CEE Legal Matters
In-depth coverage of the news and newsmakers that shape Europe's emerging markets
The Polish government has presented detailed conditions and modalities for providing support to investment projects of strategic importance for the transition to a net-zero-emission economy. The new State aid instrument implements the EU programme “Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia”. The new financial support is to be regarded as a further incentive effect to attract new investments to Poland.
In July 2023 the European Court of Justice (ECJ) gave its judgment in case no. C-106-22 (Xella Judgment). The case was referred by the Fővárosi Törvényszék (Budapest High Court, Hungary) for preliminary ruling on the interpretation of Article 65(1)(b) TFEU in conjunction with recitals 4 and 6 of Regulation (EU) 2019/452 (EU FDI Regulation) and Article 4(2) TEU.
Avellum has advised JSC Integrity Capital on obtaining the merger control clearance of the Antimonopoly Committee of Ukraine for its acquisition of shares in Lanita Invest – an indirect co-owner of the Ocean Plaza shopping and entertainment complex in Kyiv.
TGS Baltic has helped Lenoka obtain permission from the Competition Council to acquire the lease rights and open a Mego store at the Driksas 4 location in Jelgava – which was previously leased by Maxima Latvija.
The end of September 2023 not only marked the close of the month but also heralded the replacement of Macedonia’s previous Law on Advocacy with a new substantially amended law. The new law, which entered into force on 3 October 2023, introduced significant amendments designed to elevate the level of practice of law in Macedonia.
On 12 September 2023, the President of Ukraine signed Law No. 5431 "On Amendments to Certain Legislative Acts of Ukraine to Improve the Activities of the Antimonopoly Committee of Ukraine" ("Law"), which launches a reform of Ukrainian competition law. The Law will enter into force on 1 January 2024.
Where behavior is investigated in parallel by the Austrian competition authorities and the Public Prosecutor’s Office (PPO), the latter usually requests the competition authorities to provide it with copies of their files, including leniency statements and settlement submissions that have been filed with the Federal Competition Authority (FCA), and adds (parts of) these documents to its own file. Victims of competition law infringements can thus indirectly get access to leniency statements and settlement submissions through an inspection of the PPO’s file. This practice risks weakening the effectiveness of the Austrian leniency program and settlement procedure as it may deter undertakings from cooperating with the FCA.
