Author: admin

  • The Debrief: December, 2024

    In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

    This House – Implemented Legislation

    In Greece, companies are adjusting to changes in tax law. “The new VAT Code entered into force on October 11, 2024, by virtue of Law 5144/2024,” Drakopoulos Senior Associate Sophia Angelakou explains. “The new VAT Code serves as a codification of the old regime, which has been in force since 2000 and has been subject to numerous amendments, aiming to update and harmonize the regulatory framework and to ensure legal certainty for the taxpayers – persons subject to VAT, the public administration and the professionals in the sector, including lawyers and accountants. However, a further amendment to the VAT Code is expected in order for Greece to keep up with the latest developments in the EU in the context of the VAT in the Digital Age reform.”

    This House – Reached an Accord

    November 2024 in Serbia was marked by significant advancements in energy policy, and legislation framework, “all aimed to enhance energy security and stability, optimize the energy mix, and infrastructure modernization and development,” JPM & Partners Senior Partner Jelena Gazivoda says. “Key developments included the adoption of the Law on Amendments and Supplements to the Energy Law, the Energy Development Strategy of Serbia until 2040 (with projections to 2050), and several by-laws. These included regulations on market premiums, feed-in tariffs, quotas for wind and solar power projects, and the maximum prices for auctions in the market premium system. These measures culminated in the initiation of Serbia’s second auction procedure for market premiums, signaling a pivotal step toward the country’s renewable energy goals.”

    According to Gazivoda, “amendments to the Energy Law contribute to regulating the balancing market and balance responsibility, creating conditions for the opening of the auxiliary services market, as well as for the merger of the national organized electricity market (electricity exchange) with the markets of neighboring countries, opportunities for end customers to conclude supply contracts with dynamic tariffs, the abolition of net metering for buyers-producers (prosumers) starting from December 31, 2026, the introduction of the ‘active buyer’ category, and the creation of the necessary preconditions for concluding a power purchase agreement, supply of green energy from power plants that will significantly contribute to the reduction of electricity supply costs, but will also have significant benefits resulting, inter alia, in the avoidance of paying CO2 taxes.” Gazivoda adds that “on the date of entry into force of the amendments to the Energy Law, the Law on the Prohibition of Nuclear Power Plants in the Federal Republic of Yugoslavia ceases to be valid, thus opening up space for the inclusion of nuclear energy in the energy mix, and the implementation of nuclear power plant construction projects.”

    This House – Under Review

    In the Czech Republic, discussions are ongoing regarding changes to the Labor Code that may take effect in early 2025. “The Chamber of Deputies is due to discuss the government’s draft amendment to the Labor Code aimed at introducing a number of flexible means to stimulate the labor market in the Czech Republic still this year,” Peterka & Partners Partner Adela Krbcova notes. “As the legislative session is suspended until December 3, it is uncertain if the amendment will be adopted this year.” One such possible change, according to Krbcova, “is for employers to be able to extend the trial period for regular employees from three months to four months, and to eight months for managers. This extension could be agreed upon when signing the employment contract. Or the parties may agree on a shorter trial period and then extend it within the maximum range, which is currently forbidden.”

    The draft amendment does not consider unilateral termination without reason, “a change that initiated huge discussions among politicians, trade unions leaders, and professionals since its announcement,” she says. “But the draft amendment at least has the potential to speed up the termination procedure. The notice period will start from the date of delivery of the notice to the employee and not on the first day of the month following the delivery. Further, the standard notice period of two months shall be reduced to one month for termination reasons related to non-fulfillment of conditions of requirements for performing work, including unsatisfactory work reasons, or for violating duties resulting from labor regulations or the regime of a sick employee.” In addition, Krbcova reports that, “as of the 1 January 2025, there will be changes brought by other amendments, such as the potential self-scheduling of working hours by employees, or further changes to agreements outside of employment.”

    This House – The Latest Draft

    In Poland, efforts are underway to address workplace harassment. “The Ministry of Labor and Social Policy has recently announced plans to revise the definition of workplace bullying.” Although the details of the draft law are not yet available, according to Wolf Theiss Poland Associate Zofia Zarebska, “the ministry has promised that the new wording will be clearer and more precise. This action comes in response to the ongoing discussion about the prevalence of workplace harassment, which continues to be a significant issue.” Under the current legislation, Zarebska says that “workplace bullying is defined as any act or behavior relating to an employee or targeted against an employee that involves persistent and long-term harassment or intimidation, resulting in diminished self-esteem regarding their professional abilities. The purpose or effect of such behavior is to humiliate, ridicule, isolate, or exclude the employee from the team. Consequently, in order to claim compensation for the damage suffered, the employee must prove the cumulative fulfillment of numerous conditions.”

    The amendment is motivated by concerning statistics. “In 2022, only 551 workplace bullying compensation cases were submitted to district courts, with just 17 cases granted compensation that same year,” Zarebska says. “This doesn’t necessarily mean that these disputes are resolved in a non-litigious manner. According to the Polish Labor Inspection, only one in five employees who experience workplace harassment seek support from the employer,” Zarebska reports pointing to a 2024 survey revealing “that over 41% of Polish employees reported experiencing harassment-like behavior in the workplace in the past six months.”

    In the Works

    “At the beginning of November, the Ministry of Energy published the evaluation of the received investment proposals under the procedure Support for new capacities for electricity production from renewable sources and electricity storage (Calls 1 and 2), financed within the framework of the National Recovery and Resilience Plan, has been successfully completed,” CMS Sofia Managing Partner Kostadin Sirleshtov reports. “A total of 327 proposals were received under Call 1, of which 267 were admitted to the ranking. The available financial resources under the procedure allow the financing of 200 projects with a total value of nearly BGN 107 million.” The projects envisage “the installation of 435 megawatts of production capacities from renewable sources and 176 megawatts of local electricity storage facilities. A total of 70 proposals were received under Call 2, of which 65 were admitted to the ranking of the proposals,” he adds. “The available financial resources under the procedure allow the financing of 49 projects with a total value of almost BGN 419 million. During their implementation, 2,660 megawatts of renewable energy generation capacity and 1,000 megawatts of local electricity storage facilities will be installed. 16 projects, for which there are insufficient financial resources, have been included in the list of reserve proposals with a total value of nearly BGN 43 million. The deadline for the implementation of the projects is March 31, 2026.”

    Gazivoda says Serbia initiated its second auction for market premiums for wind and solar projects in November. “Participants must bid for at least 70% of each power plant’s capacity and submit a bank guarantee or cash deposit of EUR 30 per kilowatt for their proposed projects. Winners will secure 15-year CfD contracts and must provide an additional guarantee or deposit of EUR 60 per kilowatt for their awarded quotas. The deadline for bids is February 5, 2025.” Through these actions, she says that “the Republic of Serbia continues its commitment to the Green Agenda, optimizing its energy mix and aligning with sustainable energy goals.”

    This article was originally published in Issue 11.11 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • BDK Advokati and Mikijelj, Jankovic & Bogdanovic Advise on Vetti Group’s Acquisition of Vet Planet Clinic

    BDK Advokati has advised Vetti Group on its acquisition of 80% of Belgrade-based animal healthcare institution Vet Planet Clinic from Andrija Dakovic. Mikijelj, Jankovic & Bogdanovic advised the seller.

    Vetti Group is part of Provectus Capital Partners, an independent private equity firm in South Eastern Europe.

    The BDK Advokati team included Senior Partner Vladimir Dasic, Senior Associate Marija Gligorevic, and Junior Associate Milan Popovic.

    The Mikijelj, Jankovic & Bogdanovic team included Partner Dejan Bogdanovic.

  • Szabo Kelemen & Partners Andersen Attorneys, Kinstellar, ODI Law, Isailovic & Partners and ODL Lukman Advise on BSP Energy Exchange, HUPX Hungarian Power Exchange, and SEEPEX Merger

    Szabo Kelemen & Partners Andersen Attorneys has advised ADEX on the merger of BSP Energy Exchange, HUPX Hungarian Power Exchange, and SEEPEX. Kinstellar and ODI Law advised HUPX and the Hungarian Transmission System Operator Mavir on the deal. Isailovic & Partners advised SEEPEX. Lukman advised ELES and BPS on the deal.

    According to BSP Energy Exchange, “as the sole owner of the three exchanges, ADEX will focus on integration efforts to enhance customer experience, maintain stable operations, and support the region’s energy transition.”

    “This is a game changer! I am proud and deeply touched at the same time to take part as the vision came true,” commented HUPX/CEEGEX/HUDEX Head of Legal and Compliance Noemi Ujjady.

    Earlier in 2024, Kinstellar advised the Hungarian Power Exchange and TSO on the Project Bluesky transaction which saw HUPX join the regional Adex power exchange (as reported by CEE Legal Matters on April 16, 2024). 

    The Szabo Kelemen & Partners Andersen Attorneys team included Managing Partner Peter Vincze, Senior Partner Tamas Szabo, Attorney-at-Law Dorottya Rebeka Tarba, and Legal Trainee Julia Csala.

    The Kinstellar team included Partners Gabor Gelencser and Peter Voros, Managing Associate Peter Gullai, Senior Associate Aron Barta, and Associates Judit Sos and Orsolya Staniszewski.

    The ODI team included Partners Tine Misic and Primoz Mikolic, Counsel Klemen Erzen, and Associates Milan Stankovic and Eva Hafnar.

    The Isailovic & Partners team included Senior Partner Nikola Rodic.

    Editor’s Note: After this article was published, ODI Law clarified to CEE Legal Matters that it had in fact advised HUPX and Mavir on the merger, alongside Kinstellar. At the same time, CEE Legal Matters was also informed that ODL Lukman advised ELES and BPS on the deal. The article was updated to reflect this.

  • Schoenherr Advises VetPlanet on Acquisition of Vetos-Farma

    Schoenherr has advised VetPlanet on its acquisition of Vetos-Farma from the Okoniewski family. Ecovis reportedly advised the sellers.

    Established in 2008, VetPlanet is a pet product company whose roots stem from veterinary medicine. VetPlanet’s products are distributed in over 45 countries and range from pet food to medical supplies and pharmaceuticals.

    According to Schoenherr, the acquisition marks “an important step for VetPlanet, strengthening its position in the veterinary industry and supporting its growth and expansion in key markets.”

    The Schoenherr team included Partners Szymon Okon and Marcin Czaprowski, Counsel Dawid Brudzisz, and Associates Olga Koncerewicz and Maciej Korzon.

  • Havel & Partners Advises on HIWIN Ownership Integration

    Havel & Partners has advised selling shareholders of Brno-based HIWIN Petr Jasek and Matis on a change in the company’s ownership structure, resulting in the German group HIWIN GmbH becoming the sole shareholder. OHBS reportedly advised HIWIN GmbH.

    HIWIN, headquartered in Brno, is the exclusive supplier of HIWIN-brand linear products and positioning systems in the Czech Republic, Slovakia, and Bulgaria. Its products serve a range of applications in handling equipment, special-purpose machines, CNC tools and machining centers, general machinery, and electronics manufacturing.

    Czech Republic-based Matis operates in the production and supply of components for mechanical engineering.

    The Havel & Partners team included Partner Marek Losan and Managing Associate Ivo Skolil.

  • Jovovic, Mugosa & Vukovic and Zivkovic Samardzic Join SEE Legal

    Montenegro-based Jovovic, Mugosa & Vukovic and Serbia-based Zivkovic Samardzic have joined the South East Europe Legal Group.

    As described by SEE Legal, “Jovovic, Mugosa & Vukovic is one of the largest and most established independent law firms in Montenegro. With over 40 years of distinguished practice and a dedicated team of more than 20 lawyers based in Podgorica, the firm has been advising both domestic and foreign clients across a diverse range of practice areas.”

    Moreover, SEE Legal describes Zivkovic Samardzic as “one of the oldest and largest full-service corporate law firms on the Serbian market. With a team of 37 legal professionals, the firm offers a comprehensive range of legal services, including corporate, banking, financial services, commercial, employment, regulatory, real estate, litigation, intellectual property, competition, and tax.”

    The addition of these two firms follows the departure of BDK Advokati (which just announced it is expanding into North Macedonia and its presence in Bosnia and Herzegovina) from SEE Legal, as of January 1, 2025. 

    “We are thrilled to welcome Jovovic, Mugosa & Vukovic and Zivkovic Samardzic to SEE Legal,” said the Honorary Chair and Co-Chair of SEE Legal Borislav Boyanov, the Managing Partner of Boyanov & Co. “The new members’ expertise will not only strengthen our network’s regional capabilities but also enhance the overall quality of the services we provide. We are also grateful to our colleagues at BDK Advokati for their many years of outstanding collaboration, professionalism, and camaraderie, and we wish them the very best in their future endeavors.”

  • Lukasz Mlynarkiewicz Joins Kochanski & Partners as Partner

    Former Polskie Elektrownie Jadrowe Vice-President of the Management Board Lukasz Mlynarkiewicz has joined Kochanski & Partners as a Partner in its Infrastructure, Energy, Environment, and ESG Practice Group and will also serve as the Head of the Nuclear Energy Practice.

    Before the move, Mlynarkiewicz was with Polskie Elektrownie Jadrowe between 2022 and 2024. Earlier, he was the President of Panstwowa Agencja Atomistyki between 2019 and 2022, Chairman of the Supervisory Board of the Wojewodzki Fundusz Ochrony Srodowiska i Gospodarki Wodnej w Gdansku between 2018 and 2020, as well as the Director of the Environmental Impact Assessment Department of the Generalna Dyrekcja Ochrony Srodowiska between 2017 and 2010. Earlier, he spent just over a year on solo practice, between 2016 and 2017.

    “The biggest projects, not just energy projects, can only succeed if all parties – investors, contractors, government and local authorities – are able to work together,” commented Mlynarkiewicz. “Our role is not just to provide legal advice, but first and foremost to create opportunities and help build solid bridges between the various stakeholders.”

    Originally reported by CEE In-House Matters.

  • White & Case Advises on CZK 1.25 Billion Retail Bond Issuance by Dr. Max

    White & Case has advised on Dr. Max’s second retail domestic bond issuance valued at CZK 1.25 billion, guaranteed by Glebi Holdings, and listed on the Prague Stock Exchange.

    Ceska Sporitelna, Komercni Banka, and UniCredit Bank Czech Republic and Slovakia were the arrangers and joint lead managers and Privatbanka acted as manager. 

    Dr. Max is fully owned by Penta Investments, an investment group active in the healthcare sector.

    According to White & Case, the issuance follows Dr. Max’s debut CZK 5 billion bond issuance in 2023. In total, Dr. Max has now issued bonds worth approximately EUR 250 million. The proceeds will fund the chain’s further development and expansion abroad.

    The White & Case team included Partner Petr Hudec, Counsel Petr Smerkl, and Associates Jan Vacula and Josef Levy.

  • MFW Fialek and JLSW Advise on Hartenberg Capital’s Acquisition of 4Kraft Group

    MFW Fialek has advised Hartenberg Capital on its acquisition of a controlling stake in 4Kraft and its subsidiaries, 4Kraft LLC and Suzhou Kinderkraft Trading. Zhong Lun reportedly advised Hartenberg Capital as well. JLSW Janaszczyk Lis i Wspolnicy advised 4Kraft.

    According to MFW Fialek, the transaction was executed through Enterstore, a holding entity consolidating Hartenberg’s e-commerce investments across multiple countries.

    The transaction remains contingent on regulatory approval.

    Hartenberg is a EUR 300 million investment fund focusing on mid-sized companies in the Central European region, primarily in the Czech Republic, Slovakia, and Poland.

    4Kraft is a manufacturer in the children’s products sector, known for the Kinderkraft and Kiddy brands, with distribution across Europe, Asia, and Australia, and plans to expand to North America and Africa.

    The MFW Fialek Team included Partner Miroslaw Fialek, Senior Associates Mariusz Domagala, Krzysztof Drzymala, Michal Kret, Marcin Gutkowski, and Pawel Siwiec, Associates Wojciech Lichterowicz, Kacper Rydz, and Jakub Wilk, Junior Associates Franciszek Furmaniak and Maksymilian Gnat, and Intern Robert Szumilowski.

    The JLSW team included Managing Partners Marcin Lis and Tomasz Janaszczyk and Partner Joanna Zemojtel.

  • Bernitsas Advises Helleniq Energy Real Estate on EUR 50 Million Financing

    Bernitsas has advised Helleniq Energy Real Estate and its shareholder Helleniq Energy Holdings on an up to EUR 50 million common secured bond loan issued by Helleniq Energy Real Estate to Eurobank for the acquisition of real estate property.

    Earlier in 2024, Bernitsas advised Helleniq Energy on a EUR 1.5 billion financing (as reported by CEE Legal Matters on August 15, 2024). In 2023, Bernitsas advised Helleniq Energy Holdings on a EUR 400 million refinancing (as reported by CEE Legal Matters on December 1, 2023). Back in 2022, Bernitsas also advised Helleniq Energy Holdings on the EUR 33.5 million joint financing of its subsidiary Hellenic Petroleum Digital by Alpha Bank and the Recovery and Resilience Fund (as reported by CEE Legal Matters on November 23, 2022).

    The Bernitsas team included Partner Athanasia Tsene and Senior Associate Sildia Fotopoulou.

    Bernitsas did not respond to our inquiry on the matter.