Katarzyna Sulimierska has joined the Warsaw office of Schoenherr as a Partner and the new Head of the firm's local Real Estate practice.
Austria: Can you Recover Internal Investigation Costs from an Employee?
According to a recently published ruling, the German Federal Labour Court says you can. Here is how.
Linklaters and Schoenherr Advise on LeadCrest Acquisition of Industrial Portfolio from Panattoni
Linklaters has advised LeadCrest Capital Partners on the EUR 45 million acquisition of a four-asset Polish industrial portfolio from Panattoni. Schoenherr advised the seller.
Schoenherr and Wolf Theiss Advise on Kommunalkredit Austria EUR 250 Million Bond Issuance
Wolf Theiss has advised Kommunalkredit Austria on its EUR 250 million issuance of 0.01% covered bank bonds. Schoenherr has advised the joint lead managers DZ Bank, Erste Group Bank, Landesbank Hessen-Thuringen Girozentrale, and Raiffeisen Bank International.
Similarity of Single Letter Trademarks (GC T-399/20)
In its judgment on 14 July 2021 in Case T-399/20, the General Court assessed whether there is likelihood of confusion between figurative trademarks that depict two letters from different foreign alphabets.
Limited Network Exemption under PSD2 – EBA Consults on Draft Guidelines
In summer 2021 the European Banking Authority (EBA) published Draft Guidelines on the limited network exemption (LNE) under the Payment Service Directive 2 (PSD2) for consultation. The Draft Guidelines are meant to foster supervisory convergence amongst the EU's national competent regulators (NCAs).
Unlawful Consent is Still Consent: International Law Perspectives on Komstroy vs Moldova
On 2 September 2021, the Court of Justice of the European Union (CJEU) issued the much awaited judgement in the Komstroy vs Moldova case (C-741/19).
Schoenherr Advises P&I on Acquisition of VRZ
Schoenherr has advised P&I Personal & Informatik on its acquisition of Austria-based VRZ Informatik Gesellschaft and its Switzerland-based sister company ThinkCreateAct.
Schoenherr Advises on Tier's Launch in Hungary
Schoenherr has advised Berlin-based electric scooter rental startup Tier on its entrance into Hungary.
Poland: Implementation of AMLD V – New KYC Procedures and Registers
The recent implementation of the AML V Directive to the Polish Act on Counteracting Money Laundering and Terrorist Financing will have a significant impact on business and the approach taken by state bodies to certain transactions. The main changes are as follows:
Are NFTs Insurable?
The NFT market is still relatively new and volatile, but its potential is huge. Christie's managed to auction an NFT linked to an artwork for over USD 69 million this March, proving that NFTs are a new asset class that can carry significant value. A value, that needs protection just like any other asset class.
Merger Control Austria: Modified Merger Thresholds and New Substantive Test, as Well as Intensified FDI Screening under the Amended Austrian Cartel Act
The Austrian Cartel and Competition Law Amendment Act 2021 (KaWeRÄG 2021) will introduce – in part substantial – amendments to the Austrian merger control regime as of 1 January 2022. The amendment originated in the context of the implementation of the ECN+ Directive. However, the Austrian legislator seized the opportunity to, among other things, refine the Austrian merger control regime by introducing a second domestic turnover threshold and implementing the SIEC test, as well as to strengthen the FDI screening mechanism.
Schoenherr Successful for Adler Real Estate Before ECJ
Schoenherr has successfully represented Adler Real Estate AG in proceedings before the European Court of Justice in a matter relating to the Austrian Takeover Commission.
New Hungarian Government Decree on Patent Protection: Encouragement of Patents Vs. Threat of Compulsory Licensing
In response to the ongoing COVID-19 pandemic, on 6 August 2021 the Hungarian Government issued Decree No. 474/2021 on the different application of the Patent Act (Act XXXIII of 1995). According to the decree, patent applications filed after the entry into force of this decree will not be subject to a maintenance fee for the first three years of patent protection. The decree was promulgated on 6 August 2021 and will remain in force until the end of the state of emergency related to COVID-19.
Serbia: Use of State-owned Agricultural Land for Non-agricultural Purposes
In general, the Serbian Agricultural Land Act ("ALA") envisages granting the use of agricultural land, free of charge, to state-owned subjects, or, in instances where particular plots have not been leased for three or more agricultural years, agricultural land may be tendered for to be used by registered agricultural holdings.
Schoenherr Advises Wienerberger on Treasury Shares Placement
Schoenherr has advised Vienna-based Wienerberger on the EUR 81.25 million treasury shares placement with institutional investors. Clifford Chance advised the joint bookrunners J.P. Morgan, Erste Group, and UniCredit on the deal.
BPV Grigorescu Stefanica and Schoenherr Advise on Black Sea Fund I Acquisition of D-Toys
BPV Grigorescu Stefanica has advised Black Sea Fund I on the acquisition of a 70% stake in D-Toys. Schoenherr advised D-Toys founding shareholder Tibor Fustos as the seller.
Unregistered Community Designs: A Secret Weapon in Design Protection?
An unregistered community design is established merely by the disclosure of a design and triggers protection for three years from the date of disclosure. This informal right was created to satisfy the demands of the industry and creatives for a design protection right providing broad-ranging territorial protection and safety for short-lived products without an elaborate and costly registration procedure.