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Did You Know that the ten firms that have worked on the most client matters reported by CEE Legal Matters through Q3 of 2023 are equally divided between international and regional powerhouses? According to the Activity Rankings function of the CEELMDirect website, Magic Circle-member Clifford Chance, which has worked on a remarkable 66 deals reported by CEE Legal Matters in the first nine months of 2023, leads the pack, but Vienna-based Schoenherr is close behind with 64.

Schoenherr has advised Wienerberger on its EUR 350 million issuance of 4.875% sustainability-linked 2023-2028 bonds. Wolf Theiss advised joint lead managers and bookrunners Commerzbank, Danske Bank, Erste Group Bank, and UniCredit Bank.

Despite concerns over automotive suppliers relocating due to geopolitical tensions, the automotive sector in Slovakia has remained resilient. The sector continues to be the backbone of the economy, with tax revenues and employment surpassing other industries, although challenges do exist. Ruzicka & Partners Managing Partner Jaroslav Ruzicka, Wolf Theiss Counsel and Head of Corporate/M&A Bruno Stefanik, and Cechova & Partners Head of Automotive Practice Michal Simunic take a closer look at the status of the sector.

Wolf Theiss has advised Latvian private equity fund INVL Baltic Sea Growth Fund and its portfolio company Eco Baltia on the acquisition of a 70% stake in Polish PVC recycler Metal-Plast. Ozog Tomczykowski advised the target's shareholders on the sale. Sorainen reportedly advised INVL and Eco Baltia as well.

Where behavior is investigated in parallel by the Austrian competition authorities and the Public Prosecutor’s Office (PPO), the latter usually requests the competition authorities to provide it with copies of their files, including leniency statements and settlement submissions that have been filed with the Federal Competition Authority (FCA), and adds (parts of) these documents to its own file. Victims of competition law infringements can thus indirectly get access to leniency statements and settlement submissions through an inspection of the PPO’s file. This practice risks weakening the effectiveness of the Austrian leniency program and settlement procedure as it may deter undertakings from cooperating with the FCA.

Wolf Theiss has advised UniCredit Bank Austria, CaixaBank, La Banque Postale, and Bondholders SL on a EUR 113 million syndicated financing for RML Infrastruktur for the roll-out, operation, and maintenance of an open-access fiber-to-the-home network in Austria's Liezen district. PHH reportedly advised Meridiam.

On 11 July 2023, the European Securities and Markets Authority (“ESMA”) published a public statement (“ESMA Statement”) regarding sustainability-related disclosure requirements in prospectuses for both equity and non-equity securities.

Although the deadline for transposing Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law (the Whistleblowing Directive) into national law passed on 17 December 2021, the Czech Republic has been among those Member States struggling to adopt a corresponding act into local legislation. Nonetheless, after turbulent discussions and legislative proposals, the bill has finally been passed and came into force on 1 August 2023.

Binder Groesswang, working with Willkie Farr & Gallagher, has advised French investment company Wendel and other shareholders on their sale of Constantia Flexibles to One Rock Capital Partners. Wolf Theiss, working with Latham & Watkins, advised One Rock. Hamburg's Klawitter Neben Plath Zintler reportedly advised Wendel as well.

The upcoming parliamentary elections at the end of September are the talk of the town in Slovakia, with a slew of interesting legislative changes – including those covering whistleblowing, corporate restructurings, and construction – coming in before the buzzer, according to Wolf Theiss Managing Partner Katarina Matulnikova.

By 25 June 2023, the transitional provisions of the Collective Redress Directive should have been applicable throughout the EU. Austria – like several other EU Member States – did not meet this deadline. The following article deals with potential transposition options, for the Collective Redress Directive, by the Austrian legislator.

Wolf Theiss at a Glance

With over 360 lawyers in 13 countries, over 80% of the firm’s work involves cross-border representation of international clients. We have concentrated our energies on a unique part of the world: the complex, fast-developing markets of the CEE/SEE region. Through our international network of offices, we work closely with our clients to develop innovate solutions that integrate legal, financial, and business know-how.

Wolf Theiss provides fully integrated corporate services in mergers and acquisitions, private equity, real estate, banking and finance, tax and insurance, employment law, competition law, energy law, privatisation, restructuring, public procurement and litigation. At Wolf Theiss, we measure our success by the success of our clients. We align our goals with yours to ensure that your needs are being met in even the most complex of cross-border matters. This means that we know how to listen to you and help you use the assets you already have while finding opportunities.

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