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Legal market overview
Burdened by huge debts racked up by its state-owned banks in the years prior to the credit crisis, Slovenia’s economy remains in a parlous condition. The Slovenian Central Bank recently forecast that it expects gross domestic product to contract 2.6% in 2013 and slip a further 0.7% in 2014, and some economists fear it could be the latest EU member to seek an international bailout. Against this backdrop it is hardly surprising that much of the transactional work handled by the country’s law firms relates to restructuring and that many M&A mandates have been of a distressed nature. Looking forward, the recent proposal to privatise 15 state-owned companies, in an effort to shore up government finances, should provide a range of mandates for law firms.
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On 12 April 2013, Slovenia's new Employment Relationship Act ( Zakon o delovnih razmerjih ; " ERA-1 ") and the Act on the Amendments to the Labour Market Regulation Act ( Zakon o spremembah in dopolnitvah Zakona o urejanju trga dela ; " ZUTD-A ") entered into force, introducing labour market reforms as a result of long-lasting negotiations among the country's social partners. The reforms aim to establish (maintain) adequate protection of workers and their employment relationships by simultaneously implementing more effective and flexible means of adapting to current market conditions (thus reducing labour market segmentation and increasing the flexibility of employment relationships).
The start of 2013 was marked by the long-awaited introduction of a new antitrust authority - the Competition Protection Agency - which will be led by Andrej Krašek. The internal organisation of the agency differs from the structure of the Competition Protection Office (for further information please see "Competition authority reorganised: finally, again and forthe last time?"). The senate and the president of the senate will be responsible for adopting decisions in individual cases and the agency will be run by the director and the council. The agency has been reinforced with 13 employees from other ministries and public bodies, which should enable quicker resolution of proceedings.
This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of the laws and regulations of mergers and acquisitions. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Mergers & Acquisitions; published by Global Legal Group Ltd, London. www.iclg.co.uk.
This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London.
Implementation of the Directive 2005/56/EC on cross-border mergers has for the first time enabled Slovenian companies to merge with companies from other member states. But Slovenian courts have little practical experience with cross-border mergers.
Implementation of the Directive 2005/56/EC on cross-border mergers has for the first time enabled Slovenian companies to merge with companies from other mem-ber states. But Slovenian courts have little practical experience with cross-border mergers. And the complex interaction of the relatively newly harmonised EC legisla-tion and the older local rules requires a sound knowledge of both regimes. It is particularly important to know how the local rules are applied in practice.
The Slovenian legislation includes the following types of in rem securities relating to: (i) real properties – mortgage (hipoteka), land debt (zemljiški dolg), real encumbrance (stvarno breme); and (ii) movables and property rights, respectively – pledge (zastavna pravica), retention of title (pridržek lastninske pravice), transfers by way of security (prenos v zavarovanje), and assignment by way of security (odstop v zavarovanje).
A practical cross-border insight into business crime
The Competition Protection Office recently initiated ex officio merger control pro-ceedings against the Federation of Slovenian Retired Persons' Societies. According to the office, the federation had acquired control over Vzajemna Zdravstvena zava-rovalnica dvz, a Slovenian mutual health insurance company, but failed to notify the concentration within the statutory 30-day time limit.
A practical insight to cross-border Mergers and Acquisitions.
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.