Looking at it honestly, 2016 has been another year of recession for Russia, with a GDP expected at negative 0.6%. That’s not a surprise, of course. The oil crisis, currency crisis, and a hostile international context materialized by EU and US sanctions have severely impacted the economy.
CMS Budapest has advised Balbec Capital LP and APS Holding on the financing and acquisition of a non-performing loan portfolio of residential mortgages from UniCredit. The total claim value of the portfolio is HUF 42.7 billion, or approximately EUR 139 million. Reti, Antall & Partners — the law firm associated with PWC in Hungary — advised UniCredit on the deal, which is one of the first residential mortgage portfolio sale and purchase transactions on the Hungarian market.
CMS has advised iCotton, a manufacturer of hygiene products in Eastern Europe, on its acquisition of a controlling 59.95% stake Harper Hygienics from Polish Enterprise Fund V, a private equity fund managed by Enterprise Investors. Gessel advised the sellers on the deal.
Andreas Koehler has moved from Dentons to join CMS's Budapest office along with Senior Associate Gabor Toth.
Antitrust lawyer Dieter Zandler has been appointed a Partner of CMS's Vienna office.
Hogan Lovells has advised Arcus Infrastructure Partners on the acquisition of an 85% stake in the Gdansk Transport Company S.A., a special purpose company set up in 1996 to pursue the DBFMO project for the northern section of the AmberOne A1 motorway concession in Poland. The acquisition was a multi-step transaction, involving Arcus's acquisition of NDI Autostrada sp. z o.o. (NDIA), which owns a 25.31% stake in GTC, from Grupa NDI and Transport Infrastructure Investment Company (TIIC). As part of the acquisition, NDIA also exercised its right of first refusal on A1 Invest AB Skanska’s 30% stake and on John Laing Infrastructure Limited's 29.7% interest in GTC, taking NDIA’s ownership in GTC to 85%, with Intertoll Europe retaining the residual 15% shareholding and remaining the operator of the A1 motorway. Norton Rose Fulbright advised Grupa NDI and TIIC, CMS advised John Liang, and DLA Piper advised Skanska.
CMS has advised Invesco Real Estate on the EUR 70 million purchase of Wawel Holding Sp z o.o., the company owning the Sheraton Grand Krakow Hotel. DZP advised Algonquin, a pan-European hotel investor and operator, on the transaction, which closed on February 28, 2017.
2016 has been a challenging year for dispute resolution in Poland, due primarily to the numerous changes in regulatory framework that have come or will come into effect. In particular, since the country’s 2015 parliamentary elections, the government has been working on regulations related to group action proceedings, procedures for collecting claims, and various criminal law issues.
The number of patent infringement cases in Poland is steadily growing. However, even the best drafted patents and clear infringement background may prove insufficient for effective enforcement in cases where a matter has not been properly prepared. The summary below focuses on key legal remedies available for patent holders to effectively counteract infringing activity in Poland and indicates the key aspects that need to be addressed.
CMS advised Integer.pl in the process of finding an investor – private equity fund Advent International through AI Prime – and the planned exit from the stock exchange. Clifford Chance advised Advent International on the deal.
Olexander Martinenko, Partner at CMS in Kyiv, starts his summary of The Buzz in Ukraine by addressing the ongoing judicial reform in the country, noting that the system has been returned to its traditional 3-tiered structure (courts of first instance, appellate courts, and Supreme Court) from the 4-tiered system that was installed by previous President Yanukovych shortly after his rise to power in 2010.
CMS has advised the Belgian real estate developer Atenor on the sale of Building A in the Vaci Greens complex in Budapest.