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.

At the end of May 2023, the Austrian Ministry of Finance issued a new draft law. The Start-Up Promotion Act is intended to create a new regulation for start-up employee shareholdings that should apply to shares surrendered on or after January 1, 2024.

It was another strong year for the leading law firms in Central and Eastern Europe, which, combined, worked on over a thousand deals and other client matters across the region reported on by CEE Legal Matters this year. According to the Activity Rankings function of the CEELMDirect website, Clifford Chance, which worked on an impressive 95 CEELM-reported CEE client matters in 2023, led the international firms in the region, with Schoenherr, which worked on 90, close behind. Dentons (82), CMS (71), Wolf Theiss (65), Cobalt (66), Kinstellar (50), White & Case (45), and Allen & Overy (42) took notable places on the leaderboard as well.

Wolf Theiss has advised the shareholders of Romania's DRIM Daniel FMCG on the sale of their majority stake in the company to Polish retail company Zabka, part of CVC Capital Partners. DLA Piper advised buyer Zabka Polska.

Former Eversheds Sutherland Counsel Ondrej Benes has joined Wolf Theiss as a Counsel and Head of the firm's Employment team in Prague.

Wolf Theiss has advised Panattoni on obtaining a EUR 17 million financing from BNP Paribas Bank Polska for the construction of the Panattoni Park Grodzisk V warehouse park in the village of Natolin, near Warsaw.

Wolf Theiss has advised AMS-Osram on the implementation of the company's refinancing plan with a volume of approximately EUR 2.2 billion.

The current rules on foreign direct investments (FDI), which are already quite restrictive, will be tightened further from January next year: the current exemptions will be narrowed, and the Hungarian State will have a right of first refusal for solar power plant investments. The government is trying to address a long-standing and sensitive issue for domestic energy policy, while also affecting other non-renewable investments by tightening the exemptions.

As of 1 January 2024, the Hungarian Parliament is expected to introduce a new framework for the conditions of residence and employment of third-country nationals in Hungary, significantly rewriting the existing rules.

In early September of this year, the President of Ukraine signed the Law “On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation on Protection of Economic Competition and Activities of the Antimonopoly Committee of Ukraine” (the “Law”). 

2023 has been marked by unprecedented challenges and unexpected developments, according to Wolf Theiss Partner Ileana Glodeanu. From major events like the Hidroelectrica IPO to a surge in large-scale transactions and surprising sectoral activities, Glodeanu shares her thoughts on market conditions and emerging trends in Romania.

Wolf Theiss, working with Ropes & Gray, has advised drug development contract research organization QPS Holdings on the full sale of its QPS Neuropharmacology business unit to Scantox. Dorda, working with Denmark's Accura, advised Scantox.

Is the M&A market facing a further slowdown due to the macroeconomic situation? Or, following the recent parliamentary elections in Poland, will the market quickly rebound after a brief pause and continue to experience the best economic period in modern history? Can we expect more records to be broken? The truth may lie somewhere in the middle, as there is no shortage of challenges lying in wait for the economy.

On July 7, 2023, CEE Legal Matters reported that Wolf Theiss expanded its Polish Corporate/M&A practice with the addition of seven Partners, at the core of a 27-strong team, from Wardynski & Partners. Wolf Theiss Poland Co-Managing Partner Tomasz Stasiak and Wolf Theiss Poland Partner and Co-Head of Corporate M&A team Izabela Zielinska-Barlozek share details about the transition and their plans going forward.

In connection with the implementation of Directive 2019/1152 on transparent and predictable working conditions in the European Union, a principle has been introduced into the Polish Labor Code, according to which an employer may not prohibit an employee from parallel employment with another entity. The Polish legislator has established a strict ban on parallel employment with very few exceptions, which is widely criticized by employers.

On September 22, 2023, the amendment to the Polish Code of Civil Procedure entered into force that significantly reinforces the protection of employees who benefit from special protections against dissolution of employment. As a result, an employer can no longer dismiss a specially protected employee until a final judgment is passed, which can, due to lengthy court proceedings, take several years.

Vlasceanu & Partners and Wolf Theiss have advised the Ratesti Solar Plant – an Econergy group and Nofar group subsidiary – on the EUR 60 million financing from Raiffeisen Bank International and Raiffeisen Bank Romania to finance part of its EUR 102 million 155-megawatt solar project in Ratesti, Romania. CMS reportedly advised Raiffeisen Bank.

Wolf Theiss has advised the Kyoto Group on the agreement to deliver its Heatcube thermal energy storage system to Hungarian food ingredient producer KALL Ingredients.