance
Karanovic & Partners, March 2017

Resale price maintenance and price-fixing has been and still is under scrutiny by the Croatian Competition Agency (the "Agency"). Carrying on from a number of high-profile cases, in February 2017 the Agency fined Gorenje Zagreb, a subsidiary of Slovenia's premier manufacturer of household appliances for HRK 1,557,000 (approximately EUR 206,000)...

New Serbian Data Protection Law In 2017?
Karanovic & Partners, March 2017

After having prepared the first draft of the new data protection law back in 2014 (which was ignored by the Government in the meantime, and even dismissed by the Ministry of Justice's introduction of a separate draft law in 2015), the Serbian Data Protection Commissioner ("Commissionaire")1 published the second draft of the new law on March 6th, 2017 ("Draft")...

Termination Due to Actions of Employee Constituting Criminal Act
Karanovic & Partners, March 2017

A previous Amendment to the Labour law raised some arguable and sensitive issues regarding termination of the employment contract when employee's behaviour represents criminal act. In fact, it was the employer who decided if an employee's behaviour represent a criminal act...

Karanovic & Nikolic Employment Team Contributes to the Shepherd and Wedderburn’s European Employment Law Update For 2017
Karanovic & Partners, February 2017

Karanovic & Nikolic employment team has assisted Shepherd and Wedderburn in the development of The European Employment Law Update for 2017. The European Employment Law Update for 2017 provides an overview of the vital reforms being introduced to European employment law over the next year, including areas such as seconding employees, increased protections for whistleblowers, and legislation changes related to increased work-life balance...

 

 

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