On 2 May 2018 the Croatian Constitutional Court
("Constitutional Court") upheld the Law on Extraordinary
Administration Procedure for Companies of Systematic Importance for
Croatia, better known as "Lex Agrokor".
With this decision, the court rejected twelve proposals
requesting a review of Lex Agrokor and its conformity with the
Constitution. The Constitutional Court's decision was not
unanimous. Three out of the full panel of thirteen judges
dissented: expressing their opinion that a significant number of
Lex Agrokor provisions were not in line with the Croatian
Constitution.
In its decision, the Constitutional Court stated that the
provisions of Lex Agrokor did not constitute a violation of
ownership rights or entrepreneurial and market freedoms. In its
explanation, the Constitutional Court stated that entrepreneurial
and market freedoms are not absolute, but rather that they can be
limited by law provided that there is a legitimate goal and that
the limitation