In an eagerly awaited development, Romania has taken a step forward in fostering more clarity on essential concepts relevant for foreign direct investment (FDI) screening, by publishing draft guidelines (the "Guidelines"), anticipated to enter into force in March 2025. While the Guidelines may not bring major surprises for practitioners who have been working in the FDI trenches since the regime came into force in April 2022, the formal codification of the authority's practice is a welcome step toward greater transparency and predictability.
Austria: EU Gas-Hydrogen Package: On the Party Status in the Procedure for the Decommissioning of Natural Gas Distribution Networks under the Internal Gas Market Directive
As part of the EU Gas and Hydrogen Package, Directive (EU) 2024/1788 of 13 June 2024 ("Internal Gas Market Directive; IGMD") makes provisions for the first time on the phase-out of gas by network operators through the decommissioning of gas networks. Article 57 IGMD stipulates that gas distribution system operators ("DSO") must develop network decommissioning plans ("NDP") if a reduction in natural gas demand is foreseeable. The competent national authorities assess whether the NDP for the distribution network meets the principles set out in the IGMD.
Gecic Law, Kinstellar, and Schoenherr Advise on United Group's Sale of Eon TV International and SBB Belgrade
Gecic Law, working with Clifford Chance, has advised Telekom Srbija on its acquisition of Eon TV International from United Group as part of a deal that also saw United Group sell SBB Belgrade to e& PPF Telecom Group. Kinstellar, working with Sullivan & Cromwell, advised e& PPF Telecom Group. Moravcevic Vojnovic and partners in cooperation with Schoenherr, working with Kirkland & Ellis, advised United Group.
Kinstellar and Schoenherr Advise on TSH Investment's Acquisition of Park Center Mall in Bulgaria from Revetas Capital Advisors
Kinstellar has advised TSH Investment on the acquisition of the Park Center shopping mall in Sofia from Revetas Capital Advisors. Schoenherr advised Revetas on the deal.
Schoenherr and Baker McKenzie Advise on Group Vandamme's Sale of Hungarian Activities to ADM
Schoenherr, working with Argo, has advised Group Vandamme on the sale of its Hungarian activities to ADM. Baker McKenzie advised the buyer.
Green Guarantees in Poland
The Export Credit Insurance Corporation (Korporacja Ubezpieczeń Kredytów Eksportowych; "KUKE") is the only export credit agency in Poland providing export insurance for trade security in high-risk markets guaranteed by the Polish State Treasury, regulated by the Polish Act of 7 July 1994 on Insurance Guaranteed by the State Treasury.
Captive Insurance and its Prospects in Hungary
Captive insurance has experienced significant growth globally in recent years, driven by hard market conditions, emerging risks and increased volatility. Statistics reveal a steady increase in the number of captives over the past four years, rising from 5,879 in 2020 to 6,181 by the end of 2023, according to the Captive Managers and Domiciles Rankings + Directory 2024 published by Business Insurance.[1] Captive insurance companies are also increasingly used by Forbes 1000 and Fortune 500 companies to manage complex and emerging risks.
A&O Shearman Advises LaSalle on Sale of Wronia 31 Building in Warsaw
A&O Shearman has advised LaSalle Investment Management on the sale of the Wronia 31 office building in Warsaw’s Central Business District to UNIQA Real Estate Management. Koda reportedly advised UNIQA. Schoenherr reportedly advised on the deal as well.
Austria: New Supreme Court Ruling on Operating Costs and Indexation Clauses
On 17 December 2024, in a lawsuit brought by a tenant against his landlord for repayment of operating costs and rent increases based on indexation, the Supreme Court ruled (10 Ob 54/24z) that the landlord was obliged to repay the operating costs, but confirmed the validity of the value retention clause and provided some clarification on points that had previously been controversial.
Tiberiu Protopopescu Joins Schoenherr
Former Protopopescu & Partners Founding Partner Tiberiu Protopopescu has joined Schoenherr as a Senior Attorney at Law.
Schoenherr Advises Connectis on Acquisition of SpeedApp
Schoenherr has advised Connectis on the acquisition of SpeedApp. Crido reportedly advised the sellers.
White & Case Advises Lenders on Cellnex Acquisition Financing
White & Case has advised the lenders on the financing for the acquisition of Cellnex's business in Austria. Binder Groesswang reportedly advised the lenders as well. Schoenherr, working with Hogan Lovells, reportedly advised the sponsors.
Schoenherr Advises ImWind and Bloch3 on Obtaining EIA permit
Schoenherr has advised ImWind and Bloch3 on obtaining an environmental impact assessment permit in Austria for the Rustenfeld wind farm.
Serbian Competition Commission Submits Four Draft Proposals to Government for Block Exemption Regulations
On 21 January 2025, the Serbian Commission for Protection of Competition submitted draft proposals to the Government for four new regulations concerning the exemption of certain categories of agreements from the prohibition of restrictive agreements.
Czech Republic: Equal Treatment of Employees in M&A Transactions in Light of Recent Case Law
In M&A transactions, there is often a transfer of activities and a subsequent transfer of rights and obligations under employment law within the meaning of European Directive 2001/23/EC on the approximation of the laws of the Member States on safeguarding employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (TUPE transfer). As a result, the seller’s employees who worked in the transferred establishment will transfer to the buyer. If the buyer has existing employees, the working conditions of the original and new employees may differ. These differences can pertain to salaries and benefits. Are they permissible?
TGS Baltic and Schoenherr Advise on Bergs Timber's Sale of Vika Wood to HS Timber’s Nextwood One
TGS Baltic, working with Vinge, has advised Bergs Timber on the sale of its Latvian sawmill business Vika Wood to Nextwood One, part of the Austrian HS Timber group. Schoenherr advised HS Timber on the deal. Cobalt reportedly advised HS Timber as well.
Schoenherr Advises RP Global on Sale of Renewable Energy Portfolio to Alcazar Energy Partners
Moravcevic, Vojnovic and Partners in cooperation with Schoenherr has advised RP Global on the sale of 100 % of the share capital in a portfolio comprising a 200-megawatt onshore wind power project located east of Belgrade and a 768-megawatt pipeline of wind and solar projects in Serbia to Alcazar Energy Partners.
Croatia Set to Introduce Proper FDI Screening Mechanism
The Croatian Government is preparing to establish a comprehensive system for screening foreign direct investments (FDIs) by adopting the new Act on the Screening of Foreign Direct Investments (the "Act").