Picture a situation where a company divests a part of its business to create a new company. Employees are transferred to the spin-off company too. Based on Article 75 of the Employment Relationship Act (ZDR-1), the provisions on the transfer of an undertaking (change of employer) then apply. The article governs the joint and several liability of both the transferor and transferee company; however, it limits liability solely to the claims of employees who were actually transferred.

Jadek & Pensa has promoted Janja Zaplotnik to Equity Partner.

Former Senior Associate Mia Kalajdzic has been appointed Partner and Head of the Employment practice area group at CMS Croatia, while former Senior Associate Sasa Sodja was appointed Partner and Head of the Corporate and M&A practice at CMS Slovenia.

Former CMS Partner Ales Lunder has joined Senica & Partners as Partner.

Sanja Vujanovic has been promoted to Partner and Head of the Litigation and Dispute Resolution practice, while Teja Podrzaj has become Partner and Head of the Employment and Commercial Law practice at Sibincic Krizanec.

Challenges to COVID-19-related regulations, needed tax, healthcare, and pension reforms, a busy M&A market, and questions related to future public spending are at the top of the agenda for lawyers in Slovenia, according to Selih & Partnerji Partner Jera Majzelj.

Former Senior Associates Maja Subic and Katarina Mervic have been promoted to Partner at Senica & Partners, Andersen Global's Slovenian member.

When in September 2020 the Slovenian government decided that price control measures in the fuel products market were no longer necessary and fully liberalized the market, one of the expected benefits was a positive impact on the price competition.

In view of the upcoming parliamentary elections competition among the political parties is intensifying, while the Slovenian economy struggles to recover, according to CMS Partner Ales Lunder.

Franchising may be an attractive proposition for many companies wishing to expand internationally. Take a look at this overview to discover the applicable franchise law in Slovenia, covering the essentials for franchisors, the relevant areas of law, selected aspects such as fees, and dispute resolution and applicable law.

Up until fairly recently, the lease of business buildings and business premises (offices, warehouses, pertaining parking spaces, etc.) in Slovenia was governed by the Business Buildings and Business Premises Act (“Act”). Since the Act was adopted back in 1974, it was not shaped for the modern business environment in which it is both in the interest of the lessee and the lessor to be able to act quickly and have at least a certain degree of flexibility when it comes to adopting business decisions. The obligatory 12-month notice period for termination of lease agreements, concluded for an indefinite period, and the obligation to terminate the lease agreement through court proceedings, for example, all but served those interests.

Based on changes of the Decree on bodies within ministries, the competence to perform administrative tasks in the field of environmental protection and professional and administrative tasks in the field of nature conservation, except for administrative and professional tasks related to responsibility for prevention or remediation of environmental damage, have been transferred from the Environmental Agency of the Republic of Slovenia to the Ministry of the Environment and Spatial Planning.

Contributed by Kavcic, Bracun & Partners.

Following the record-long period, since May 25, 2018, during which Slovenia failed to adopt a relevant GDPR-implementing act, the Slovenian Government has sent a new draft of the Slovenian Data Protection Act for public discussion. If the parliamentary process runs uninterruptedly, the adoption of the new Act can be expected by the fall of this year.

On May 26, 2021, the EU’s new Medical Device Regulation came into force, significantly changing the applicable regime, including – of particular interest to the dynamic Slovenian MedTech start-up community – by providing a new definition of software applications that need to be certified as medical devices.

In “The Corner Office” we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. The question this time: “What did you most want to be when you were little?”

CMS' Malgorzata Surdek-Janicka has been appointed as Vice-President of the International Court of Arbitration at the International Chamber of Commerce in Paris. Aside from Surdek-Janicka, 33 lawyers from CEE were appointed as members and alternate members of the court.

The COVID-19 epidemic and consequent restrictive measures strongly affected Slovenia’s economy, including the country’s rental market. The COVID-19 epidemic impacted all commercial leases, with tourism, hospitality, and to an extent retail among the sectors suffering most. Commercial properties with strong tenants such as IT & Life Science companies and public sector entities proved to be much more resilient than commercial properties dependent on tenants from distressed sectors.