CEE Legal Matters
In-depth coverage of the news and newsmakers that shape Europe's emerging markets
Turkish Constitutional Court ["TCC"], in its decision no. 2023/36 E., 2023/142 K. published in the Official Gazette dated 13 October 2023, annulled Article 46, paragraph 1, subparagraph (b) of the Turkish Code of Administrative Procedure No. 2577 ["TCAP"], which regulates the appeal in administrative judiciary, by finding it in violation of the Turkish Constitution. The decision will enter into force on 13 July 2024, nine months after its publication in the Official Gazette.
Schoenherr has announced it is promoting Iustin Armasu, Christoph Cudlik, Michael Marschall, and Teresa Waidmann to Partners, as of February 2024.
In Turkish law, for a representative to be able to enter into a binding arbitration agreement on behalf of a principal, they must be specifically authorized by the principal (Turkish Code of Obligations Article 504/3 and Turkish Civil Procedure Law Article 74). An arbitration agreement made by a specially authorized representative can only become binding with the approval of the principal. For example, the commencement of arbitration proceedings by the principal personally may indicate the granting of this approval.
Revnic Cristian & Associates has successfully represented the Declic association before the Cluj County Court in challenging the legality of the environmental permit for a gold and copper mining project operated by Canada's Euro Sun Mining and its Samax Romania subsidiary in the Apuseni mountains in Hunedoara County.
Baker McKenzie has successfully represented the interests of Minova Ekochem before the Supreme Court of Poland regarding a competition case.
White & Case has successfully represented the Bulgarian Energy Holding and its Bulgargaz and Bulgartransgaz subsidiaries before the European Union's General Court in a case that saw the full annulment of a 2018 decision by the European Commission and related EUR 77 million fine imposed for foreclosing the Bulgarian gas supply market.
BSJP BNT has advised JSK Architekci on its winning bid during public contract award proceedings for the design of the Air Traffic Control Tower of Centralny Port Komunikacyjny – including representation in three appeal proceedings before Poland's National Appeals Chamber.
