After a delay of more than a year, an act on preventive restructuring (the "Act") implementing the EU directive on preventive restructuring frameworks finally became effective in the Czech Republic on 23 September 2023. The long-awaited Act introduces a brand-new legal tool preventing the insolvency of viable enterprises in temporary financial distress.
Brandl Talos and Schoenherr Advise on Series A Financing Round of Kern Tec
Brandl Talos has advised Telos Impact on leading the EUR 12 million series A financing round of Kern Tec. Schoenherr advised EIC.
German Supply Chain Due Diligence Act: Implications for Serbian Companies and Supply Chain
The German Supply Chain Due Diligence Act is a major advancement in the supply chain network, improving international human rights and environmental standards across the board. It focuses on issues of child labour, health and safety standards, and the role of trade unions, and will have substantial effects on all relevant parties concerned due to its scope and importance. For instance, the Act bans all sorts of conduct from discrimination to forced labour. Serbia in particular will be considerably impacted, since Germany is the country's largest trade partner.
Graf Patsch Taucher and Schoenherr Advise on ZetaDisplay Acquisition of Peakmedia Digital Signage
Graf Patsch Taucher has advised Sweden's ZetaDisplay AB on its acquisition of Austrian digital signage integrator Peakmedia Digital Signage. Schoenherr advised Peakmedia's founders on the sale.
How Can Corporate Reputation be Protected?
Corporate reputation is an organisation's most valuable intangible resource and may be defined as the public perception of the company and how it operates. It has its monetary expression and influences financial and social capital as well as market share. It can be positive and negative. Reputation is an essential aspect of any business. In today's digital age, a company's reputation can be easily tarnished through websites, social media, online reviews and news articles.
Schoenherr Advises Standard Motor Products on Industrial Facility Purchase in Hungary
Schoenherr has advised Standard Motor Products Inc. on its asset-deal purchase of an industrial facility in Pecel, Hungary, from German production company Certus-WM Group International. Germany's Ladenburger Rechtsanwaelte advised the seller.
Schoenherr and Dorda Advise on Usersnap's Sale to Saas.Group
Schoenherr has advised the shareholders of Austrian software company Usersnap on its sale to the Saas.Group. Dorda advised the buyer.
Schoenherr and BPV Huegel Advise on Process Sensing Technologies Acquisition of Sensore Electronic
Schoenherr has advised Process Sensing Technologies on its acquisition of Austria's Sensore Electronic. BPV Huegel advised the founders of Sensore Electronic on the sale.
EU: Hacking for Plaintiffs' Money?
The European Court of Justice (CJEU) likely anticipated a wave of GDPR-related referrals. Few such matters receive as much attention from the public and lawyers as questions on GDPR damages.
Electronic Notarisation in Moldova
On 26 May 2023 the Parliament of Moldova passed Law No.°126, which among other things implements certain novelties to the Moldovan Law on Notarial Procedure. Those relating to electronic notarisation will enter into force when the technical conditions referred to in the law are in place, but not later than 23 June 2026.
Schoenherr Advises Aldiana Management on Purchase of Aldiana Club Ampflwang
Schoenherr has advised Aldiana Management on its purchase of the Aldiana Club Ampflwang resort in Upper Austria. Baker McKenzie reportedly advised the sellers.
Czech Republic: Vertical Agreements in Light of the Amendment to the Czech Competition Act
A long-awaited amendment to the Czech Competition Act (Act) is now on the horizon as it was approved by the Chambers of Deputies and is ready for sign-off by the Senate and the president. Covering primarily the implementation of the ECN+ Directive, it also incorporates changes to the Act. At the same time, the Czech Competition Authority (CCA) has been updating its policies on compliance programs and vertical leniency. From this perspective, how the CCA treats vertical (distribution) agreements will probably change considerably.
Are Gift Cards Money in Poland?
Gift cards have become more and more popular. They are bought as presents and some shops have a return policy where items bought physically can be exchanged only for a gift card of the equivalent amount. Are gift cards therefore to be regarded as money in Poland? If so, are the issuers required to obtain authorisation as a payment or electronic money institution?
The FSR General Tool
On 12 July 2023 the general or ex officio tool of the FSR became applicable. The tool empowers the European Commission (EC) to investigate cases where foreign subsidies are suspected of having a distortive effect on the EU's internal market, even if they do not fall within the scope of the other two FSR tools (M&A tool and public procurement tool). This gives the EC a powerful instrument to tackle market distortions from subsidies granted by third countries.
Transposition of EU Restructuring / Second Chance Directive in Bulgaria: Problems with New Ipso Facto Prohibitions Under Commercial and Financial Transactions
"Bulgaria transposed the Restructuring Directive's prohibition to terminate contracts via ipso facto clauses, but also (deviating from the Directive) prohibited contractual set-off in restructuring, thus rendering the preservation of many contracts performed via contractual set-off / netting of payment meaningless. So, in drafting ipso facto clauses the impossibility to perform contracts in restructuring, due to the contractual set-off prohibition, may be utilised as an additional trigger for termination, now".
Redefining Montenegrin Spatial Planning and Construction Regulations
Montenegro intends to implement a profound shift in its spatial planning and construction regulations with the pending adoption of three distinct legal acts that will regulate the country’s spatial planning, the construction of facilities, and legalisation procedures.
Matej Crnilec Makes Local Partner at Schoenherr Slovenia
Schoenherr Attorney at Law Matej Crnilec has become a new Local Partner in the firm’s Slovenian office.
Bulgaria Soon to Adopt an FDI Screening Regime
Bulgaria is among a minority of EU countries that have not yet adopted a foreign direct investment (FDI) screening regime. This is about to change with the introduction in late June of a bill on the amendment of the Investment Promotion Act, implementing the screening mechanism under Regulation (EU) 2019/452.