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  2. Leading individuals

Leading individuals

CMS Reich-Rohrwig Hainz Branch Office Zagreb’s market-leading position is due to its experience in the core areas of tourism, shopping centres, and commercial retail and real estate-financing. The ten-strong dedicated team, headed by Gregor Famira, benefits from its growing specialist tax advice capability, adding value for clients such as Falkensteiner Michaeler Tourism Group and MID Group in the structuring and restructuring of real estate and hotel projects and tax litigation. The group acts in all the headline real estate developments – Landmark Property Management instructed it on one of Croatia’s largest tourism developments – the €250m Korenat Point resort; and M2 on the ongoing €180m Supernova shopping centre.

American investment fund WP Carey instructed Divjak, Topic & Bahtijarevic on the largest investment in logistics facilities in Croatia in recent years, and followed this with further instructions on real estate developments. In common with many firms, Emir Bahtijarevic’s team saw some changes in personnel but continues to advise clients in the retail, tourism and logistics sectors on the intricacies of Croatia’s evolving property law and the financing of development projects.

Sanja Porobija at 14-lawyer Porobija & Porobija comes highly recommended. She has recently advised on a variety of standalone and transactional real estate issues, including retailer Condor Real in relation to lease agreements for retail outlets, and an international investor on the purchase of agricultural land. Disputes over land are also a feature – Porobija is engaged on four litigious matters on behalf of a Greek real estate fund and Croatian contractors and corporates.

Savoric & Partners stands out for its experience in the leisure and tourism sectors, acting for Hidrocommerce and Jupiter Fund on the Sun Gardens project and development of tourism accommodation on the Dubrovnik coast. Its prowess in land purchase and development is attested to by its retainer as sole adviser to IKEA for the acquisition of land for retail development, and by Pirelli RE in the acquisition of a hotel and tourism organization. Financing of acquisitions falls under Boris Savoric’s remit, while Helena Sjaus leads the real estate and litigation group focusing on property transactions and contentious matters.

The combination of real estate specialist Mirko Bogdanovic and corporate finance expert Tin Dolicki at Bogdanovic, Dolicki & Partners results in a formidable team for the financing of assets with real estate or property aspects such as the wind farm constructions which have recently been a feature of the practice.

The real estate group at Law Firm Glinska & Miskovic Ltd, headed by Beata Glinska, is strong on finance leasing structures and regularly acts for financiers, developers and corporates acquiring or expanding property interests. Long-standing client Immorent Leasing is advised on all its real estate issues from security documents to regulatory matters.

2010 saw Wolf Theiss – Zagreb branch real estate associate Silvije Cvetko very busy, with instructions including the financing of new shopping centre projects in Zagreb, Split and Rijeka; advising an Austrian real estate fund on its real estate acquisitions, including providing Konzum, the largest Croatian retailer, with all of its significant store locations; and advising Signa Osam Immobilien on its acquisition of the Hoto Business Tower from Hypo Alpe-Adria-Immobilien. ‘A high level of flexibility and creativity’ was required when assisting a foreign investor in the first purchase of forest land by a non-Croatian.

A highlight of 2010 for Zuric i Partneri was advising on a 25-hectare tourism development in Hvar for a foreign developer. The team continues to work on the Royal Golf Park in Dubrovnik, and received new instructions relating to another golf park in central Croatia.

Babic & Partners Law Firm advised a multinational corporation on financing arrangements for construction and development of various tourism and leisure facilities on the Croatian coast valued at €60m. The profile of the instructions handled by Marija Gregoric tends towards property financings.

Due diligence in relation to investments in real estate is a feature of Law Office Boric’s practice. The firm has experience in the tourism and retail sectors.

Kruno Knezevic heads Hanzekovic & Partners’ team, which advises on all aspects of real estate transactions from the acquisition of land and property companies for foreign investors to the negotiation and drafting of documents and obtaining of permits and licences.

Ivekovic Law Offices majors in real estate matters from the financing of investments in property and land for foreign investment groups, to the restitution of property for private owners. The firm acted for Dayland Group and Incrementum on the development of greenfield sites for retail and industrial purposes.

European investors instruct Juric & Vrbanovic LLP on the M&A structuring of real estate acquisitions in the business, residential and tourism sectors.

Kunstek, Halle & Simac recently acted as adviser to Hungarian investors on the purchase of Croatian hotel and leisure amenities; and to Croatian sellers of a €48m 80-hectare development site on the island of Pag to a Slovenian investment fund.

Law Offices Macesic & Partners predominantly acts for banks on the financing of real estate developments in Rijeka and the Istrian Peninsular, and in disputes arising with investors over the funding of property and land. In 2010, the office was engaged by Raiffeisen Bank Austria to provide legal assistance ranging from litigation to legal opinions in relation to five different real estate investments.

In addition to continuing referrals from existing Croatian real estate development and construction companies, Madirazza & Partners gained a new Austrian real estate developer as a client in 2010. Instructions included research and due diligence on investment possibities for a tourism project in Dalmatia and examining issues of ownership, maritime domain, zoning and planning, building permits and specific regulations affecting condominiums.

Schoenherr Rechtsanwälte GmbH in co-operation with Croatian Lawyers is instructed by Lidl on the acquisition of sites for retail development, and assists its Austrian and CEE clients with the real estate and property aspects of business sales and mergers. Michael Lagler oversees the practice from Vienna, and associate Jana Cvirn is on the ground in Zagreb.

Law Firm Simunovic & Batur conducted the requisite due diligence and structuring for the acquisition and construction of tourist resorts in Dalmatia on behalf of investment funds and consortia from Turkey, USA, Canada and Australia. Stella Simunovic and Maja Batur are ‘both well experienced in corporate law, tax, due diligence and real estate issues’, while the group is ‘small enough to be dedicated – service for such a price is above the market level’.

From advising Austrian investors attempting to overcome zoning regulations to selling real estate previously purchased for the development of industrial zones, Vukmir & Associates has experienced the full range of transactions and recently advised Russian buyers on the purchase of agricultural land.

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Legal Developments in Croatia

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Restitution of Property to non-Croatian Citizens – Possible at Last?

    After 14 years from the adoption of the Croatian Restitution Act, restitution to non- Croatian citizens of their nationalised property has become possible after the issuance of a Croatian Supreme Court ruling. Will the remaining restitution proceedings be finalised at last?
  • Implementing Regulations on Public Procurement

    On 1 January 2008 the new Public Procurement Act came into force. However, following the coming into force of the new Act the Public Procurement Office, a regulatory body authorized to develop and coordinate the public procurement system in Croatia reported that in the practice the new Act is actually suspended until the regulations necessary for its implementation are adopted.
  • Amendments to the Personal Data Protection Act

    On 28 March 2008 Croatian Parliament enacted Amendments to the Personal Data Protection Act ("Amendments").
  • Amendments to Civil Obligations Act

    The currently applicable Croatian Civil Obligations Act was enacted in 2005 ("2005 Act") with a goal of harmonizing Croatian legislation with a number of EU Directives relating to combat against late payment in commercial transactions, self-employed commercial agents, sale of consumer goods and associated guarantees, liability for defective products, as well as package travel.
  • Amendments to Electronic Commerce Act

    On 17 June 2008 the Amendments to Electronic Commerce Act ("Amendments") came into force. These amendments are aimed at fully harmonizing Croatian electronic commerce regulations with the relevant EU laws.
  • One-Tier Corporate Governance System Introduced in Croatian Legal System

    On 3 October 2007 Croatian Parliament enacted the Amendments to the Companies Act which should enter into force on 1 April 2008 ("Amendments", "Act"). These Amendments represent the first substantial change to the Act since 2003.
  • New Takeover Act Enacted

    Background
  • New Public Procurement Act

    On 1 January 2008 the new Public Procurement Act came into force. The Act was modeled on a number of EU regulations concerning public procurement, most notably directive on coordination of procedures for award of public works, public supply and public service contracts, directive on procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as well as directive on review procedures to the award of public supply and public works contracts.
  • Resignation of a Member of the Management Board

    In a recently published decision, the Croatian High Commercial Court held that in corporations having two-tier corporate structure, the Supervisory board (as a body resolving on appointment and revocation of members of the Management Board) is not authorised or required to resolve on resignation of the Management Board's member. The court was on the standpoint that the resignation has legal effects as of the moment of its delivery to the Supervisory board. As a result, once the Supervisory board receives a resignation of a member of Management Board, it is not to discuss such resignation, but only undertake necessary steps to appoint new member of the Management Board and register the changes with the competent registry court.
  • Constitutional Court Rules on Squeeze Out

    According to recent press release, in February 2007 the Croatian Constitutional Court overruled the claim filed by minority shareholders of Siemens affiliate in Croatia. The minority shareholders requested the Constitutional Court to declare that rules on squeeze-out introduced into Croatian legal system under the 2003 Amendments to Companies Act are in violation of the Croatian Constitution. Under the disputed rules, shareholders' meeting may, at the request of the majority shareholder holding at least 95% of the shares, decide to transfer to such majority shareholder the shares held by minority shareholders, provided that the squeezed-out shareholders are paid appropriate compensation.

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