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New investment claim against the Republic of Bulgaria in the energy sector
On 26.05.2015 the International Centre for Settlement of Investment Disputes (`ICSID`) in Washington D.C., USA registered a new request for the institution of arbitration proceedings against the Republic of Bulgaria. The claimant is the Czech company ENERGO-PRO a.s....
Additional competences to the Bulgarian drug agency provided by the amendments of the medical devices act
On 26th May 2015, the Amendment and Supplement to the Medical Devices Act ("MDA") entered into force, following its publication in the State Gazette....
The commission on protection of competition launches a sector inquiry in the pharmaceutical sector
On Friday, May 29th 2015, the Bulgarian Commission on Protection of Competition ("CPC", "Commission") announced that it is about to review in details the pharmaceutical sector in Bulgaria by conducting a sector inquiry. Sector inquiries are a non-company investigative tool used by the competition authorities in areas where the market face obstacles....
Amendments to legislation on energy from renewable energy sources
On 6 May 2015, the Chamber of Deputies adopted a draft law which approves a number of measures in the field of energy from renewable sources (E-RES) and a number of amendments to the related legal enactments...
European commission launched e-commerce sector inquiry
After the announcement of the European Commissioner for Competition, Margrethe Vestager, to initiate a sector inquiry for the e-commerce markets in March, the European Commission launched an antitrust competition inquiry into the e-commerce sector on May 6th. Competition sector inquiries are used by the European Commission (`EC`) as a non-company investigative tool in areas where the EU single market integration is often faced with obstacles....
Orphan works – a first-time regulation in Bulgaria
Orphan works are works or phonograms first published in the European Union (EU) and protected by copyright or related rights where the proprietor cannot be identified or, if identified, cannot be located despite a diligent and duly documented search....
Czech Republic: Amendment to the energy act
On April, 10 2015 the Chamber of Deputies approved a draft amendment to the Energy Act. At this moment we are waiting for amendment approval by the Senate (the Senate meeting is scheduled from 13 May 2015). If the Senate would return the Amendment to the House of Deputies, the House of Deputies have had to accept the Amendment by a constitutional majority, which seems at the moment very unlikely. It is therefore difficult to assess whether the amendment eventually even in this wording comes into force. The amendment could bring positive change including a substantial reduction of administrative burden for entrepreneurs and small producers of electricity....
The district court of Munich I denies recognition of HaaSanG and of the moratorium referring to liabilities of HETA Asset Resolution
As a follow-up to our Client Alert of 3rd March on the HETA situation, please find attached a new Client Alert in response to media reports over the weekend of a not yet final decision of the District Court of Munich I. In the decision, the court denied recognition of the effects of the Austrian statute on restructuring measures for HYPO ALPE-ADRIA-BANK INTERNATIONAL AG (HaaSanG) as well as of the Austrian Act on the Recovery and Resolution of Banks (BaSAG) and has, to a considerable extent, granted the claim of Bayern LB against HETA for the repayment of several loans....
HETA – Landgericht München I verneint Anerkennung des HaaSanG und des Moratoriums
Das Landgericht München I hat mit einem Urteil vom vergangenen Freitag, den 08.05.2015, für Aufsehen gesorgt, in dem es die Wirksamkeit (i) der aufgrund des österreichischen Bundesgesetzes über Sanierungsmaßnahmen für die HYPO ALPE-ADRIA-BANK INTERNATIONAL AG (HaaSanG) angeordneten Erlöschenswirkung sowie (ii) des aufgrund des österreichischen Bundesgesetzes über die Sanierung und Abwicklung von Banken (BaSAG) angeordneten Aufschubs der Fälligkeit gemäß Mandatsbescheid der FMA vom 01.03.2015 ("Moratorium") auf dem deutschen Recht unterliegende Verbindlichkeiten der HETA gegenüber der BayernLB nicht anerkannte....
Gas market highlights (Hungary)
With new legislation put in place regarding capacity booking and the revocation of universal service licences, and the launch of the national utility company, the past few months have brought considerable changes to the gas market. We have summarised the latest developments....
An American investment fund progressing towards receiving a refund of polish taxes withheld by entities paying it dividends
On 15 April 2015, the Warsaw Administrative Court overturned a decision of the Polish Tax Office refusing a refund to an American investment fund of withholding taxes remitted to the Polish Tax Office by entities paying out dividends to the Fund in 2006-2009....
ECJ: Environmental impact assessment decisions not binding on neighbours
New ECJ decision affects Austrian declaratory EIA decisions: The ECJ recently ruled that declaratory EIA decisions that ex ante deny an EIA obligation are not binding on neighbours. The decision raises numerous legal questions. Therefore, dealing with EIA issues at an early stage is vital....