The Austrian Federal Competition Authority (FCA), together with the German Federal Cartel Office (FCO), has published an update to its guidelines on the application of the transaction value thresholds (Guidelines).

Mark Twain famously said "Never put off till tomorrow what may be done day after tomorrow just as well." Although procrastination usually does not have serious consequences, careful consideration is needed when enforcing IP rights. In its recent decision in case C‑186/18, the Court of Justice of the European Union ("CJEU") concluded that an unjustified delay in enforcing IP rights may result in the loss of a large part of the claim due to time-limitation.

A cola drink bought in the Czech Republic should be the same as one bought in Germany, right? Well from May 2021, this is required by an amendment to the Food Act which has codified a ban on dual quality food into the Czech legal system.

In December 2021 the Bulgarian Parliament adopted a moratorium on electricity, water supply and heating prices on the regulated market. The moratorium was imposed due to the record high electricity prices on the Independent Bulgarian Electricity Exchange ("IBEX") and the expected adjustments in the prices on the regulated market applicable to household customers. The Bulgarian Energy and Water Regulatory Commission ("Regulator") has been prevented from taking any action regarding these price increases until 31 March 2022 by virtue of the moratorium.

An act implementing the cross-border distribution of funds Directive (the "CBDFD") into Austrian law (the "Act") finally entered into force on 11 December 2021. The Austrian legislator was already late with the implementation, since EU Member States were required to transpose the CBDFD into national legislation by 2 August 2021.

Contributed by Schoenherr.

Employers must ensure that the period during which an employee attends vocational training required by the employer is regarded as working time. Although the period allocated to such training does not meet all the conditions under European labour law for "working time", a recent decision of the Court of Justice of the European Union ("CJEU") provides a number of important clarifications in this respect. It is advisable for employers to pay attention to the developments introduced by this decision, which is expected to bring about a change in the practice of national courts.

Last week two key regulatory changes took place that will have important implications for future development of the Croatian renewable energy market.

Schoenherr Hungary’s Head of Real Estate Laszlo Krupl interviews HB Reavis Country Legal Director Viktor Fonth.

In case you are wondering whether you are allowed to send that bottle of wine to your favourite client or donate to a charity, read below.

As of 1 October 2022, Romanian consumers will have to pay a mandatory deposit of RON 0.50 (approx. ten Euro cents) for each bottled beverage they buy. Part of the recently introduced deposit-return system ("DRS"), this amount will be added to the shelf price of the respective beverage and will be distinctly marked on receipts. This legislative novelty has been introduced by Government Decision No. 1074/2021 on the establishment of a deposit-return system on single-use packaging ("GD 1074/2021").

The world is undergoing a digital transformation. Whether at work, play or socialising, it is hard to imagine even a day without the Internet. Recent challenges (eg, the covid-19 pandemic) have further accelerated digitalisation. The world is far from the end of this process. Many businesses, and countries, are increasingly focusing on the digital transformation. Recent examples include cloud computing, cryptocurrency or the "metaverse" which was recently announced by Mark Zuckerberg.

Through its 11 November 2021 law ("Law 174/2021"), the Moldovan Parliament approved the rules on control of investments into sectors important for the security of the state. Law 174/2021 applies equally to local and foreign investors and entered into force on 19 November 2021.

House searches have been all over the news in Austria recently. In case you have been wondering what happens to your phone, laptop and tablet when the prosecutor comes knocking – read below.

Distribution agreements, also termed vertical agreements, are currently subject to a block exemption regime (the VBER) from the general antitrust prohibition. The VBER is due to expire on May 31, 2022. In this context, the European Commission has engaged in extensive public consultations and has already published a proposed new regime, the revised VBER and Vertical Guidelines, scheduled to enter into force on June 1, 2022. These are, in our view, the four key topics that suppliers should be aware of when preparing for the revised regime:

This year marks Schoenherr Romania’s 25th anniversary. To mark the occasion, CEE Legal Matters spoke with Schoenherr’s Romanian office Managing Partner Sebastian Gutiu as well as with Michael Lagler, the firm’s Managing Partner, and Partner Christoph Lindinger, who established the Romanian office and was the main driver behind Schoenherr’s expansion into Central and Eastern Europe.

Croatian Parliament recently adopted the final draft of the new Electronic Media Act (the Act), which entered into force on 22 October 2021.

On 2 November 2021 the Austrian Financial Market Authority (FMA) published its long-awaited amended Online Identification Regulation (Online-Identifikationsverordnung, "Online-IDV"). The FMA herewith enables financial service providers subject to the KYC obligations of the Financial Market Anti-Money Laundering Law (Finanzmarkt-Geldwäschegesetz; "FM-GwG") to use purely biometrical processes for remote identification of new customers. Biometrical identification processes are all procedures for online customer identification where the entire or parts of the online identification are carried out by an automated electronic procedure without the involvement of employees – there is no need for personal contact in the whole remote identification process anymore.