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Schoenherr, working with Walder Wyss and the Law Office of Loren Richards, has advised Raiffeisen Bank International on its EUR 31 million project financing to borrower Energy Financing Team SE Bileca to develop a 60-megawatt solar power plant in Republika Srpska, Bosnia and Herzegovina.

The UK has not been a member of the European Union and thus of the comprehensive European framework for cross-border civil litigation since 1 January 2021. Within the EU, the Brussels I Recast-Regulation (Regulation [EU] 1215/2012) not only provides a set of common rules on the jurisdiction of the courts but also ensures rapid and simple recognition and enforcement of judgments in civil and commercial matters issued in the Member States. Under the Brussels I Regulation, judgments are enforceable without any declaration of enforceability. A judgment rendered in France or Romania can be enforced in Austria without much trouble and vice versa.

In late November 2023, CEE Legal Matters reported that Schoenherr was expanding its Warsaw office with the addition of a team of 23 lawyers, including seven Partners, from SSW Pragmatic Solutions. Schoenherr's Managing Partner Alexander Popp and the firm's Poland Office Managing Partner Pawel Halwa walked us through the move, its rationale, and their next steps.

On 15 December 2023, Austria's National Council of the Parliament (lower house) adopted the Flexible Company Act (Flexible-Kapitalgesellschafts-Gesetz, FlexKapGG), which introduces a new company form, the "Flexible Company" (FlexCo) as of 1 January 2024.

Former SSW Pragmatic Solutions Partner Grzegorz Filipowicz has joined Schoenherr’s Warsaw Office and energy practice as a Local Partner in Poland. The move echoed – but remained separate from – the recent Schoenherr addition of 23 SSW lawyers (as reported by CEE Legal Matters on November 30, 2023).

Oppenheim has advised the China National Machinery Import & Export Corporation and China Power International Holding on the acquisition of a project company developing a photovoltaic project with an installed capacity of 53.9 megawatts in Tiszafured, Hungary. Schoenherr advised the ID Energy Group on the sale.

Poland’s legal landscape is characterized by the increased mobility of lawyers and legal teams, while its markets are feeling optimistic following the results of the recent elections, according to Schoenherr Poland Managing Partner Pawel Halwa, and everyone is waiting for the new government’s investment and legislative priorities to come into focus.

Due to technological progress and the effects of the COVID-19 pandemic, consumers have increasingly turned to online shopping. This was accompanied by the rapid development of new methods of short-term financing, such as Buy Now, Pay Later (BNPL) services, which allow customers to pay for purchases at a later date than the date of receipt. In Poland, financing is interest-free for a certain period, generally 30 days, after which interest charges apply.

The latest amendments to the Polish Code of Civil Procedure regarding interim relief in intellectual property cases, among other matters, entered into force on July 1, 2023. Interim injunction proceedings are crucial when the parties wish to quickly prevent further infringement of their intellectual property rights and obtain protection for the duration of the main legal proceedings. The main purpose of these proceedings is essentially to secure claims, i.e., to obtain a ruling (order) in which the court will order the opposing party to act in a certain way or prohibit certain actions.

Inflation rates, while high across Europe, have been particularly making headlines in Turkiye. Yalcin Babalioglu Kemahli in cooperation with CMS Managing Partner Done Yalcin, Ergun Law Firm Partner Lara Sezerler, Celepci Law in cooperation with Schoenherr Office Managing Partner Levent Celepci, KP Law Managing Partner Onur Kucuk, and Guleryuz & Partners Partner Zahide Altunbas Sancak discuss the current outlook.

In import-export transactions across Europe, it is common for sellers to protect the assets they have sold by retaining the ownership title until the buyer has paid the full purchase price. Retention of title allows sellers to reclaim the assets if the buyer fails to pay, and even if the buyer goes bankrupt before payment is made. In Hungary, however, such an arrangement can lead to unpleasant surprises for sellers.

Schoenherr has announced it is expanding its Warsaw office with the addition of a team of 23 lawyers, including seven partners, as of February 2024. The move includes Partners Szymon Okon, Pawel Chyb, Ilona Fedurek, Tomasz Kwasniewski, Katarzyna Solarz, Katarzyna Szczudlik, and Marcin Czaprowski from SSW Pragmatic Solutions.

Schoenherr at a Glance

Schoenherr is a leading full-service law firm providing local and international companies stellar advice that is straight to the point. With 15 offices and 4 country desks Schoenherr has a firm footprint in Central and Eastern Europe. Our lawyers are recognised leaders in their specialised areas and have a track record of getting deals done with a can-do, solution-oriented approach. Quality, flexibility, innovation and practical problem-solving in complex commercial mandates are at the core of our philosophy.

Firm's website: www.schoenherr.eu