Having a somewhat steady Government and Parliament since mid-2023 has led to more predictability in the Bulgarian regulatory environment for renewables. In October 2023, some important and significant changes to the RES Act entered into force, thus solidifying local support for renewable energy.

The Bulgarian Parliament adopted amendments to the Copyright and Neighbouring Rights Act (CNRA) in December 2023 to transpose the Digital Single Market Directive (EU) 2019/ 790 and the CabSat Directive (EU) 2019/789. 

Deal activity (both in terms of value and volume) dropped at the end of 2023 and the start of 2024. This is hardly surprising considering the overall unstable international environment and the variety of destabilizing factors at play. Regardless, we see signs of recovery.

Following a long period of political instability, including five snap parliamentary elections in the past couple of years, as of June 2023, Bulgaria has a broad coalition government supported by a large parliamentary majority.

It has started humbly, but 2024 is expected to be a year of interesting political developments. At a global level, there will be elections for the President of the United States and for the European Parliament. At a local level, in Bulgaria, a rotation of the government is expected, which means that, according to the preliminary agreements between the governing parties, the position of the Prime Minister will be taken by Mariya Gabriel (of the GERB party; currently at the position of Deputy Prime Minister), who will replace the current Prime Minister – Nikolay Denkov (of the We Continue the Change party) – in March. For now, it is still questionable whether this switch will trigger the termination of the mandate of some of the ministers.

As 2023 comes to a close, reflections on the year reveal challenges and achievements across Romania, Bulgaria, and Ukraine. Tuca Zbarcea & Asociatii Managing Partner Gabriel Zbarcea, Schoenherr Bulgaria Local Partner Ilko Stoyanov, and Avellum Managing Partner Mykola Stetsenko share their thoughts on what kind of a year it has been.

In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. As we bid farewell to 2023, this time around we turn our attention forward: What is your one main wish for 2024 and what do you see as the biggest potential risk?

The extended deadline for the implementation of the Directive (EU) 2019/1023 has expired on July 17, 2022. More than a year later, in August 2023, the amendments to the Bulgarian Commercial Act concerning, among other things, insolvency and restructuring rules and procedures were finally published in the Bulgarian State Gazette. Apart from pure alignment with the European legislation, the amendments are aimed at certain long-standing shortcomings of the Bulgarian insolvency and restructuring regime.

Did you know that the early 2024 deal leaderboards are already available via the Activity Rankings function of the CEELMDirect website?

On February 22, 2024, Bulgaria, previously one of the few remaining EU countries without foreign direct investment (FDI) controls, introduced a new FDI screening regime in accordance with the EU FDI Screening Regulation 2019/452 (the “EU FDI Screening Regulation”).

Until recently, Bulgaria was one of the few remaining EU countries not to have adopted a foreign direct investment (FDI) screening regime. However, this was set to change with the introduction of a bill in late June 2023 to amend the Investment Promotion Act. This amendment implements the screening mechanism outlined in Regulation (EU) 2019/452 (the "EU FDI Screening Regulation").

Wolf Theiss, working with Ropes & Gray, has advised IT services company Virtusa on its acquisition of Bulgarian digital innovation, automation, and seamless integration specialist Bright Consulting.

Bulgaria is nearing the home stretch of its Eurozone integration and OECD accession plans, according to CMS Partner Elitsa Ivanova, with renewables, ESG, fintech, and digitalization the hot topics for lawyers and bankers alike.

Djingov Gouginski Kyutchukov & Velichkov has advised Boleron on its two private equity investment rounds in preparation for the company's IPO.

CMS has advised Istanbul-based engineering and construction company Enka on the licensing of its 40-megawatt Town Up 8 photovoltaic project before the Bulgarian Energy and Water Regulatory Commission.

TGS Baltic and Djingov Gouginski Kyutchukov & Velichkov have advised Ifco Systems on its acquisition of Bepco. RASK advised Rostock Capital, Navitas, and Green Technology on the sale.

By Decision of the Court of Justice of the European Union ("CJEU") of 14.12.2023 in case C‑340/21 the CJEU clarified several controversial aspects of the implementation of the GDPR.

Harrisons, Maric & Co, Lambadarios, and Wolf Theiss, working with Linklaters, have advised a banking consortium led by UniCredit Bank London on the United Group's EUR 1.7 billion issuance of four tranches of senior secured and PIK notes as well as on the increase and extension of its EUR 410 million revolving credit facility. Selih & Partnerji, working with Paul Weiss, advised the United Group. Schoenherr, Koutalidis, De Brauw Blackstone Westbroek, and Elvinger Hoss Prussen reportedly advised the United Group as well.