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Legal Developments - Law Firm Thought Leadership by Schoenherr (Schönherr Rechtsanwälte)

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Hungary: New Arbitration Legislation?

Schoenherr (Schönherr Rechtsanwälte) | May 2, 2017

The Ministry of Justice has circulated its initiative for improving the legal environment with the aim of increasing Hungary's competitiveness by amending certain regulations and institutions. Among other things, the initiative concerns cross-border mergers and operation of trustees, and generally aims to lighten administrative burdens. Most notably, if adopted in its current form, it will …

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Significant amendments to Austrian Competition Law – Part I (Overview)

Schoenherr (Schönherr Rechtsanwälte) | April 7, 2017

On 6 April 2017, the Austrian Parliament adopted significant amendments to Austrian competition law, as set forth in the Austrian Cartel Act ("KartG") and the Act on the Austrian Federal Competition Authority ("WettbG"). The amendments concern three main areas: (i) implementation of the EU Damages Directive; (ii) introduction of an additional transaction value test in merger control; …

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ECJ Allows Prohibition of Headscarves at Workplace

Schoenherr (Schönherr Rechtsanwälte) | April 7, 2017

Employers may prohibit their employees from wearing Islamic headscarves and other religious or political symbols, subject to certain conditions. On 14 March 2017, the European Court of Justice (the "ECJ") adopted a corresponding ruling in Luxembourg and decided on two cases in this respect, one dealing with a receptionist from Belgium and the other with …

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Slovenia Adopts New State Aid Legislation

Schoenherr (Schönherr Rechtsanwälte) | April 7, 2017

Slovenia adopted a new law regulating rescue and restructuring state aid, which entered into force in mid-February. When notified to the European Commission as a state aid scheme, it will allow the Republic of Slovenia to support companies and cooperatives in difficulty without having to notify support mechanisms in accordance with the provisions of the …

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Individual Tax Rulings Now Possible in Moldova – And They’re Binding!

Schoenherr (Schönherr Rechtsanwälte) | March 30, 2017

What previously was impossible and not foreseen by local legislation is now possible. Starting 1 January 2017, the Tax Code of Moldova (the "Tax Code") was amended by Law 281/2016 to include a separate norm (Art. 136¹) on individual tax rulings ("ITR") for the benefit of entrepreneurs. Within the limits of its scope and in …

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Bulgaria: Opening the gas market for foreign traders!

Schoenherr (Schönherr Rechtsanwälte) | March 20, 2017

Most recently, the Bulgarian Energy Regulator has taken significant steps towards the full liberalisation of the natural gas market: In December 2016, the Bulgarian Energy Regulator adopted legislative amendments to the Rules for Trading of Natural Gas (Правила за търговия с природен газ, "Trading Rules") and the Rules for Access to the Gas Transmission and/or …

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When Arbitration Meets Insolvency in Montenegro – Can They Coexist?

Schoenherr (Schönherr Rechtsanwälte) | March 20, 2017

Even at first blush, it is apparent that arbitration and insolvency make strange bedfellows. The reason they make such an odd couple is the different underlying policies, objectives, and purposes they stand for. The heart of arbitration lies at the privity of contract and the existence of party autonomy independent from the state. In contrast, …

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Hungary: Registration Fees for Company Establishment Abolished

Schoenherr (Schönherr Rechtsanwälte) | March 20, 2017

In an aim to simplify state administration and support economic growth, the Hungarian Parliament adopted a new law abolishing the registration fee and the publication cost for incorporating limited liability companies ("LLC") (korlátolt felelősségű társaság), limited partnerships (betéti társaság), general partnerships (közkereseti társaság), and sole entrepreneurships (egyéni cég). The new law becomes effective on 16 March 2017. …

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New regulation on unit-linked life insurance in Hungary

Schoenherr (Schönherr Rechtsanwälte) | March 20, 2017

Policyholders of unit-linked life insurance products pay an agreed sum for the unit-linked insurance to the insurance company, as a regular premium, or in one lump sum. These payments cover the life insurance component as well as the investment, administrative costs, contracting fee and the commissions. The "total cost charged" ("TCC") is an indicator – …

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Hungary: Increase of Minimum Sale Price May Affect Retail NPL Transactions?

Schoenherr (Schönherr Rechtsanwälte) | March 20, 2017

On 7 March 2017, the Hungarian parliament adopted a law that increases the minimum sale price of a residential property in the enforcement procedure from the current 70% of its market value to 100% (market value to be understood as the price set by the appraisal of the bailiff), provided that (i) the claim to …

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