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Schoenherr has promoted Vienna-based Stefanie Aichhorn-Woess, Alfred Amann, Johannes Frank, Ayla Ilicali, Christoph Jirak, Sara Khalil, Sebastian Lukic, Johannes Stalzer, and Stefanie Stegbauer, Zagreb-based Kresimira Kruslin, Warsaw-based Daniel Radwanski, and Bucharest-based Nora Olah to Partner (already announced in August this year).

A creditor has forgiven part of a debtor's debt on the condition that the debtor will make every effort to avoid insolvency and repay at least the remaining, unforgiven part. However, the creditor also set a resolutive condition: if the debtor were to become insolvent (i.e. the court declared it bankrupt), the debt forgiveness agreement was to be void from the outset and the debtor would be obliged to repay the debt in full.

On October 22nd, the Court of Justice of the European Union (“CJEU”) issued a precedent-setting ruling in the Kolin Inşaat Turizm Sanayi ve Ticaret case (C-652/22 – the “Kolin case”). This is of crucial importance to contractors engaging or aiming to engage in the public procurement market of the European Union (“EU”), who originate from countries outside of the EU that are not party to international agreements with the EU which would formally admit such contractors to public tenders in the EU.

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