In The Spotlight
One week before the General Data Protection Act (GDPR) came into force on May 25, 2018, the Hungarian office of Schoenherr organized a one-day seminar to highlight some of the key elements of the regulation that companies in the real estate sector should keep in mind.
BIFIDEX (Business and Financial Data Exchange) is the service delivery platform of the Regional Business Registry Portal (RBRP) which, as of March 2019, has officially started operating. This portal offers transparent and easy access to information regarding the companies in the Western Balkan countries.
By outsourcing production of major parts of car components, carmakers have also outsourced a substantial amount of their financing needs and associated risks to their suppliers. Still, despite rather slim margins, the prospect of a fairly stable cash flow over a number of years has made the automotive supplier business viable in the past. However, this viability is becoming questionable. This is visible in the number of struggling or even insolvent suppliers, the German group Eisenmann being a very recent example.
The draft of the new Act on Trademarks will be on public debate until August 13, 2019. The need for enacting the new Trademark Act is twofold. Firstly, the problems and experiences in the day to day appliance of the provisions of the current Trademark Act need to be implemented in the new text. Additionally, the trademark system in Serbia needs to be made compliant with the EU Directive 2004/48/EZ.
On 27 June 2019 the Commission on the Protection of Competition (CPC) issued a decision in which it penalised funeral agency Elida MG EOOD (formerly Pokoy-1945 EOOD) for failing to comply with an earlier CPC decision. Such cases in which an undertaking fails to comply with a CPC decision and is therefore fined again are extremely rare due to the substantial pecuniary penalties which may be imposed on violators.
The amendment to the Law on Radio and Television Broadcasts (“RT Law”), which was published in the Official Gazette of March 28, 2018, regulated broadcasting services (i.e. radio, television and on-demand broadcasts) provided through internet and required these services and their providers (media service providers and platform operators) to be under the supervision and authority of Radio and Television Supreme Council’s (“RTUK”). The Regulation provides detailed information regarding this process.
In the shadow of Brexit negotiations, the European Parliament agreed on 14 February 2019 to set up an EU level tool to screen FDIs on grounds of security or public order to protect sectors. The new "Regulation (EU) 2019/452 establishing a framework for screening of foreign direct investments into the European Union" (EU-FDI Regulation) shall apply from 11 October 2020 and be binding in its entirety as well as directly applicable in all member states.
The Government of Montenegro, at the session of February 7, 2019, passed Decision about The Privatization Plan for 2019 which is published in the Official Gazette No. 013/19 of 01, March 2019 and it came into force on 9, April of the same year.
Estonia is probably best known for its IT businesses and startups. At the same time its population density is among the lowest in Europe, which means that forestry and agriculture are also topics to look into. Due to the country’s geographical location and climate, Estonia is well-suited for dairy farming, and the Estonian islands and seaside regions are also very good for beef cattle farming. Agricultural subsidies provided by the European Union and the Estonian government have resulted in some of the most modern dairy production facilities in the world, making the Estonian average cattle herd size the second-highest in Europe. As a result of state-of-the-art genetics, the average milk production per cow is over 9,300 kilos per annum – the second highest result in Europe, right after Denmark. As a consequence, foreign investors have turned to Estonia for investment possibilities. Here we would like to look more into the possibilities of investing in Estonian agriculture and what to bear in mind.
During a posting, the employee is bitten by a tick. He throws his back out while loading. He gets sunburnt while working outside. A common feature of these cases is that they are all accidents at work. Yet, if the employer does not pay attention to these, he can find himself at a serious disadvantage.
In May 2019, Turkish Competition Authority (“TCA”) has published two reasoned decisions, namely Bfit Decision and Minikoli Decision, in which it assesses the resale price maintenance (“RPM”) activities of the concerned undertakings. These decisions bear significance since they represent the TCA’s unstable approach towards RPM activities. In the aforementioned cases, the TCA adopted an effect-based analysis, as it generally did in the past. However, the TCA had displayed a deviation from the said approach in its previous two decisions; Sony Decision and Henkel Decision and adopted a by object analysis. Therefore, Bfit and MinikoliDecisions show this unstable approach.
What do human rights have to do with financial institutions? At first glance, one may think nothing. Originally, the protection of human rights was considered as the duty of governments only. However, it is becoming clear that those universal rights may be violated, but also protected by private sector actors. Recently, multiple international initiatives have started to develop regulations regarding human rights in the private sector, including the financial sector.
Structural changes are being proposed to Slovenia’s agricultural land policy to incentivize young farmers to purchase and lease agricultural land and increase food self-sufficiency. Many companies strongly oppose some of these proposals.
In a recent case involving parallel-imported agrochemical products, the District Court of The Hague ruled that non-compliance with the requirements laid down by the European Court of Justice (CJEU) for parallel import of relabelled products displaying the original right-holder’s trademark constitutes trademark infringement, particularly if the right-holder is not properly notified of the parallel import and is not offered a sample of the relabelled product on request. This decision shows that the requirements for parallel import are applied strictly by the courts and have a broad scope (not limited to pharmaceutical products), allowing the mark-holder to exercise control over the resale, re-labelling, and re-packaging of its original products within the EU.
On March 28, 2019 the Slovak parliament adopted Act No. 91/2019 Coll. on Unfair Conditions in Food Trade, which completely replaces previous legislation on the subject.
The tobacco products market is heavily regulated in the Czech Republic, as it is across the European Union. A key document is the Tobacco Products Directive (2014/40/EU), which sets out a uniform, detailed framework for all EU member states. The TPD thus provides substantial direction regarding tobacco regulation, tobacco products, and electronic cigarettes, as well as novel tobacco products. It includes comprehensive definitions of various types of tobacco products and regulates their labeling and packaging, mandatory health warnings and security features, and how to place them on the EU market.
Bulgarian legislation on the legal cultivation of cannabis could make for interesting reading. Some readers might feel that the regulations and definitions are “the most hilarious things ever.” This ar-ticle aims to show why.
The agricultural sector in the European Union is facing an increasing number of legal and regulatory challenges, in contexts which are genuinely multidisciplinary.
Preventing the division of agricultural lands is important in preserving quality in the sector and ensuring the continued contribution of agriculture-related income to the domestic economy. As a result, every positive step taken in the agriculture sector creates a similarly positive movement in the economy. Among the most important steps taken in this regard in Turkey were the 2014 amendments to the Law on Soil Protection and Land Use No. 5403, including to the definitions of “minimum agricultural land size” and “agricultural land size of sufficient income,” affecting the division of inherited agricultural land and transfers of ownership of agricultural lands with designated sizes.
Over 77% of the European Union’s territory is classified as rural (47% is agricultural land and 30% is forest). The numbers are little different in Romania, where around 81% of the territory is rural (approximately 50% is agricultural land and over 31% is forest cover).
Ukraine is a leading producer and exporter of agricultural products, and agribusiness is the driving force of the country’s economy, as almost 40% of overall foreign currency earnings which come in to the state budget relate to agricultural exporters. The industry grows every day, engaging ever-more investments from both national and foreign participants. Nonetheless, the relevant logistics and infrastructure requires improvement, as does the quality of applicable legal framework.
Major developments in 2018 and 2019 have affected the growth of the agricultural industry and agribusiness in Moldova. Key among these developments was the March 1, 2019 adoption of the restated Moldovan Civil Code, which significantly affected the parts of the Moldovan legal framework relevant to businesses.
At the European Community level there have been numerous regulations related to asset freezing and confiscation, the most recent being Directive 2014/42/EU of the European Parliament and of The Council on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (the “Directive”).
The Romanian personal identification number (“cod numeric personal” in the Romanian language) is a unique and general identifier that is assigned to each individual at birth and appears on most personal documents, including birth certificates and identity cards. The number remains unchanged throughout an individual’s life.
State aid has always been a success story in Romania, with a lot of companies developing medium-sized investment projects based on money coming from Romanian authorities. And the success story continued through 2018 and into 2019. But let’s look at this story from the beginning.