The Legal 500

Legal Developments in Bulgaria

• Bulgaria: A welcome reform or a market disruption

  The latest amendments to the Bulgarian Commerce Act are intended to implement the Late Payment Directive (2011/7/EU) (the “Directive”). The Directive was adopted in February 2011 and was due to be implemented by 16 March 2013. Currently, is adopted in 17 of 27 Member States of the EU. The aim of the Directive is to prevent the grossly unfair treatment of those creditors who are unable to negotiate level-playing field payment terms, irrespective of whether that status is due to the creditors’ weaker bargaining power or to the fact that the terms are in fact subjected to limited negotiations, as with public procurements. The scope of the amendments in the Bulgarian legislation implementing the Directive concern only business to business and government to business transactions , for which maximum terms are introduced for payment of monetary obligations. Unfortunately, the amendments do not entirely implement the Directive and certain provisions of this EU legislation have been left out, such as:
  - Schönherr

• Bulgaria_Commission adopts corporate compliance programme guidelines

  At the end of 2012 the Competition Protection Commission adopted guidelines regarding corporate compliance programmes. In general, the guidelines highlight the advantages of these programmes. Through the guidelines, the commission aims to encourage businesses to develop and implement compliance programmes in order to reduce or avoid the risks of non-compliance with competition law.
  - Schönherr

• Commission imposes highest-ever penalty for prohibited agreements

  In November 2012 the Competition Protection Commission imposed the highest penalty in its history for prohibited agreements between the distributor of Hyundai in Bulgaria, Industrial Commerce OOD, and authorised Hyundai/Industrial Commerce dealers pursuant to Article 15 of the Competition Protection Act and Article 101 of the Treaty on the Functioning of the European Union. 
  - Schönherr

• Mergers & Acquisitions 2013. Chapter 10: Bulgaria.

  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.
  - Schönherr

• Real Estate 2013. Chapter 6: Bulgaria

  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. www.iclg.co.uk .
  - Schönherr

• VAT LIABILITY OF A TRADE REPRESENTATIVE OFFICE IN BULGARIA?

  The present article deals with the question of who is to be invoiced and who is VAT liable if a taxable person in Bulgaria supplies services to and for the benefit of a trade representative office -established in Bulgaria - of a foreign entity.bu
  - Lex Locus Law Offices

• Competition Legislation Imposes New Restrictions on Business

  On 14 June 2012, the Ministry of Economy, Energy and Tourism published on its Internet site draft amendments to the Protection of Competition Act and respective reasons.
  - Penkov, Markov & Partners

• Protection of Business Transactions in Case of Insolvency

  One natural consequence of the economic crisis is the steadily growing number of bankruptcy proceedings. An effective means of protecting the interests of creditors in such proceedings is the introduction of the principle of nullity of transactions concluded during the so-called ‘suspicious period', directly following the initial date of insolvency (or, respectively, over-indebtedness).
  - Penkov, Markov & Partners

• Omissions in the energy strategy disturb the investment climate

  In a previous article, I asked the question of whether the State is “for” or “against” green energy. The latest amendments to the law of April 10, 2012, as well as subsequent decisions by the State Energy and Water Regulatory Commission (SEWCR) confirmed that the State takes a stand against wind and photovoltaic power generation.
  - Penkov, Markov & Partners

• Disputes over Second World War Reparations Thwart Bulgaria’s...

  Privatisation Efforts
  - Schönherr