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- The Legal 500 United Kingdom Awards 2014
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Legal market overview
Growing frustration with the waiting game in the Polish energy sector, as the government delays in issuing new guidance, led to the exit of two international energy companies from the market in 2013; Iberdrola and Dong Energy withdrew from the market, with PGE and Energa acquiring the Polish assets of both companies. There has also been a flurry of activity in the private healthcare market, including BUPA’s acquisition of the Lux Med Group, by way of international auction.
This year sees the addition of a Restructuring and insolvency section to the chapter, to cover some of the legal work arising from the country’s ongoing economic challenges. Elsewhere, the Polish dispute resolution market remains buoyant, due in part to continuing difficulties in the construction sector, while the uncertainty created by the changes to the pensions regime has had an impact on stock exchange fundraisings.
In terms of significant lawyer moves, Piotr Gałuszyński left White & Case P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k. to head the banking and finance team at Kochanski Zieba Rapala & Partners, with fellow partner Jacek Czabański also joining. Greenberg Traurig Grzesiak sp.k. saw a number of departures, with Paweł Bajno moving to Norton Rose Fulbright, and Piotr Szelenbaum, Maciej Zalewski and Daniel Kaczorowski bolstering the team at White & Case P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k..
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Jurisprudence has provided two different decisions in identical case matter, namely the contracting authority's right (or the lack thereof) to disclose information regarded as a trade secret by the economic operator. The regional court in Łódź decided in 2004 that the contracting authority is bound by the economic operator's stipulation regarding confidentiality of some of the information contained in the offer. It may accept it or may reject the offer, but it has no right to disclose it. In 2005 the Supreme Court of the Republic of Poland declared something completely to the contrary in its resolution: the contracting authority has the right to disclose information which does not satisfy statutory conditions of a trade secret. Is the Supreme Court right and does its resolution constitute the final word in this matter? In my opinion, the resolution in fact only raises more doubts.
Since middle of May, a new act on LLP companies is in force in Guernsey, providing unique opportunities for tax planning.
Creation of something out of nothing, based on nothing, guaranteed by no one, persuading people that this something is worth anything - we wonder how much longer it will last and how many people will be worse off because of it.
New rules of statutory warranty bring longer deadlines and significantly alter the buyer's rights.
An employee or job applicant has the right to refuse to provide certain information. For example, a woman doesn't have to admit she is expecting a baby. Neither does she need to reveal what her father or husband does.
Business activity in Poland may be conducted in forms similar to those found in other European countries. Available types of business activity include: 1.1 commercial companies comprising: 1.1.1 corporations (limited liability company and joint-stock company); 1.1.2 partnerships (general partnership, limited liability partnership, limited partnership, limited joint-stock partnership); 1.2 branch offices of a foreign company; 1.3 representative offices of a foreign company; 1.4 individual business activity (also as part of a civil partnership). Cooperatives, associations, foundations and cross-border vehicles such as the European Company, or the European Economic Interest Grouping, which may also be used in conducting business in Poland, are not covered by this study. Read the full study here , prepared at the request of Polish Information and Foreign Investment Agency (PAIiIZ).
The Committee for Preparation of Amendments in the Bankruptcy and Restructuring Law, which was appointed by the Ministry of Justice, has recently prepared guidelines for the bill of a new restructuring law. It should be underlined that restructuring proceedings (often confused with bankruptcy proceedings) concern only entrepreneurs threatened with insolvency, but not yet insolvent, and the purpose of them is to make such entrepreneurs capable of conducting business activity.
Because it has never been clearly defined in any legal regulations, sponsorship can be classified in different ways from the tax point of view.
Kyiv, 11 August 2014 - Avellum Partners announced that it has acted as the Ukrainian legal counsel to Ferrexpo in connection with the following three export financing credits:
Avellum Partners announced that it has acted as the Ukrainian legal counsel to Ferrexpo in connection with the acquisition of an electrified railway of over two kilometers long and a power line.
Avellum Partners acted as the legal counsel to the owners of a leading Ukrainian FMCG producer in connection with its sale to a private investor.
KKR, a leading global investment firm, announced an investment in arago AG ("arago"). arago is a German-based high-tech company specialised in IT automation. KKR will acquire a minority stake in arago and support the global roll-out of arago's product portfolio with growth equity.
Funds Legal and Regulatory Update- Ogier
In early August 2014 „Popov & Partners" Law office was selected by the Ministry of Justice of the Republic of Bulgaria to perform public procurement named „Research and analysis of existing systems for enforcement in the EU Member States, research and exchange of the European good practices related to the construction of electronic system/portal for enforcement". The research is in the framework of „Effective and transparent enforcement, integrated with national and European electronic legal systems" implemented with the grant of the Operational Programme „Administrative Capacity", co-financed by the European Union through the European Social Fund.
In the middle of July 2014 "Popov and Partners" law office was awarded a public procurement, announced by the Ministry of Finance, with subject matter "Analysis of the structure of the Managing Authority of Operational Programme "Administrative Capacity" (OPAC) and development of an offer for structure of the Managing Authority of Operational Programme "Good Governance" (OPGG) in relation to the 2014-2020 programming period". The public procurement is part of a project for analysis of the structure of the Ministry of Finance and Operational Programme "Administrative Capacity" Directorate, realized with the financial support of Operational Programme "Administrative Capacity" (OPAC), co-funded by the European Union through the European Social Fund. The most fundamental aim of all project activities is to guarantee the effective execution of Operational Programme "Administrative Capacity" Directorate at the Ministry of Finance, in its capacity of Managing authority of the new Operational Programme "Good Governance" 2014 - 2020, which will replace Operational Programme "Administrative Capacity" and Operational Programme "Technical Assistance", implemented during the past programming period.
The international media company Bertelsmann is increasing its ownership of Gruner + Jahr to 100 percent by acquiring Jahr Holding's 25.1 percent shareholding. The transaction was agreed among Gruner + Jahr's shareholders. Bertelsmann's acquisition of the remaining shares in Gruner + Jahr will become effective on November 1, 2014. The purchase price is being paid in cash, and the parties have agreed not to disclose the amount.
Hengeler Mueller advises LEG Immobilien AG on acquisition of portfolio of around 9,600 residential uA subsidiary of LEG Immobilien AG ("LEG"), acting as the buyer, and Deutsche Annington Immobilien SE ("Deutsche Annington"), acting as the seller, yesterday signed an agreement for a portfolio transaction for around 9,600 residential units and related employees in North Rhine-Westphalia by way of share deal. The total transaction volume amounts to €484m. Following antitrust approval, the closing of the transaction is expected by the end of October 2014.