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  • Ukraine’s Financial Market Resilience in 2024

    In 2024, the financial market in Ukraine has remained resilient and stable even though the Russian full-scale military aggression against Ukraine approaches its third anniversary. This has been possible due to the continuing financial support coming from Ukraine’s allies and international donors. Notably, G7 leaders have recently announced a USD 50 billion lending package for Ukraine to be repaid with revenues from Russian frozen assets.

    In 2024, the European Commission started disbursing a EUR 50 billion Ukraine Facility to provide mixed financing for the public and private sectors in Ukraine. This is another significant milestone that is expected to bring private investments to the country along with funding needed for urgent public projects.  At the same time, international finance institutions and development banks have doubled their investments in energy, infrastructure, and agriculture industries. Banks and financial institutions have received substantial support in the form of risk-sharing facilities from international donors to finance SMEs and export trade. Also worth mentioning is the invaluable financial and technical assistance provided by USAID, GIZ, and other governmental and non-governmental institutions toward developing sound policies and a framework for financial markets.    

    2024 was also marked by the emergence of breakthrough war risk insurance products in Ukraine. In particular, DFC has provided a USD 50 million reinsurance facility for ARX, a subsidiary of Fairfax Financial, which is the first part of a larger USD 350 million war risk insurance mechanism for Ukraine. Another vivid example is EBRD’s commitment to providing EUR 110 million loss-covering guarantees to global reinsurers underwriting war risks in Ukraine. The Ukrainian government has also proposed a new law specifically regulating the insurance of war risks by the State Agency for War Risk Insurance to be established soon. In addition, the Ukrainian Export Credit Agency has successfully issued EUR 48 million in guarantees to protect investments in Ukraine against war risks. Finally, export credit agencies are set to continue backing new foreign equity investments in Ukraine against political violence risks. It looks like the last missing piece of the puzzle is coming into place for risk-averse foreign investors to change their minds and pour investments into Ukraine.     

    Generally, the last 12 months gave cautious hope to capital markets players. Sovereign borrowings set the baseline. Foreign and local currency domestic government bonds (so-called “War Bonds”) have remained popular among investors thanks to their relatively high interest rates and their “good deed” vibe of fending off Russian and Belarussian aggression supported by assault weapons and troops by Iran and North Korea.  Approximately USD 20.5 billion of Eurobonds and the state-guaranteed debt of the State Agency for Restoration and Development of Infrastructure (ex-Ukravtodor) were successfully restructured with a significant cut of principal and a reduction of the coupon. Later, new sovereign Eurobonds backed by economic growth expectations rolled out, and investors lent money in exchange for 2027 cash flows, with excitement picking up after Donald J. Trump became president-elect on a vague promise to quickly stop the war against Ukraine.

    For the first time since 2021, the Ukrainian corporate sector issued private bonds, starting with NovaPay, which, in 2024, placed UAH 300 million in unsecured bonds. Earlier in Q1, the securities regulator allowed law firms to become trustees, adding them to banks and other financial institutions as the fallback option, thus expanding the investor base free of conflict of interests. In Q2-Q4, Integrites proudly helped devise Novus’s innovative UAH 400 million mortgaged-backed trustee bond issue – our firm became the first ever trustee beyond financial sector licensees.

    Riding the market trend, the securities regulator issued the new Corporate Bond Issuance Regulation in Q3 2024, effective in parallel with the 2018 general regulations. The new act clarifies aspects of specialized bonds’ issuance, administration, and circulation. A negative, albeit expected, development happened in November 2024, when Ukrenergo, the country’s electricity transmission system operator, suspended payments and declared technical default on the country’s first green and sustainability-linked Eurobonds due in 2028.

    Noteworthy, the National Securities and Stock Market Commission is put in liquidation and a new entity with the same name is being set up after Ukraine’s Securities Market Authority Act was adopted in Q1 2024 to meet the EU acquis benchmarks.

    By Igor Krasovskiy and Oleh Zahnitko, Partners, Integrites

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Agrarian Notes: A New Digital Tool for Attracting Financing in the Agricultural Sector

    Simplifying access to financing for farmers can increase the productivity and profitability of the industry, allowing producers and processors of agricultural products to invest in the latest technologies and innovative solutions, enhancing efficiency.

    Supporting the agricultural sector, stimulating the growth of domestic production, and strengthening Ukraine’s food security were key priorities underpinning the introduction of agrarian notes as a new instrument that became available for the market as of January 2025.

    This reform was a good example of applying a lessons-learned approach as a lot of attention was paid to such angles as new technology, accessibility, and convenience of the issuance and circulation of relevant financial instruments.

    Agrarian Notes in a Nutshell

    An agrarian note is a security that records the unconditional obligation of the debtor (producer or processor of agricultural products), secured by collateral, to either deliver agricultural products or pay the relevant amounts on terms agreed upon between the debtor and the creditor. The debtor can be an individual or a legal entity that owns or uses an agricultural land plot. It is expected that creditors will typically be suppliers, distributors, banks, traders, and processors of products. Creditors can be both local and foreign investors.

    Business Models for Using Agrarian Notes

    An agrarian note can not only be used as a tool for attracting financing but also for making payments under contracts. Unlike previous instruments linked to agricultural products, agrarian notes have a broader use as they may be transferred free of charge by the owner, sold, inherited, etc.

    Collateral for Agrarian Notes

    An agrarian note involves the pledge of future agricultural products, which may include crops, livestock, and/or primary processing products. This provides financing opportunities for a wide range of agricultural producers. Moreover, the performance of obligations under an agrarian note can be additionally secured by any type of eligible collateral. The collateral for an agrarian note can be insured by the creditor or the debtor, as agreed between the parties. If the creditor is designated as the beneficiary under such an insurance contract, the creditor’s receipt of the insurance payout is set off against the debtor’s obligation.

    Mechanisms for Protecting Creditor Rights

    If the received agricultural products are insufficient to fully fulfill the debtor’s obligations, any other agricultural products produced on the respective land plot become collateral for the agrarian note until the obligations are fully performed unless otherwise agreed between the debtor and the creditor. In case of loss of the agricultural products that are the collateral for the agrarian note, the debtor is obliged to replace the collateral with other identical or similar property by agreement with the creditor. Otherwise, the creditor may foreclose on any other agricultural products produced on the respective land plot.

    Additionally, the creditor may accelerate the debt through the court. The creditor has the right to oversee the adherence to the technology of producing the agricultural products that are the collateral and may independently or by engaging third parties complete the production cycle of such products in case of a technology breach.

    Technological Procedure for Issuing and Circulating Agrarian Notes

    An agrarian note is issued and exists in electronic form, recorded in a securities account in the depository system, with the details of the agrarian note reflected in the Agrarian Notes Register. The registration of agrarian notes in the depository system provides access to organized capital markets, which allows transactions with agrarian notes to be conducted on the organized market and potentially expands access for foreign creditors through correspondent relationships of the Central Securities Depository.

    The Agrarian Notes Register is maintained by the Central Securities Depository, which exercises control over the process of issuance of agrarian notes through electronic information exchange between the Agrarian Notes Register and state registers. The Agrarian Notes Register has electronic cabinets for all relevant parties, providing the necessary functionality for them to exercise their rights and obligations.

    Enhanced Mechanism for Forced Execution

    In order to enforce obligations under agricultural receipts, the creditor generates a special extract from the Agrarian Notes Register and instructs the Central Securities Depository to submit it for execution through electronic interaction with the automated enforcement system.

    By Borys Lobovyk, Partner and Head of Law Practice, and Nataliia Shevchenko, Tax & Law Practice Manager, EY Law Ukraine

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Upcoming PPP Overhaul To Follow Industrial Parks Legal Framework

    The past year has demonstrated that an ongoing conflict is not an obstacle to development and investment. Despite infrastructure being targeted by shelling, Ukraine’s real GDP grew by 4% in the first nine months of 2024, with expectations that this figure will reach 4.3-4.6% in the coming years. To maintain this growth, Ukraine must actively engage private investments to rebuild its damaged infrastructure and assets.

    In this article, we focus on two key areas currently receiving significant attention in Ukraine: (i) the overhaul of the public-private partnership (PPP) legal framework and (ii) the rapid expansion of industrial parks.

    Upcoming PPP Overhaul

    The Ukrainian Parliament is currently preparing for the second reading of Bill No. 7508, titled On Amendments to Certain Legislative Acts of Ukraine to Improve the Mechanism of Private Investments Attracted under the Public-Private Partnership Mechanism to Accelerate Restoration of Objects Destroyed by War and Construction of New Objects Related to Post-war Rebuilding of the Ukrainian Economy (Bill).

    The Bill was developed under tight deadlines in 2022 to address two main objectives: (i) further enhancing Ukraine’s PPP regulations following the successful reform in 2019, and (ii) establishing a viable and efficient PPP framework for rebuilding efforts. The Bill was adopted in the first reading on October 6, 2022, and has since undergone additional scrutiny and review by both Ukrainian lawmakers and European industry experts.

    Among other changes, the Bill introduces an electronic system for procurement of PPP projects, foresees the development of standard tender documentation and agreements, and makes other general improvements to the framework to align it with industry best practices.

    More significant changes include the categorization of PPP projects into three types: (i) “minor” PPP projects with a value not exceeding EUR 5.538 million, (ii) “rebuilding” PPP projects, and (iii) other types of PPP projects. A key difference here is the removal of the requirement for a feasibility study for “minor” and “rebuilding” PPP projects. Typically, developing a feasibility study takes around a year, so this change will significantly shorten the time needed to prepare such projects for procurement.

    Another major change is the expanded scope of PPP applications, which will also cover residential construction. This expansion aligns with the introduction of rebuilding PPP projects, which focus on restoring war-damaged infrastructure and real estate and benefit from a simplified procurement process. The Bill introduces dedicated lists of rebuilding PPP projects and special commissions responsible solely for organizing tenders and acting as a single point of contact for potential private partners. Additionally, the Bill allows for the shortlisting of private partners to further streamline the procurement process of rebuilding PPP projects.

    These changes are expected to be widely welcomed, as PPPs are considered one of the key tools for the reconstruction of Ukraine’s infrastructure damaged and destroyed during the war.

    Rapid Development of Industrial Parks

    Industrial parks are essential for infrastructure development, offering businesses a centralized space with access to efficient transportation, utilities, and communication networks.

    In recent years, there has been a notable increase in the establishment of industrial parks, with 31 new parks registered in 2024 alone, bringing the total number to 99. This surge in interest can be attributed to the finalization of the legal framework. It now includes comprehensive laws and bylaws, and the attractive benefits that industrial parks offer to their participants. These benefits include full or partial compensation of loan interest rates for the development of industrial parks (unfortunately, this benefit does not apply during the period of martial law), non-refundable financing for park development, and/or compensation for connecting to engineering grids (non-refundable financing), exemptions from corporate income tax, value-added tax, and customs duties, as well as reduced real estate and land taxes.

    The Ukrainian Government allocated approximately EUR 23 million in the 2024 state budget to provide non-refundable financing. Most of these funds have already been distributed across various industrial parks. Although, as of now, the 2025 state budget does not provide funds specifically for non-refundable financing, it allows the government to reallocate income from certain other sources to support this and other forms of state aid.

    Industrial parks are becoming a cornerstone of Ukraine’s infrastructure development, driving investment and economic recovery through their strategic benefits and state support. As the regulatory framework improves and interest continues to grow, industrial parks will play a pivotal role in driving the infrastructure development of the country.

    By Maksym Maksymenko, Partner, and Rostyslav Mushka, Senior Associate, Avellum

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Ukrainian M&A Market Showing Signs of Recovery

    As Ukraine continues to resist the Russian Federation’s invasion, its M&A market in 2024 demonstrates both resilience and adaptability. While the early months of the full-scale war in 2022 likely represented an all-time low for dealmaking, today’s landscape appears far more dynamic. Although reaching and surpassing pre-war levels of activity will take time, the market is showing clear signs of recovery.

    Domestic Buyers and Outbound Ventures

    Ukrainian buyers continue to make their mark across a range of sectors. Local businesses have proven impressively resilient. Rather than merely holding their ground, many are actively pursuing strategic acquisitions in energy, fuel retail, manufacturing, building materials, and agriculture, among other industries. Building on past trends, Ukrainian companies this year continue to look outward. Instead of waiting passively for foreign investment to return, several businesses are exploring opportunities in foreign markets, with Poland and Romania emerging as popular destinations. These outbound transactions serve as a pathway to sustainable business growth.

    Global Defense Companies and Venture Capital: A Growing Footprint

    Another positive development in 2024 is the arrival and expansion of large international defense companies into Ukraine. Global players such as Rheinmetall, KNDS, and Roshel are partnering with local defense firms to set up production and repair facilities. Although still cautious, these strategic moves signal the long-term potential they see in Ukraine’s manufacturing and defense infrastructure. Simultaneously, venture capital interest in the defense technology sector is on the rise. From autonomous systems, drones, and robotics to dual-use technologies, the scope of innovation is broadening. Among the pioneers in this space, MITS Capital, D3 Venture Capital, Green Flag Ventures, and Darkstar are actively investing in Ukrainian defense startups. Deals involving companies like Himera, Swarmer, and Zvook highlight a growing confidence in Ukraine’s ability to deliver technological solutions tailored to the complexities of modern warfare. These funds not only provide essential capital but also foster strategic connections that can help Ukrainian firms scale beyond their home market.

    Telecommunications, Technology, and Real Estate

    Several noteworthy deals have emerged in the telecommunications and real estate sectors. NJJ Holding, the investment firm owned by Xavier Niel, led a consortium on the acquisition of Datagroup-Volia, Ukraine’s leading fixed telecom and pay TV provider, and Lifecell, the third largest telecom operator in Ukraine. Horizon Capital played a major role in getting this deal done, while EBRD and IFC provided USD 435 million in financing for this transaction. Another significant deal is the USD 200 million investment raised by Creatio, a leading no-code platform for automating CRM and enterprise workflows. The round was led by Sapphire Ventures with existing investors Volition Capital and Horizon Capital also participating in the round. These investments show sustained interest in Ukraine’s digital and communication infrastructure.

    In real estate, prominent deals – such as the acquisitions of Parus Business Center and Hotel Ukraine in Kyiv – reflect renewed confidence in the country’s core commercial assets. Similarly, the purchase of West Gate Logistic by the retail chain Avrora demonstrates a growing attention to logistics and supply chain resilience, which has gained particular importance in the current regional security climate. Finally, Dragon Capital acquired the Karavan Outlet shopping mall – the largest outlet destination in the capital – from DCH Investment Management.

    Agriculture

    The agricultural sector continues to show impressive endurance. Strategic acquisitions like MHP SE’s purchase of Ukrainian Meat Farm LLC indicate that businesses are investing not just to weather the storm but to strengthen their overall market positions.

    Banking

    In October 2024, TAS Group, led by Ukrainian businessman Serhiy Tihipko, agreed to acquire 100% of Idea Bank Ukraine from Poland’s Getin Holding for a base amount of USD 34 million, which might signal a renewal of M&A activity in the banking sector as well.

    Conclusion

    Looking ahead, we are cautiously optimistic. While the war has introduced an undeniable layer of complexity and difficulties, Ukraine’s M&A market in 2024 reveals a remarkable capacity for adaptation and renewal. Domestic companies, whether solidifying their presence at home or seeking opportunities abroad, are actively shaping the market’s trajectory. As stability improves, we anticipate a steady return of foreign strategic buyers, adding another dimension to Ukraine’s evolving M&A ecosystem. If these trends continue, Ukraine appears poised for a more vibrant and sustainable economic recovery once peace and stability are ultimately restored.

    By Andriy Romanchuk, Partner, Avellum

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Real Estate in Montenegro – Balancing Between Public Revenue Growth and Investment Appeal

    Montenegro’s real estate sector is undergoing significant transformations due to recent legislative changes and proposed reforms, particularly in the tourism sector. These novelties will impact investors, developers, and most certainly the entire economy of Montenegro, but it remains debatable if the impact will be positive.

    Focusing on tourism, Montenegro has adopted amendments to the Law on Value Added Tax, which will become effective as of January 1, 2025.

    Namely, the amendments introduced the repeal of the VAT rate of 0% for the delivery of products and services for the construction and equipping of facilities in tourism in the category of five or more stars for investment values exceeding EUR 500,000. This change means that such supplies will now be subject to the standard VAT rate of 21%, increasing construction costs for luxury hotel projects. The same amendments included a new VAT rate of 15% for service of accommodation in hotels – more than double compared to the 7% VAT rate that was applicable before.

    It is not without reason that the business community has expressed concerns since these incentives in particular have attracted many large-scale investments in tourism over the past years. These concerns are exacerbated by the current trend of decreasing foreign direct investments while the country faces hardships familiar to many developing countries: inadequate infrastructure and limited connectivity, increasing competition from neighboring countries, complex administrative procedures, etc.

    Furthermore, there are discussions to repeal exemptions related to communal fees for the development of hotels with at least four stars operating under mixed-use and condo models. Currently, Montenegro’s legal framework provides that investors pay a fee for the communal equipment of the construction land only for the accommodation units that are subject to individual sale. The potential changes conflict with Montenegro’s tourism development strategy, with some projects on the verge of feasibility potentially abandoned due to the significant increase in communal fees (amounting to millions).

    The communal infrastructure fee in Montenegro is intended as a bilateral contractual obligation to fund public infrastructure, but it has effectively functioned as a one-time levy on investors for the past three decades. This practice is evident in numerous projects stalled due to incomplete public infrastructure and even legal actions initiated by investors.

    Consequently, in order to avoid delays or even the discontinuation of their projects, investors often find themselves compelled to independently equip their parcels, bearing significant costs for constructing essential utilities and undertaking extensive procedures to secure necessary approvals. Even in such scenarios, local authorities refuse to offset mutual claims, leading to a situation where investors effectively pay twice for communal equipping. On a different note, Montenegro is considering replacing the existing Law on Spatial Planning and Construction of Buildings with two new laws: the Law on Construction of Buildings and the Law on Spatial Planning.

    The drafts were put to public debate in May 2024 and propose reinstating construction and usage permits as a mandatory prerequisite for all construction undertakings (leading to lengthier and more expensive procedures), the decentralization of spatial planning processes, the ability to directly download urban-technical conditions online, etc. Recent discussions suggest that the published drafts have undergone significant changes. Some of them refer to a provision that the preparation of planning documentation in Montenegro will only be entrusted to state-owned companies.

    The laws are expected to be adopted in the upcoming months based on unofficial information, and whereas the new legal solutions may be a step forward, it is particularly noteworthy that all these reforms happen on rather short notice. Considering the aforementioned VAT incentives that were revoked, the potential increase in communal fees, and new legislation, there is no doubt that the state has moved to a more direct approach in order to increase the budgetary revenue.

    In our view, it would certainly be challenging for Montenegro to preserve and attract foreign investments, but the true impact of these changes will only become clear over time.

    By Milos Komnenic, Managing Partner, and Desanka Kotlaja, Senior Associate, Komnenic & Partners

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • New Year, New Tax Adjustments: Montenegro’s 2025 Update

    From September 2024, the Montenegrin Parliament passed a series of tax legislative amendments aligned with the country’s Fiscal Strategy for 2024-2027. Set to take effect on January 1, 2025, these reforms aim to increase budget revenues to offset recent reductions in labor taxes and improve the business environment. The changes affect the Corporate Income Tax Law, Personal Income Tax Law, VAT Law, Law on the Write-off of Interest on Outstanding Tax Liabilities, and Excise Law, focusing on modernizing the tax system and stimulating investments primarily in the agricultural sector.

    One of the changes in the Corporate Income Tax Law is the introduction of incentives for businesses investing in agriculture and sports. Legal entities can now receive tax exemptions when reinvesting profits into agricultural projects or other agricultural entities – an attempt to boost Montenegro’s agricultural sector by reducing businesses’ tax liabilities. Additionally, companies can deduct up to 5% of their total revenue for contributions to national sports federations, supporting sports development in the country. The amendments also include clarifications on deductible expenses, helping businesses better understand what is eligible for tax deductions.

    The Personal Income Tax Law reforms focus on modernizing Montenegro’s tax system by broadening the tax base. A notable feature is the taxation of online activities, gaming, and gambling winnings. Income from these activities will be taxed at a flat rate of 15%, with gambling winnings taxed at the point of payout. This reform targets the rapidly growing digital and gambling sectors and seeks to address the challenges posed by the unregulated freelance economy and the expanding gambling industry. The reform introduces clearer guidelines for taxing occasional income and allows self-employed individuals to deduct up to 3% of income for legitimate business expenses.

    The VAT Law has undergone significant revisions, including the introduction of a second reduced VAT rate of 15%. This rate applies to specific goods and services, such as books, accommodation, and educational services. The first reduced VAT rate of 7% will remain for essential goods and services like food, medicines, and public transportation. Notably, the 15% rate now applies to accommodation services in hospitality establishments defined by tourism laws, as well as food and beverage services in hospitality venues, excluding alcoholic drinks, sugary beverages, and coffee. These changes mark a significant shift in the taxation framework for Montenegro’s tourism sector by virtually doubling the tax burden.

    The reform also removes the zero VAT rate for the construction and equipping of high-end hospitality facilities, energy production facilities, and large-scale food production projects. Additionally, the zero VAT exemption on low-value imports (under EUR 75) has been removed – a measure that the EU implemented in 2021.

    The Excise Law has been revised to enhance excise revenues and improve system efficiency. Key changes include extending excise duties to non-carbonated beverages with added sugar and introducing excise duties on still wines. Additionally, the government adopted the Customs Procedures for Goods Supplying Transport in International Traffic, reintroducing the no-excise policy for private vessels. This policy, which allows private vessels to be supplied with fuel under customs supervision and without import duties before leaving territorial waters, had been abolished in 2022 by the previous administration.

    To stimulate growth in underdeveloped regions, tax reforms encourage entrepreneurship, particularly in agriculture and fisheries. Tax exemptions for businesses operating in these areas aim to promote investment, create jobs, and strengthen local economies. Additionally, the income threshold for simplified taxation has been increased, allowing small businesses and freelancers to benefit from this regime for a longer period.

    Montenegro has also introduced the Law on the Write-off of Interest on Outstanding Tax Liabilities to ease the burden of overdue tax debts. Under this law, taxpayers can have interest on tax liabilities waived if they submit all tax returns due by December 31, 2024, and pay the full principal tax debt within 60 days from the law’s effective date (January 1, 2025). This provision encourages timely tax payments and supports businesses and individuals in resolving financial difficulties.

    The 2024-2025 tax reforms are part of a broader effort by Montenegro’s government to expand its tax base and offset budgetary losses from labor tax reductions. By modernizing the tax system and introducing targeted incentives, these reforms aim to stabilize government revenues and encourage economic growth. The government is also taking additional measures and planning further steps to transform the tax system, focusing on improving monitoring systems. While the full impact of these changes remains to be seen, they represent a promising move toward enhanced fiscal stability and a more efficient tax framework

    By Ivan Pejovic, Partner, KBP Legal

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • The Debrief: January, 2025

    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

    Peterka & Partners Partner Adela Krbcova highlights recent amendments to the Czech Employment Act that took effect on January 1, 2025. “The start of the new year brought several changes to the Czech labor agenda with effect as of January 1, 2025,” she notes. To name a few, “the minimum gross salary increased to CZK 20,800 for standard full-time employment. The hourly minimum salary for 2025 is set at CZK 124.40,” Krbcova highlights. “The threshold for mandatory social security and health insurance contributions under agreements on work performance is CZK 11,500 and agreements on working activity and small-scale employment CZK 4,500.”

    Additionally, “the lump-sum compensation for telework costs is CZK 4.80 per each commenced hour of telework,” Krbcova reports. “Rates of basic compensation for the use of road motor vehicles and meal allowances and on determining the average price of fuel for the purposes of providing travel allowances also changed.” She notes that “employee health benefits up to CZK 46,557 and other non-monetary benefits (such as leisure time benefits) up to CZK 23,278.50 are tax-exempt and not subject to social security and health insurance contributions in 2025. The costs are treated as tax-non-deductible costs by the employer.”

    The Employment Act, Krbcova emphasizes, “strengthened the powers of labor inspectors when performing inspections by enabling them to make audio, visual, and audio-visual recordings without consent if the purpose of the inspection cannot be achieved otherwise. They also can, in certain cases, request information on an inspected employer from the tax administration.”

    In Austria, “as of December 30, 2024, the European Union’s Markets in Crypto-Assets Regulation (MiCAR) is fully applicable,” Act Legal WMWP Partner Roman Hager underlines. “The Austrian Financial Market Authority (FMA) now oversees the crypto market, aiming to enhance integrity, transparency, and reliability in this rapidly evolving sector.”

    MiCAR, according to Hager, “introduces specific rules for asset-referenced tokens (ARTs) and e-money tokens (EMTs), commonly known as stablecoins. Issuers of these tokens must adhere to strict supervisory requirements, including a sound capital base, redemption rights, and comprehensive white papers detailing the tokens’ features and associated risks. These measures are intended to ensure stability and robust consumer protection.” For other crypto-assets outside the ART and EMT categories, he adds that “MiCAR mandates the provision of clear and reliable white papers. These documents must be accessible to investors, offering transparent information about the assets’ technical foundations, economic rationale, risks, and the rights of participants. The FMA has underscored the necessity of ensuring that this information is fair, clear, and not misleading.”

    The regulation “also intensifies actions against unauthorized providers and crypto-related fraud,” Hager notes. “Enhanced transparency and stricter enforcement measures aim to deter investment fraud, money laundering, and other dubious practices. Unauthorized entities operating without requisite approvals will face severe sanctions, supported by ongoing collaboration between Austrian and international supervisory authorities.”

    “In tandem with MiCAR, the Digital Operational Resilience Act (DORA) comes into effect on January 17, 2025,” Hager says. “This regulation enhances IT security and operational resilience for financial market participants, including crypto-asset service providers. Under DORA, providers must implement advanced technical security measures, conduct regular stress tests, and maintain contingency plans to safeguard operations against cyber threats and system disruptions. Together, MiCAR and DORA aim to deliver not only greater transparency and confidence in the Austrian crypto market but also a technologically secure and resilient environment.”

    Finally, Hager says that “the European Securities and Markets Authority (ESMA) has issued several warnings regarding the risks associated with crypto-assets. In December 2024, ESMA cautioned investors about the highly volatile nature of crypto-assets, noting that recent surges in value could be short-lived and emphasizing the potential for significant financial loss.”

    For Greece, Drakopoulos Senior Associate Sofia Angelakou draws attention to the new law transposing EU standards on corporate sustainability reporting. “On December 12, 2024, Law 5164/2024 (Law 5164) entered into force,” Angelakou notes. “Specifically, the provisions of Law 4548/2018 relating to the annual management report have been amended to provide for the obligation of an in-scope entity to prepare, as part of its annual management report, a sustainability report, which shall include information necessary to understand its impacts on sustainability matters and information to understand how sustainability matters affect its development, performance, and position (the so-called ‘double materiality’ concept).”

    Angelakou adds that “these provisions apply to all large undertakings as well as to small and medium-sized undertakings that are public-interest entities, to all undertakings that are parent undertakings of large groups, and to subsidiary undertakings and branches of undertakings which are governed by the laws of a third country, provided that they fall within the scope of article 11 of Law 5164, which added article 154B to Law 4548/2018.” Additionally, “failure to include the required sustainability-related information in the annual management report may lead to criminal sanctions for the members of the board of directors (imprisonment of up to three years or penalty ranging from EUR 5,000 to EUR 50,000) and for the auditors and audit firms or independent providers of assurance services that give false opinions (imprisonment of up to three years or penalty ranging from EUR 10,000 to EUR 100,000 or both). Administrative fines shall also be imposed in case of non-compliance.”

    This House – Reached an Accord

    Jalsovszky Partner Tamas Feher highlights significant changes to the costs of litigation in Hungary. “Two recent legal reforms in Hungary address litigation costs and court fees, significantly impacting civil and administrative proceedings,” Feher notes, adding that the reforms relate to attorney fees and court filing fees.

    As for attorney fees, “around mid-2024, Hungary’s highest court, the Kuria, overhauled prevailing practice, by requiring the losing party in lawsuits to fully compensate the winning party’s attorney fees, with exceptions allowed only in extreme cases,” Feher says. “In response, the Ministry of Justice introduced a new regulation (No. 17/2024. (XII. 9.)), effective February 2025, aligning with the Kuria’s directive while also refining it.” Key points, Feher underlines, include that “attorney fees can be claimed either by filing the engagement agreement concluded with the lawyer or a percentage-based system tied to the lawsuit’s value,” and “courts can reduce fees only under specific, justified circumstances, such as unnecessary or disproportionate claims, with a maximum reduction of 50%, bar extreme cases.” He stresses that detailed reasoning is now required for court decisions on fee adjustments. “This reform discourages litigations initiated in bad faith and ensures the recovery of the actual costs – also in administrative cases against government authorities.”

    The Hungarian Parliament has also adopted a new tiered system for “first instance court filing fees, replacing the flat 6% rate with a degressive scale that removes the previous fee cap of HUF 1.5 million,” Feher notes. Consequently, “lower-value cases will become cheaper to initiate. For example, a HUF 10 million lawsuit will cost HUF 489,500 instead of HUF 600,000.” On the other hand, “high-value cases will see substantial increases,” he notes, as “a HUF 100 million case will rise from HUF 1.5 million to over HUF 4 million.” Feher believes that “the reform is likely to raise the attractiveness of arbitration, and incentivizes thorough case preparation. Together, these changes ensure equitable cost recovery for litigants while modernizing court fee structures, potentially reshaping Hungary’s dispute resolution landscape.”

    In the Works

    The major update in Bulgaria’s energy sector, according to CMS Sofia Managing Partner Kostadin Sirleshtov, is Shell and Toshiba re-entering Bulgaria with two major contracts. “At the end of 2024, the Bulgarian government announced that Shell Exploration & Production will be awarded the exploration agreement for Block 1-26 Tervel,” he notes. “Block 1-26 Tervel has an area of over 4,000 square meters and is located south of the Khan Asparuh block, in which OMV already drilled three wells and continues with its exploration campaign. The block is also next to the Turkish blocks where the Turkish state is currently producing 4 million cubic meters per day from the Sakarya discovery and the Neptune deep discovery, for which OMV Petrom and Romgaz have made a final investment decision and are expected to have a total volume of around 100 billion cubic meters of natural gas.”

    Additionally, at the beginning of 2025, “Toshiba International (Europe) Ltd. signed a long-awaited agreement with the Bulgarian National Electricity Company on the repair and rehabilitation agreement for Pumping Storage Hydro Power Plant (PSHPP) Chaira Unit 1,” Sirleshtov explains. “PSHPP Chaira is infrastructure of paramount importance, part of the major Belmeken-Sestrimo-Chaira Hydropower Cascade. PSHPP Chaira has a generating capacity of 864 megawatts and a pumping capacity of 788 megawatts. Units 1 and 2 have been in operation since 1995, and at that time, Chaira was the largest pumped-storage plant in Southeast Europe with the highest head in the world for a single-stage pump turbine. Units 3 and 4 came online in 1999. Toshiba Energy Systems & Solutions Corporation is the manufacturer and supplier of the equipment for Chaira PSHPP and the owner of the technical and design documentation for the project. This necessitated the award of the repair work to the original manufacturer.”

    Done Deals

    For Serbia’s banking and finance sector, ZSP Advokati Partner Jelisaveta Stanisic draws attention to the increased number of deals concluded in 2024. As for the factors behind “companies trying to refinance their existing loans to lock in better rates,” as well as “new project financing deals moving forward quickly,” and “previously delayed deals coming back to life,” Stanisic draws attention to a decrease in interest rates. “While not every deal managed to close before the year ended, December’s busy period points to a much more active start for 2025,” she continues. “Many deals that started in late 2024 are likely to be completed in early 2025, especially if interest rates stay at these more attractive levels.” Additionally, the “end of 2024 also marked the emergence of new funding sources in Serbia – domestic corporate bonds,” Stanisic emphasizes. “This suggests that corporate treasurers would soon be adding new instruments to the debt mix.”

    Regulators Weigh In

    Nestor Nestor Diculescu Kingston Petersen Partner Anca Diaconu highlights that the beginning of 2025 in Romania was marked by a public consultation on foreign direct investment screening. “The Romanian Competition Council – which, notably, also has a role to play in foreign direct investment screening (i.e., Secretariat of the Commission for the Screening of Foreign Direct Investments) – opened the year by announcing a public consultation concerning the corporate restructuring of Warner Bros. Discovery, Inc. (WBD), currently subject to scrutiny under the FDI regime,” Diaconu explains. “As per the authority’s communique, the restructuring will lead to an indirect change in the (top) ownership structure of WBD’s Romanian subsidiary, via the introduction of a new shareholder.” Diaconu adds that the public consultation was unsurprising, “considering that certain investments in mass media are subject to such procedure pursuant to Government Emergency Ordinance no. 46/2022.” Still, “the move is yet another example of an internal restructuring undergoing screening from a national security perspective,” she notes. “Stakeholders are invited to submit their observations until the end of the month. It will be interesting to see whether concerns are raised and, if so, what they would look like, especially in light of the particularity of the investment i.e., restructuring.”

    Greenberg Traurig Associate Malgorzata Czarnecka highlights the evolving landscape of RES financing in Poland. “At the close of December, the President of the Energy Regulatory Authority (ERA) announced the details and summary of the 2024 auctions for procurement of electricity from renewable sources,” she notes. “In Poland, the auction support system is designed to promote the development of renewable energy by providing financial incentives to producers.” Projects covered by the auction system “were and are eagerly financed by lenders, as they offer a moderately reliable income stream, achieving peak popularity from 2019 to 2021.” 

    “However, in recent years, we have observed a decline in the number of RES financing transactions involving projects based on the auction system, and figures released by ERA seem to support this trend,” Czarnecka highlights. “The President of the ERA reports that the auctions successfully concluded in 2024 cover in total 16 terawatt-hours of electricity with a projected value of PLN 5.1 billion, representing only 36% of the green energy intended for sale by the ERA in 2024. This outcome confirms the ongoing trend of investors opting for alternatives to the auction system, with power purchase agreements, including corporate PPAs, being the most favored choice. Given the low interest in the auction system in 2024, we anticipate that the majority of RES financing transactions in the Polish market this year will involve PPA-based projects.”

    “Considering the growing demand for green lending, project finance transactions would likely follow this trend, encouraging lenders to focus on financing other renewable energy technologies,” Czarnecka says.

    This article was originally published in Issue 11.12 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Guest Editorial: Legal Services Market Trends in CEE

    I have now spent more than 25 years in the legal advisory business world. With my core focus on cross-border M&A transactions for Austrian and international clients and having worked on many deals that also covered the Central and Eastern Europe (CEE) region, I have witnessed lawyering in CEE register remarkable growth and sophistication over the past years.

    International standards are now prevalent, particularly in M&A transactions and regulatory compliance. Many CEE countries are witnessing economic growth, which has positively impacted demand for legal services, especially in sectors like technology, real estate, life sciences, industrials, and energy. Here are some key trends and developments:

    A Maturing Legal Market

    The legal industry in CEE has rapidly developed since I started working in the late 90s, with law firms growing (in revenue, fees per fee earner, and headcount) and becoming more and more specialized. Many US and UK law firms have set up offices in the region, playing an active role in the legal market by transferring knowledge, training the younger generation (partially also abroad), and introducing best practices. In the CEE region, international law firms have significantly shaped the market, but domestic firms have also grown in prominence. These local firms offer deep insights into regional markets, are often politically well-connected with local peers, and are regularly very cost-effective for clients. While international law firms are prominent, there is also a rise in the stature of local or regional firms. Many domestic firms are gaining reputations for their understanding of local markets, making them key players in CEE’s legal landscape.

    Focus on Compliance and Regulatory Law

    In recent years, regulatory law has become a prominent area of focus, driven by the EU’s growing influence on Member States’ legal frameworks. This includes matters related to the GDPR, competition law, anti-money laundering, and energy regulations. CEE countries that are part of the EU must comply with the European legal framework, which has increased demand for legal expertise in these areas. The latest regulatory regime to handle is the EU sanctions rules against Russia introduced as a result of the war in Ukraine.

    Energy Transition and Infrastructure Development

    Another noticeable trend is the increased legal support required for infrastructure and energy projects, particularly in renewable energy. With governments across the CEE region prioritizing sustainability and climate-related initiatives, law firms are increasingly advising on energy transition projects, particularly in wind, solar, and hydropower projects.

    Legal Tech and Digitalization

    The rise of legal technology is also being felt in CEE. While still developing, there is a growing interest in legal tech solutions, including e-discovery tools, contract automation, and AI-based legal research tools. Law firms are increasingly leveraging technology for efficiency, including AI tools for document review in due diligence processes in the M&A world as well as management systems to streamline operations.

    Private Equity and M&A Activity

    Another very active area for legal professionals in CEE is advising on mergers and acquisitions. Many global and regional private equity firms are actively investing in CEE, leading to a high demand for legal services in corporate and M&A law, tax structuring, and due diligence exercises.

    In particular, Austria-based players benefited a lot in the past from the strength and growth of the CEE region – especially the large financial institutions and insurers. Regarding the law firms, I believe those that are most integrated and can, therefore, offer seamless advice across the CEE countries will continue to be highly successful.

    By Christoph Mager, Country Managing Partner, DLA Piper Austria

    This article was originally published in Issue 11.10 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • The Corner Office: New Practice Development Strategy

    In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. This time around we turn our attention to setting up new practices and ask: When launching a new practice, what is your go-to strategy – do you look at internal team members to spearhead it, or are you more likely to turn to lateral hires? Why?

    Irena Georgieva, PPG Lawyers, Bulgaria: As PPG Lawyers is a boutique law firm focused on regulatory matters we primarily work with high-level experts in specific fields. Typically, these are members of our team who possess expertise in multiple areas, such as personal data protection, cybersecurity, AI, or, for example, competition law, consumer protection, and public procurement. We also maintain a network of external consultants with specialized knowledge in areas that are less frequently requested by our clients. However, we are prepared with trusted professionals who are familiar to us and whom we rely on.

    For this reason, my first preference is to assign someone from our team if the new practice area aligns with their expertise. If that’s not feasible, I would turn to our Of Counsels. Only as a third option, and after a thorough market analysis and assessment of needs, would I consider hiring new people.

    We promise our clients a level of expertise well above the industry average in the specific areas we consult on and ensuring that a new hire is fully prepared to take on a client is becoming an increasingly challenging task. Therefore, we are cautious in bringing on new talent until we are confident in their capabilities.

    Lukas Michalik, Ments, Slovakia: When launching a new practice, our strategy at Ments is to primarily turn to lateral hires. The main logic is that spearheading a practice requires not only subject matter expertise but also proven experience in running a practice and managing a client portfolio. Internal team members, while highly skilled, often lack the experience needed to lead a new practice from the outset or are preoccupied with other practice areas.

    Lateral hires bring a significant advantage in that they typically come with established client relationships, which can immediately benefit the new practice. This approach helps ensure that the practice gains momentum quickly and contributes to the firm’s growth from day one. Additionally, lateral hires often have industry insight and networks that provide fresh opportunities for expansion, making them more likely to enhance our firm’s turnover possibilities. This combined value of leadership experience and client acquisition makes lateral hires the preferred choice for Ments when launching a new practice.

    We have just opened a new dispute resolution practice group through the lateral hire of a new team from another law firm. We thus put our hypothesis to test – ask me in one or two years, how it went.

    Kostadin Sirleshtov, CMS, Bulgaria: Usually, the official launching of a new practice is preceded by actual work on such matters provided by other practice groups. In such cases, we would always go for internal candidates for the job and promote them. This is what we did for the recent employment sub-team and the expansion of our real estate team.

    There are also situations where you need to start a new practice group from scratch and the current team lacks sufficient skills and experience. This is when we source externally. A few years back we had to establish our tax team and given the limited experience that the current team had, we went for a lateral hire.

    So far, we have not regretted either of these decisions.

    Mykola Stetsenko, Avellum, Ukraine: At Avellum we always begin by evaluating our internal team members. Our firm is deeply committed to fostering growth from within, and we believe in creating opportunities for our existing lawyers to take on leadership roles. When launching a new practice, we see it as an ideal platform to develop and challenge talented individuals who have demonstrated the potential to step up.

    This approach aligns with our long-term strategy of nurturing future Partners from within our ranks. In fact, when a new practice area shows significant potential for growth, it can create a strong case for an internal team member to eventually rise to partnership. By doing so, we ensure continuity in our firm’s culture and values, as those promoted have a deep understanding of our ethos and operational standards.

    That said, in cases where specific expertise or market needs are required that we do not possess internally, we are open to lateral hires. But our priority remains to empower our own people to grow, as they are already integrated into our firm’s vision and are often best positioned to lead new initiatives with a sense of loyalty and commitment.

    Ivana Ruzicic, PR Legal, Serbia: When launching a new practice, our go-to strategy is to prioritize our existing team members. We firmly believe in supporting organic growth and development within our firm. By empowering our current colleagues to expand their skills and interests, we not only enhance their professional journeys but also enrich the value of our services.

    Our approach fosters a culture of continuous learning and improvement. We encourage team members to pursue advanced training, explore new areas of law, and take on leadership roles in emerging practices. This cultivates a sense of ownership and commitment among staff and ensures that our clients benefit from a team that is both knowledgeable and passionate about their work.

    Clients recognize and appreciate this dedication, as it translates into tailored, high-quality legal services that meet their diverse needs. While lateral hires can bring fresh perspectives, our priority remains on nurturing the talent we have. By investing in our team’s growth, we build a resilient and adaptive practice that is well-positioned for the future.

    Pal Jalsovszky, Jalsovszky, Hungary: Choosing the right candidate from an internal pool would, obviously, be the optimal solution. But it rather works the other way around. We realize that one of our senior lawyers has gained a special expertise in a given field and then we build the new practice line around them.

    In other cases, we are just lucky. We have in the back of our mind the idea to open a new service line and the ideal (and open) candidate just appears on our horizon. Unfortunately, it rarely happens.

    The most difficult exercise is to build a new practice with no one on board. You will need to dig into long lists prepared by headhunters, conduct long interviews, analyze the candidates, and hope that you will succeed in the end. In the legal profession, it is extremely difficult to move someone from their current senior position. You need to have ideal timing, an aptitude for financial investment, and a good persuasive power.

    Akos Fehervary, Baker McKenzie, Hungary: At our firm, our team members always look for new trends and opportunities, engage in extensive discussions with market participants, and are keen to learn about new developments. This often results in the creation of new service lines or practices based on market input. We also focus on streamlining the relevant expertise and industry knowledge of our practices and practitioners. This approach not only allows us to build on existing relationships and trust within the firm but also aligns with our philosophy of nurturing homegrown talent. We believe that investing in our team’s professional growth creates stronger, more cohesive practices.

    For example, we recently formulated a dedicated compliance & investigations practice, which will be led by the lead attorney of our employment practice – Nora Ovary-Papp. Nora has already built a reputation within the firm and among our clients for handling complex regulatory issues, making her the ideal choice to drive this new practice forward. She is coordinating the work and knowledge sharing within other relevant practices, such as competition law, tax, and data privacy, which have also gained significant experience in such matters and can strengthen each other to provide comprehensive services to clients.

    Tomas Bagdanskis, Widen, Lithuania: When launching a new practice, my go-to strategy is to prioritize internal team members over lateral hires. This approach stems from a deep understanding of our existing talent and their capabilities. By focusing on our team, we not only leverage the skills and knowledge of individuals we already know, but we also foster a culture of growth and development within the firm.

    Promoting internal team members to lead new initiatives provides them with opportunities to reveal their potential and take on new challenges. This not only boosts their confidence but also enhances their commitment to the firm. It reinforces our culture of continuous learning, encouraging other team members to pursue their own professional development.

    Moreover, internal candidates are already aligned with the firm’s values and objectives, which can lead to smoother implementation of new practices. They possess institutional knowledge that can be invaluable in navigating the complexities of a new initiative.

    While lateral hires can bring fresh perspectives and expertise, I believe that nurturing our existing talent is a more sustainable strategy for long-term success. By investing in our team, we cultivate leaders from within and create a more cohesive and resilient organization that is adaptable to change.

    Michal Konieczny, KWKR, Poland: When launching a new law practice, I strongly prefer entrusting the task to a proven internal expert. This approach offers significant advantages over hiring externally.

    An internal candidate intimately understands the firm’s specifics, procedures, inter-practice cooperation, and relationships with support teams. This accelerates the implementation process and enables faster market entry. They also grasp the nuances of resource management within the firm, crucial for developing a new area.

    Knowing the individual’s strengths and weaknesses allows for tailored organizational support, optimizing their talents, and minimizing potential difficulties. Their established internal network facilitates cross-practice collaboration and increases operational efficiency.

    Choosing an external candidate risks cultural misalignment and a longer adaptation period, potentially delaying the practice launch and incurring additional costs. A new hire would need time to learn both industry specifics and organizational functioning.

    Ultimately, assigning an internal team member leverages synergies between existing practices and the new area, crucial for the firm’s overall success. They can more easily identify cross-selling opportunities and build a comprehensive client offering. This approach should be viewed as a natural step in professional development, with the new practice introduction resembling evolution rather than revolution.

    Octavian Popescu, Popescu & Asociatii, Romania: When launching a new practice, we consider the available resources. As a partner who has navigated similar decisions, I believe both internal promotions and lateral hiring have unique advantages, and the decision should be aligned with the firm’s long-term goals.

    Internal promotions have a major advantage due to a proper understanding of the firm’s culture, clients, and internal processes. We prioritize internal team members because this approach fosters loyalty, rewards dedication, and encourages organic growth. Having developed alongside the firm, they are aligned with our values and operational methods. Additionally, internal promotions motivate the entire team, creating a sense of progression.

    However, we remain open to lateral hires when there is a need for specialized expertise that we currently lack or when entering highly competitive sectors where a proven track record is essential. Also, bringing in external talent can offer fresh perspectives, industry insights, and client networks that accelerate growth. Ideally, we are looking for a balance: building on internal talent while complementing with strategic lateral hires.

    Thus, the decision depends on the firm’s goals, available internal expertise, and competitive landscape of the practice area. By carefully assessing all factors, we ensure the new practice is launched effectively and positioned for long-term success.

    Bogdan Gecic, Gecic Law, Serbia: Our approach is centered on fostering and expanding talent within our internal team. We have cultivated a strong culture of excellence, and providing opportunities for our team members to grow with us and step into leadership roles is integral to maintaining this ethos. By investing in our team and prioritizing internal development, we empower leaders who deeply understand our firm’s approach, which accelerates the successful launch and growth of new practices. This also allows for seamlessly integrating our values into new practice areas, maintaining consistency, and upholding our high standards of client service.

    While our focus remains on internal development, we recognize that lateral hires may be necessary in some instances. When a new practice requires highly specialized expertise or a unique perspective that we do not have internally, bringing in an external professional can add immediate strength and innovation required to drive and develop the practice successfully. However, such decisions are always made with a strategic, long-term vision to ensure sustainable growth and the enduring success of the firm.

    Slobodan Doklestic, Doklestic Repic & Gajin, Serbia: When it comes to launching a new practice, my go-to strategy is to look at our internal team members first. We have a wealth of talent and expertise within our firm, and we prioritize recognizing and leveraging these internal strengths. By doing so, we foster a sense of growth and opportunity among our existing team members, which not only boosts morale but also ensures a seamless integration of the new practice within our firm’s culture and values.

    However, there are instances where lateral hires become necessary, especially when we need to bring in specialized knowledge or experience that is not readily available within our current team. In such cases, we carefully select individuals whose skills and values align with our firm’s vision.

    In summary, our first choice is always to empower our internal team members, as we believe in nurturing and developing our own talent. But we also remain open to lateral hires when the situation calls for it, ensuring we have the right expertise to deliver the best results for our clients.

    Timur Bondaryev, Arzinger, Ukraine: While introducing new practice areas/industries our first choice is always internal resources. We strongly believe that this is the most natural and right approach, given that “insiders” much better understand the culture of the firm, internal policies and politics, goals, and strategy and are generally much more integrated. There is much more trust in internal team members, and we have managed to develop a culture, where people are not afraid to challenge themselves, helping the firm to boost the turnover, expand its presence on the market, and increase the market share. In such a case the ROI should be much more predictable.

    Having said this, in some cases, it’s worth considering lateral hires, especially if a unique practice area is on the table and there is no relevant internal track record, or if rapid growth in available practice areas of the firm is anticipated and lawyers already in the team are not ready yet to embrace the expected swift expansion.

    To avoid misunderstanding, Arzinger has always been very open to laterals, moreover, our immense growth all across the sectors and practice areas over the last years originates from lateral hires.

    Panagiotis Drakopoulos, Drakopoulos, Greece: We would opt for a combined strategy, leveraging the positive aspects while minimizing the weaknesses of both approaches.

    As a matter of fact, in the context of our continuous strive to stay at the forefront of developments, we recently launched our new data and digital practice, which now includes cybersecurity and AI and technologies, in addition to our existing privacy and TMT workstreams.

    We decided to both make lateral hires and allocate internal resources to the new team: the new hires, led by one of the very few experts in the field both in Greece and the wider region, combining legal and technical knowledge – a rarity in our profession – have provided our firm with a significant competitive edge. Additionally, integrating existing team members into the new practice has infused the team with essential qualities, ensuring a smooth integration within Drakopoulos.

    This article was originally published in Issue 11.10 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • La Grande Nouvelle Du Jour: Serbia and France Sign Transformative Agreements

    Serbia and France recently deepened their bilateral relations by signing multiple strategic agreements during French President Emmanuel Macron’s visit to Belgrade. These agreements span multiple sectors and are poised to have profound impacts on Serbia’s economy, business environment, and legislative landscape. Doklestic Repic & Gajin Partner Slobodan Doklestic and NKO Partners Partner Petar Orlic look at these agreements and their anticipated effects.

    Strategic Agreements Sealed

    During President Macron’s visit, 11 strategic agreements were signed between Serbia and France, focusing on enhancing cooperation in sectors such as defense, infrastructure, energy, ecology, and technology.

    “The agreements are very significant for Serbia,” Doklestic begins. He goes on to say they include a “Memorandum of Understanding between the Government of Serbia and the French Development Agency regarding mutual cooperation, Annex 2 to the Agreement between the Government of Serbia and the Government of France on cooperation in implementing priority projects in Serbia, and a contract for the procurement of Rafale aircraft and associated goods and services.”

    These agreements focus mainly on “defense, infrastructure, technology, and cultural exchange,” Orlic explains. “Among these, the defense cooperation agreement stands out, as it aims to enhance military collaboration and facilitate technology transfer. Additionally, there are agreements related to infrastructure projects that will address transportation and energy needs.” Orlic believes that these initiatives “mark a significant step in deepening the economic and political relationship between Serbia and France.”

    Strengthening Existing Ties

    The strengthened relations between Serbia and France align with Serbia’s strategic economic and political objectives, particularly its path toward European integration and attracting foreign investment. These agreements aim to enhance bilateral relations and bring mutual benefits to both nations.

    “The establishment of good and strong relations between the two countries was confirmed back in 2011 when Serbia and France signed the Agreement on Strategic Partnership and Cooperation,” Doklestic explains. “In the following years, there has been a noted rise in the relations between these two nations. President Macron’s visit, along with the signing of bilateral agreements in the fields of energy, defense, and ecology, is yet another confirmation of the good cooperation and mutual support between the two countries.” According to Doklestic, Serbia needs strong relations and support from major economies like France to “strengthen its market and continue its path toward Euro-integration. We view the cooperation between the two countries as highly beneficial for both sides – this will further stimulate the interest of French companies in investing and doing business in Serbia.”

    Echoing Doklestic’s sentiment, Orlic highlights the mutual benefits and strategic importance. “For Serbia, these agreements are crucial for attracting foreign investment, especially from EU nations, which can help drive economic growth and modernization. In the first seven months of 2024, FDI inflow to Serbia amounted to EUR 2.8 billion, which is 7.2% higher compared to the same period of the previous year. Serbia wants to carry on in that direction and entice more French FDI which, according to the latest figures, was 8.5% of the overall total FDI in 2023. It also bolsters Serbia’s position in a complex geopolitical landscape,” he explains.

    “For France, these treaties symbolize a commitment to promoting stability in the Balkans, which is essential for regional security,” Orlic adds. “The expected benefits are mutual; increased trade, investment opportunities, and stronger cultural ties will help both nations grow closer.”

    Hopes for Economic Boost

    The agreements are expected to have significant short-term and long-term impacts on Serbia’s economy and business environment, particularly in sectors like defense, infrastructure, technology, renewable energy, and ecology.

    “The agreements contribute to strengthening the economic cooperation between the two countries,” Doklestic states. “French companies will be engaged in various long-term infrastructure projects of significant importance to Serbia and its citizens. Overall, the agreements will largely assist Serbia’s ecological and energy transition, which is crucial for the country.”

    Orlic agrees, adding that “in the short term, sectors such as defense and infrastructure are likely to see a boost from new investments, leading to job creation and economic activity. Looking to the longer term, these treaties should help diversify Serbia’s economy, particularly through advancements in technology and innovation.” He believes the most influence will be noticed “in areas like defense technology, renewable energy, and transportation infrastructure, which will be vital for sustainable growth.”

    Sustainability and Innovation

    The agreements include specific legal provisions aimed at promoting sustainable development, environmental protection, and technological innovation in Serbia.

    Annex 2 of the Agreement between the Government of Serbia and the Government of France on cooperation in implementing priority projects in Serbia outlines numerous projects and their execution within Serbia,” Doklestic points out. “Among others, the projects include those that will contribute to environmental protection and the strengthening of artificial intelligence infrastructure. Especially, with significant financial support from France, Serbia will make substantial investment in a wastewater treatment and management system in Veliko Selo.”

    Orlic adds that the agreements contain “important legal provisions aimed at promoting sustainable development and environmental protection. For example, there are commitments to adhere to international environmental standards and initiatives to support renewable energy projects. This focus on sustainability aligns Serbia with global best practices and shows a commitment to responsible development.”

    Regulatory Overhaul Incoming

    The implementation of these agreements is expected to influence regulatory oversight in sectors such as defense, leading to the adoption of new legislative measures.

    “It is certain that these agreements between Serbia and France will facilitate the adoption of new legislative measures that will ensure the implementation of agreed projects,” Doklestic mentions. “Presumably, there will be a series of international loan agreements, which will be ratified in the Serbian Parliament and which will directly designate certain French companies that will be involved in the respective projects,” he posits.

    “Regarding regulatory oversight, these agreements are likely to foster and encourage the enhancement of frameworks in sectors like defense and infrastructure,” Orlic notes. “Several analysts anticipate the introduction of legislative measures that will introduce stricter procurement processes and improve transparency. These steps will not only ensure compliance with regulations but also boost investor confidence in Serbia’s business environment.”

    Finally, the treaties may also lead to changes in labor laws, intellectual property rights, and trade regulations in Serbia, aligning them more closely with international standards. This harmonization is expected to enhance Serbia’s competitiveness and attractiveness to foreign investors. “Expectantly, these agreements will lead to further harmonization of Serbian laws with the EU acquis communautaire,” Doklestic says. “This will unequivocally affirm France’s support for Serbia’s Euro-integration.”

    “The treaties are expected to motivate the Serbian government to bring about potential changes in labor laws, intellectual property rights, and trade regulations,” Orlic provides further insight. “A variety of experts expect to see revisions to labor laws to align them with international standards and adapt to new business practices, which will help create a more competitive workforce. Additionally, strengthening intellectual property rights will be crucial for attracting technology investments.” Orlic stresses in conclusion that “trade regulations might also see adjustments to streamline processes and enhance integration with France, ultimately making Serbia more competitive in the global market.”

    This article was originally published in Issue 11.10 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.