CEE Legal Matters
In-depth coverage of the news and newsmakers that shape Europe's emerging markets
In Latvian Case SKC-176/2017, lessor Swedbank Leasing resold the lease objects to another buyer after lessee Mednis had made full payment, such that, according to the judgment of the arbitration court, at the moment the objects were resold the lessee was not in debt to the lessor.
Investment involving public funds in Poland is often a source of conflict between public sector entities and entrepreneurs.
So far, 2017 has been a very challenging year for dispute resolution in Slovakia, as several new laws changing the current approach to court proceedings and arbitration have entered into force. Practitioners as well as the courts need, therefore, to balance the old rules (which are to some extent still applicable to ongoing proceedings) with the new rules.
On February 1, 2016, the Amendment to Act No. 634/1992 Coll., on Consumer Protection (the “Amendment”) entered into force, implementing European Union directive No. 2013/11/EU on alternative dispute resolution for consumer disputes, which requires the member states of the European Union to ensure that consumers have access to a simple, efficient, fast, and low-cost way of resolving disputes arising from sales or service contracts.
The Parties’ Positions
In state court proceedings, Claimant requested indemnity pursuant to Section 24 of the Austrian Commercial Agents Act, basing the Austrian court’s jurisdiction on Section 99 of the Law on Court Jurisdiction, pursuant to which a person who does not have a forum generale in Austria may nevertheless be sued in Austrian courts if he or she has assets within the district of an Austrian court. Claimant argued that Respondent had assets in Austria as it had an outstanding claim against it.
The most recent amendment to the Slovenian Civil Procedure Act (Zakon o pravdnem postopku, or “ZPP”) was issued in February 2017, with the amendments set to apply from September 14, 2017.
The Hungarian Parliament has recently adopted three new procedural laws: Act CXXX of 2016 on the Code of Civil Procedure (“CCP”), Act I of 2017 on the Code of Administrative Litigation (“CAL”), and Act CL of 2016 on Administrative Proceedings, which will all enter into effect on January 1, 2018. These new procedural laws come on the heels of the recodification of many substantive laws such as the Civil Code and the Criminal Code. This article aims to give a brief overview of these new procedural laws.
