In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. Given the dynamic and ever-evolving nature of the legal profession, we asked: What is the one critical skill that you’re investing time and energy in to develop within your team, and why?

During 2023, there have been significant changes in the legal regulations in the field of planning and construction as well as in terms the Real Estate Cadastre in Serbia. In August, amendments to the Law on Planning and Construction entered into force, while in November, amendments to the Law on the Registration Procedure with the Cadastre of Real Estate and Utilities (which is now called the Law on the Registration Procedure with the Real Estate Cadastre and Infrastructure Cadastre) entered into force.

The Companies Act of the Republic of Serbia (“Off. Herald of RS”, Nos. 36/2011, 99/2011, 83/2014 - other law, 5/2015, 44/2018, 95/2018, 91/2019 and 109/2021; hereinafter: “the Law”) prescribes a circle of persons who have certain special duties towards the company:

The Commission for Protection of Competition (“CPC”) and the Republic Secretariat for Public Policy (RSPP), in cooperation with the Organization for Economic Cooperation and Development (OECD), enacted a while back a Control List for Assessing the Impact of Regulations on Competition (“Control List”), which establishes whether a specific proposal or draft regulation could lead to competition distortion in the market.

In December 2023, The New York Times (“NYT”) filed a lawsuit against Microsoft and OpenAI for alleged copyright infringement and misuse of intellectual property, all related to the popular AI chatbot ChatGPT.

Cytowski & Partners has advised Collabwriting on its USD 1.1 million seed financing with Smok Ventures, Credo Ventures, Fiedler Capital, Underline Ventures, Startup Wiseguys, and several CEE angel investors. Schoenherr reportedly advised Collabwriting as well. San Diego-based Komorowski PLLC reportedly advised lead investor Smok Ventures.

On January 1, 2024, the amendments to the Law on Fees for the Use of Public Goods, published in the Official Gazette of RS No. 92/2023 (“the Law”), came into effect.

We continue to deal with court decisions that creatively interpret the provisions of the Labor Law concerning the termination of employment contracts, thereby introducing significant legal uncertainty in practice.

BDK Advokati has advised Hodler Asset Management on its acquisition of the remaining 32% of shares in Superior Foods, thus becoming its sole owner. Belgrade's Nikolic law office advised Superior Foods.

NKO Partners has advised CTP on a new real estate transaction in Serbia: the purchase of a 22-hectare plot located in the industrial zone of Sombor, near the borders of Hungary and Croatia, from the local municipality.

On the evening of April 25, 2024, the Deal of the Year Awards Banquet brought together, under the same roof, top-tier lawyers from Central and Eastern Europe's leading law firms in the region in Warsaw.

Belgrade's MPartners Legal, working with Perth's Steinepreis Paganin and Bird & Bird in London, has advised Ibaera Capital Fund subsidiary ISIHC on the sale of the Rogozna Gold Project in Serbia to Strickland Metals Limited for a consideration of AUD 34.2 million in shares.

The reasoning behind the draft laws not included in the laws those provisions from the EU regulations that can be applied only by the member states of the European Union, as well as those that prescribe obligations only for the member states, is questionable.

Did you know that, according to the Activity Rankings function of the CEELMDirect website, of the 88 law firm partners who have reported working on disputes in CEE over the past 12 months, only nine have reported working on more than one?

To facilitate easier obtaining of residence and work permits, due to the increasing influx of foreigners coming to live and work in the Republic of Serbia, new amendments were made to the Law on Foreigners and the Law on Employment of Foreigners in 2023. As a result of these legal amendments, there was a need to adopt new bylaws that would comply with the latest changes.

According to the provisions of the Labor Law (“Law”), in case of (culpable) breach of work obligations or non-compliance with work discipline by an employee, before terminating the employment contract or imposing another measure prescribed by Law, the employer is obliged to warn the employee in writing about the existence of grounds for termination of the employment contract and to provide them with a deadline (of at least eight days from the date of receipt of the warning) to respond to the allegations included therein.

NKO Partners has advised the IGEPA group on its acquisition of a 51% stake in Serbian company Oracal Polikarbonati from Dejan Karic, who will stay on with a 49% stake. Four Legal advised the seller.