Category: Serbia

  • JPM Assists with Project Dedicated to Improving Serbia’s Dual Education System

    JPM Assists with Project Dedicated to Improving Serbia’s Dual Education System

    Based on Memorandum of Understanding signed by Serbia’s Ministry of Education, Science and Technology, Serbia’s Chamber of Commerce & Industry, Austria’s Federal Foreign Ministry, Austria’s Federal Economic Chamber, JPM has provided support to a project dedicated to develop the dual education system in Serbia.

    Companies from Austria, Germany and Belgium, which had been invited to participate by Austria’s Federal Economic Chamber, invited students to work as apprentices on their premises, providing the students “a chance to become familiar with corporate culture in these companies, including health, safety, and other corporate/regulatory procedures.”

    According to JPM, “through solutions JPM created as part of this project, the student apprentices have started their occupational development, coming a step closer to achieving their professional success.”

  • JPM and Schoenherr Advise on I.KOM Takeover by SBB

    JPM and Schoenherr Advise on I.KOM Takeover by SBB

    JPM has advised the sellers of I.KOM, one of the largest cable TV, broadband Internet, and telephone industry providers in Serbia, on its takeover by SBB. The identities of the sellers — three SPVs ultimately owned by three private individuals — was not disclosed. Moravcevic Vojnovic and Partners in cooperation with Schoenherr advised SBB on the takeover.

    After a complex and lengthy investigation procedure conducted by the Serbian Competition Commission, the transaction was conditionally approved in early April (as reported by CEE Legal Matters on April 3, 2017, Karanovic & Nikolic played a significant role in that process) and closed in late April 2017. 

    Partners Marko Jovkovic and Jelena Gazivoda led the JPM team advising on the M&A, while Partner Nikola Poznanovic advised on Competition law aspects of the transaction.

    The Moravcevic Vojnovic and Partners in cooperation with Schoenherr team included Partners Slaven Moravcevic, Milos Lakovis, and Srecko Vujakovic, Attorney at Law Dijana Grujic, and Associate Aleksandra Petrovic.

     

  • The Buzz in Serbia: Interview with Milan Samardzic of Samardzic Oreski and Grbovic

    The Buzz in Serbia: Interview with Milan Samardzic of Samardzic Oreski and Grbovic

    “There is quite a lot going on, on both the political and economic sides” says Milan Samardzic, Partner at Samardzic Oreski and Grbovic law firm in Belgrade, although he concedes that, in the period leading up to the recent April 2 election (which resulted in the election of Prime Minister Aleksandar Vucic to President), much work has been put on hold. Indeed, Serbia has gone through two straight years of elections, Samardzic points out, causing the country a more extensive period of inactivity than might otherwise have been expected.

    The privatization of the Nikola Tesla airport in Belgrade, for instance, which is expected to generate some EUR 400 million for Serbia, has been delayed, though Samardzic expects it to move forward soon, and the Telecom Serbia privatization has “disappeared into the election mists for the time being.”

    Still, with the presidential elections over – and a Prime Minister set to be appointed in few months’ time – Samardzic believes things will pick up soon.

    And indeed, even against the background of two years of elections, Samardzic emphasizes, business has picked up slightly, especially in the number of transactions, and he reports that “we have been extremely busy in the first half of the year.” Samardzic notes that when the global economic crisis hit in 2008, it didn’t affect Serbia immediately and directly until a couple of years later, so he thinks a similar lag-time may be affecting the recovery, and he expects to see a continued strengthening of the economy in the years to come.

    Samardzic rejects the suggestion that Serbia – despite its traditional ties with Russia – is unduly affected by problems in the Russian economy, noting that Russia is a significant trade partner, but plays a much smaller role in in-bound investment into the country. “Russia has been trying to exercise its influence here as anywhere else,” he says, but he does not believe the economic struggles in Russia have a correlative impact in Serbia.

    By contrast, he’s enthusiastic about the EU accession process for Serbia, which continues to move forward, with the recent opening of an additional two chapters. “This is of course a very good sign for investors and should result in an increase of foreign investment into the country,” he says.

    Samardzic claims that business is good across the board and in all sectors, pointing particularly to private equity & NPLs (both in terms of acquisitions and subsequent maintenance of portfolios), reporting that this is a good time to acquire distressed assets.

    Turning to the ongoing saga of the Belgrade Bar (as described by CEE Legal Matters on December 22, 2017, and in the March 2017 issue of the CEE Legal Matters magazine), “things have not calmed down at all” says Samardzic. A Bar assembly was called last month and attended by about 500 lawyers, he reports, though he sighs that “the way the sessions are managed and held is completely against the rules.” Indeed, Samardzic describes “two groups” in the Bar: Those currently in management positions (“and everything they do is done irregularly”), and “now you have this fairly coordinated group on the other side, putting more pressure on the first group.” Despite what Samardzic claims is the growing strength of the second group, “at the end of the day when you have people who won’t put the decisions in the minutes of the assembly meeting and won’t accept majority votes … it’s quite ridiculous even to comment on because it’s so far from what you’d expect from this profession. It’s insulting.”

    Samardzic says that he’s “hopeful and optimistic that the Bar elections scheduled for June will result in the current board being voted out … but the question remains whether it will be possible to physically remove them if they contest the results, which is very possible. Which means we may have to go to the Constitutional court again. So I’m optimistic in terms of the actual elections, however I’m not necessarily that optimistic about how this will be put into reality.”

    This particular assembly was related to the Board’s attempts to create an ethics committee to review whether the behavior of attorneys is in line with the code of conduct and other regulations of the Bar. “This would be very dangerous” says Samardzic, as it would give the proposed body the power to review the conduct of individual lawyers based on their own interpretations of what is ethical and what is not. As the Board is consistently and admittedly skeptical of “the corporate law firms and lawyers working in them,” he says, giving the Board powers above and beyond the existing disciplinary committee is an invitation for abuse.

  • Waiting for a New Data Protection Law – Double or Nothing?

    At the moment, data protection in Serbia is primarily regulated by the provisions of the Law on Personal Data Protection, enacted in 2008, with the last amendments from 2012 (the “Law”). Naturally, a number of other laws also regulate certain aspects of data protection, and these other laws are to be interpreted together with the basic principles and general rules of the Law.

    Although it indeed constitutes a breakthrough at the moment of its enactment, practically introducing the modern concept of data protection in Serbia for the first time (there was one law preceding this one, but with no real application in practice) and establishing the Serbian Data Protection Authority (DPA), the Law’s effects throughout the past eight years have revealed serious deficiencies and room for improvement. Important improvements that need to be made primarily concern the overly restrictive regime for the provision of an individual’s consent for data processing (which must be in written form and hand-signed – no implicit, oral, or online consent is recognized), data transfer to non-European countries (which requires the DPA’s prior approval, often too hard and time-consuming to obtain), as well as the failure to regulate certain specific and sensitive areas (e.g., video surveillance, biometric data, etc.). 

    Moreover, or perhaps as a result, the Law failed to gain sufficient respect in the business sector and in most cases is simply ignored by companies and even by state authorities, despite the significant efforts of the DPA to educate the public on key data protection principles and individuals’ rights. As an illustration, the percentage of companies who have registered at least one personal database with the DPA (one of the most basic obligations introduced by the Law) is below 1%, probably placing the Law among the pieces of legislation least likely to be complied with in Serbia. This obviously needs to change.

    With this in mind, the DPA prepared a draft of the new data protection law back in 2014 and provided it to the Serbian Government as a starting point, and the Serbian Ministry of Justice also prepared its own draft in 2015, apparently without taking the DPA’s draft into real consideration. Therefore there are currently two conflicting draft laws in Serbia as potential replacements for the Law, which probably speaks more about the immaturity of Serbian institutions than of their eagerness to upgrade the outdated piece of legislation. Although both drafts contain improvements to the existing Law, the DPA’s version undoubtedly seems more comprehensive (as it introduces alternative consent forms, regulates currently missing areas, etc.), as well as being both legally and technically superior. 

    In any case, both drafts contain provisions relaxing the currently problematic data transfer restrictions, prescribing viable alternatives to the rule requiring the obtaining of the DPA’s approval for transfers to non-European countries, such as obtaining the data subject’s consent for the transfer. The DPA’s draft also allows such transfers to be made if the country of data destination is included on the EU’s list of countries that have an adequate level of data protection (such as Canada, Argentina, and Israel, as well as the USA, with respect to companies included in the Privacy Shield List). On the other hand, the draft prepared by the Ministry of Justice includes several additional alternatives, including for transfers necessary for the performance of certain agreements (such as those concluded between the data subject and data controller, or between the Serbian data controller and foreign data controller or processor in which the applicability of the Law and competence of the DPA are stipulated, etc.).

    Nevertheless, neither of the two drafts has yet entered the formal legislative procedure in the Serbian Parliament, and there are no recent indications of when this may happen. The fact that Serbia is required to harmonize its laws with EU legislation will hopefully accelerate this process, since the Law is only partially compliant with the EU Data Protection Directive 95/46/EC, let alone with the recently introduced EU General Data Protection Regulation 2016/679.

    Until then, companies in Serbia will have to continue operating under the currently applicable Law. This requires careful navigation through the existing Law’s deficiencies and related risks, which, although undesirable and problematic, is something companies in Serbia are relatively used to by now. Hopefully this will not be the case for much longer, for a bit of legal certainty would go a long way for data protection standards in Serbia. 

    By Marjan Poljak, Senior Partner, and Goran Radosevic, Attorney at Law in cooperation with Karanovic & Nikolic  

    This Article was originally published in Issue 4.2 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.

  • Zivkovic Samardzic Triumphant for Law Firm Partnerships in Administrative Court Victory against Serbian Ministry of Economy

    Zivkovic Samardzic Triumphant for Law Firm Partnerships in Administrative Court Victory against Serbian Ministry of Economy

    Zivkovic Samardzic secured what it calls “an important victory in the Administrative Court in Belgrade, against the Ministry of Economy of the Republic of Serbia.”

    The dispute involved the refusal of both the Serbian Business Registers Agency and the Ministry of Economy, as first and second instance authorities, to inscribe Zivkovic Samardzic AOD, a partnership registered by the Serbian Bar Association, into the Register of Suppliers kept by the Serbian Business Registers Agency. The Register is an official list of approved contractors, suppliers, or service providers for the public procurement purposes. Certified registration constitutes a presumption of suitability with regard to requirements for public procurements and allows an inscribed economic operator to avoid time consuming obtainment of plethora of documents required for each and every public contract opportunity.

    According to Zivkovic Samardzic, “what made the case even more important not only for Zivkovic Samardzic, but for the entire legal profession, was the fact that the Serbian Business Registers Agency and the Ministry of Economy of the Republic of Serbia found Zivkovic Samardzic AOD ineligible for the inscription into the Register of Suppliers, due to the partnership being registered with the Bar Association, and not with the Business Registers Agency. Even more, both authorities held that registration with the Business Registers Agency was a necessary prerequisite for any business not only to be inscribed into the Register of Suppliers, but to exist as a legal person as well.

    The Administrative Court in Belgrade reiterated that in accordance with the Law on Legal Profession two or more attorneys-at-law can establish a partnership that shall, in accordance with the Statute of the Bar Association, exist as a legal person, while the directory of such partnerships is, in accordance with the same Law on Legal Profession, kept exclusively by the Bar Association of Serbia. Thus, the Administrative Court ruled that the lack of registration with the Business Registers Agency shall not bar the inscription into the Register of Suppliers of an economic operator that is duly registered with a different authority or a professional body vested with such authority in accordance with the law. For those reasons, the Administrative Court returned the case to the Ministry of Economy for reconsideration.”

    “The decision is of huge importance not only for Zivkovic Samardzic AOD as a partnership, but for the entire legal profession,” said Zivkovic Samardzic AOD Co-Managing Partner Nebojsa Samardzic. “The Court confirmed exclusive right of the Bar Association, as a professional body of lawyers, to register law partnerships and keep the records of such registrations, thus further securing the independence and autonomy of the profession.” Samardzic, who represented the firm in the Administrative Court in Belgrade, was assisted by Associate Sonja Sehovac.

  • Serbian Integration Process Continues: Paving its Path to the EU, Serbia is Bound to Join the WTO, As Well

    Bad news for Euro pessimists! Serbia is about to open four new chapters in the negotiation accession process by July 1st. Namely, issues related to corporate law, intellectual property, foreign economic relations and customs are about to be discussed by the Serbian and the EU officials in the following months in order to adapt them to the requirements of the EU’s unified market and economic standards.

    According to the Head of Negotiating Team for Accession of the Republic of Serbia to the EU, Mrs. Tanja Miščević, Serbia’s main duty in the following months is to demonstrate to the EU that it is capable of fully implementing the standards adopted from EU legislation. Such capacity will further enable quicker integration and swift closing of these opened negotiation chapters. Fortunately, it seems that Serbia did not waste much time in adoption of the needed measures, in these aspects of negotiations, at least. As Mrs. Miščević stated, the matter of opening and closing of Chapter 30 revolved around Serbia’s admission to the World Trade Organization which has already been raised.

    More specifically, Chapter 30 revolves around foreign economic relations, membership in the WTO, acceptance of all bilateral trade agreements with third countries and issues of EU humanitarian aid provided to developing countries. As EU is an integrated market and one of the most important players in the international trade arena, adequate implementation of the relevant rules is of the highest importance for all Candidate Countries. The obvious benefit of Serbian accession to the EU derives mostly from the fact that it will then be able to use all possibilities existing under numerous bilateral and multilateral trade and investment agreements the EU has entered into.

    Serbian road to the WTO has been long and uncertain so far. Serbia struggled for long with demand for legal continuity based on the fact that the former Socialist Federal Republic of Yugoslavia was a member of the GATT. This is important, especially knowing that all former GATT members automatically became the members of the WTO, upon its creation in 1994.  Nevertheless, it is still working on its accession and is facing multiple phases of this integration procedure. WTO Members had a chance to inquire into all aspects of the relevant Serbian legislation and in the past period Serbia has been responding to such inquires.  As published by the Serbian Chamber of Commerce (PKS), there are not many discrepancies between our regulations and the legislation of Member Countries. As stated by the WTO officials, the Republic of Serbia has concluded 11 bilateral negotiations so far and it was urged to submit the remaining reports – an updated Legislative Action Plan and updated Agriculture Supporting Tables.

    After closing bilateral negotiations, the working group in charge of Serbia’s accession will review the compliance of Serbian legislation in the relevant fields in order to render the decision on the membership.

    As optimistic as we could be, we cannot neglect the fact that the real reason for slowing down of the accession to the WTO is conditioned upon acceptance of the modification of the legislation on GMOs. Therefore, and with the best efforts applied, it seems that closing of Chapter 30 might still take a while.

    By Milan Samardzic, Partner, and Katarina Grga, Associate, SOG / Samardzic, Oreski & Grbovic

  • JPM Appoints New Head of Competition

    JPM Appoints New Head of Competition

    JPM Jankovic Popovic Mitic has appointed Partner Nikola Poznanovic as the firm’s new Head of Competition.

    Nikola joined JPM in 2005 and was made Partner in 2014, having — according to JPM — “accumulated extensive experience in advising a broad range of clients on all aspects of Serbian competition law.”

  • Partner Milica Subotic Leaves JPM

    Partner Milica Subotic Leaves JPM

    JPM Jankovic Popovic Mitic has announced the departure of Partner Milica Subotic, effective as of March 31, 2017.

    At JPM Subotic focused on Corporate/M&A and Securities law, with an additional focus on Competition law. She headed the firm’s Merger Control and Antitrust department. She joined JPM in 2005 and became Partner in 2008. 

    A note on the JPM website states: “Reflecting back on Milica’s time at JPM, it has been eleven years of memorable achievements, marked by shared collegial values and shared purpose of achieving and exceeding standards of professional excellence. [The] JPM team wishes Milica all the very best in her future professional and personal endeavours.”

  • Karanovic & Nikolic Achieves Conditional Clearance for SBB Takeover of IKOM

    Karanovic & Nikolic Achieves Conditional Clearance for SBB Takeover of IKOM

    Karanovic & Nikolic has successfully obtained conditional Serbian Competition Commission clearance for SBB’s takeover of IKOM.

    K&N describes the consolidation of leading cable operators in Belgrade as representing “a landmark case for the Serbian authority and is related to global trends in consolidation of cable network operators, which fosters the investments necessary for improvements to network infrastructure and competition with IPTV, OTT, and satellite content providers.” K&N claims that “the merger provided an opportunity for the Commission to investigate the workings of the Serbian telecom sector in detail, especially in relation to fixed telephony, broadband Internet and the distribution of media content.”

    SBB is a Serbian private telecom operator and provider of digital and analogue cable television, broadband Internet, and fixed telephony. The company is a part of the regional United Group, active across the former Yugoslavia. Since 2014, United Group is majority-owned by the global investment fund KKR. IKOM is one of the major cable operators in Serbia, active on the market for ten years, providing digital and analogue cable television, broadband Internet, and fixed telephony to subscribers predominantly located in Serbia’s capital, Belgrade.

    In the final decision, K&N reports, SBB has agreed to divest network infrastructure overlapping with IKOM, report to the Commission on pricing changes, and offer IKOM’s subscribers specific commercial terms for future cooperation.

    The Karanovic & Nikolic team was led by Managing Partner Rastko Petakovic, Partner Bojan Vuckovic, and Veljko Smiljanic, attorney at law in cooperation with Karanovic & Nikolic.

    Editor’s Note: After this article was published, JPM Jankovic Popovic Mitic announced that it had advised the sellers (“3 SPVs ultimately owned by 3 individuals, who were the owners of IKOM”) on SBB’s takeover of I.KOM.

    Partners Marko Jovkovic and Jelena Gazivoda led the JPM team advising on the M&A process, while Partner Nikola Poznanovic advised on Competition law aspects of the transaction.

  • Zivkovic Samardzic Advises South Central Ventures on Investment in CUBE Risk Management Solutions

    Zivkovic Samardzic Advises South Central Ventures on Investment in CUBE Risk Management Solutions

    Zivkovic Samardzic has advised South Central Ventures (SCV) on its investment in CUBE Risk Management Solutions, a tech startup providing risk assessment, reporting and monitoring services, market analysis, and competition and trade intelligence to companies operating on, planning to expand into, or investigating their competition’s presence on the Serbian market.

    SCV manages the Enterprise Innovation Fund (ENIF), a venture capital fund focusing on specialized and innovative small and medium-sized enterprises in the Western Balkans. Investors in ENIF — which invested last year in Dry Tools (as reported by CEE Legal Matters on March 16, 2016) and Belgrade-based start-up City Expert (as reported by CEE Legal Matters on July 4, 2016), with Zivkovic Samardzic advising on both — include the European Commission, the European Investment Fund, the European Bank for Reconstruction and Development, and Kreditanstalt fur Wiederaufbau, along with other institutional and private investors from the Western Balkans. The EUR 40 million fund is dedicated primarily to early stage and growth investments, and is intended to fuel international business expansion and growth. Its investment into CUBE Risk Management Solutions is the largest it has made in a Serbian company to date.

    The Zivkovic Samardzic team advising SCV on its investment in CUBE Risk Management Solutions was led by Senior Associate Igor Zivkovski and included Senior Associate Ana Popovic and Associate Sava Pavlovic.