Dr. Andras Szecskay

NKA welcomed the opportunity to express our opinion on potential changes to Czech merger control law! Martin Nedelka, Radovan Kubac, Richard Maliniak and Ondřej Čížek engaged in the public consultation organized by the Czech Competition Authority (CCA) to ascertain whether certain reforms were necessary.   We emphasized that the Czech merger control proceedings should be as smooth as possible. Therefore, we appreciate the proposal to extend the simplified proceedings and relax certain rules on documents disclosure.   However, we do not agree that any changes are necessary to the Czech turnover notification thresholds, such as:   - decrease or specific (lower) sectoral thresholds; - re-introduction of market shares-based thresholds; or particularly - the introduction of the call-in model.   We believe the current Czech notification thresholds are sufficient and appreciated by the business for ensuring clarity and legal certainty. In fact, they are one of the few clear and transparent notification thresholds around the world. The CCA should not go with the trend to sacrifice legal certainty for the effort to regulate mergers more than ever. We are looking forward to further debates. Hopefully, we will see you around at St. Martin’s Conference 2024 in Brno this November. Our partner, Radovan Kubac, will speak in a panel devoted to merger control.   #NKA #mergercontrol #UOHS

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During the first session of the II Family and Inheritance Law Forum, we will talk about marriage, family and marital relations in the current context together with our colleague Halyna Parusova💭 Register for the event so that you do not miss a unique opportunity to deepen your knowledge and join the exchange of ideas with industry experts: https://bit.ly/3WdRlw5 #events_UBA

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In view of the legal position settled by the Apex Page 17 / 25 https://lnkd.in/d5_yBvsD  Crl.O.P.No.17906 of 2017 and Crl.M.P.Nos.10920 and 10921 of 2017 court in Prem Dass's case ( supra) , it cannot be held that the legal position laid down by this Court in G.Viswanathan's case (supra) is good law. In the instant case, admittedly there is no concealment of any source of income or taxable item, inclusion of a circumstance aimed to evade tax or furnishing of inaccurate particulars regarding any assessment or payment of tax. What is involved is only a failure on the part of the petitioner to pay the tax in time, which was later on paid after availing installment facility with interest. The penalty imposed is now pending consideration before the appellate authority. So it would not fall under the mischief of Section 276 C of the Income Tax Act.Ansari Solicitor Firm

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🌍✨ The Constitutional Court of the Czech Republic concluded a visit to the Taiwan Constitutional Court this April! Led by President Josef Baxa, the delegation engaged in enriching discussions on constitutional judiciary practices and shared experiences that transcend geographical boundaries. 🇨🇿🇹🇼 📅 Following last year's successful meet in Brno, this year’s discussions in Taipei opened more avenues for bilateral cooperation and shared learning in safeguarding constitutionality. #CzechTaiwan #ConstitutionalLaw #JudicialExchange #GlobalJustice https://lnkd.in/eX-rAS4q

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Successfully represented Serbian company JP Srbijagas on recognition and enforcement of VIAC arbitral awards worth EUR 8 million against a non-signatory to the arbitration agreement. This is one of the first cases in Lithuanian court practice where the court has analysed and recognized the doctrines on extension of the arbitration agreement. The case is significant because it was in litigation for almost 10 years and concerned cross-border litigations in Cyprus and Austria. #arbitration #disputeresolution #internationalarbitration #investments #motieka #daujotas

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The CJEU has ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction of such a program does not constitute copyright infringement. The decision may impact the gaming industry and other sectors that rely on software development and innovation. While this ruling may create opportunities for new products and services that enhance the user experience, it is notable, however, that this decision relates to a very specific determination that applies only within the remit of the Software Directive. To learn more about what the CJEU ruling means for copyright protection for computer programs in the EU, read Jones Day's Commentary. https://ow.ly/b3YP50UoQV2 #copyright #intellectualproperty #EU

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🕵️‍♂️ Our Dušan Čupić delves into the complexities of collecting claims against controlling members of companies in compulsory liquidation. 🚀 Building on our previous discussions about Serbian regulations, Dušan now expands the focus to encompass the Western Balkan region. Discover how regional legal frameworks address this issue and the potential for streamlining cross-border enforcement. 📚 Read more to understand the nuances and challenges of enforcing claims beyond borders ⬇⬇⬇ https://lnkd.in/d3CwtWYN

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On the Joined Cases C-779/21 P, Commission v Front Polisario and C-799/21 P, Council v Front Polisario, the CJEU is reengeenering the chain of EU law application! ⚖️🇪🇺 #CJEU #EUlaw

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💬 Read an article with our partner Jana Sapáková about agreeing on and withdrawing form competition clauses for CEE Legal Matters. #competitionclauses #slovakia #ceelegalmatters #evershedssutherland

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⚡ CHECK OUT OUR LATEST #HR #NEWS, featuring the following topics! 1️⃣ Employer Agreements under review by the Antimonopoly Office; 2️⃣ New developments in the contractual regulation for “fixed-term” Employment; 3️⃣ EU Remuneration directive – no more hoaxes! #hr #news #employment #bnt #bntattorneysincee #lawfirm #international

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As many of you already know Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej w Warszawie/Court of Arbitration at the PCC, Poland’s largest and oldest arbitral institution, adopted new arbitration rules which came into force on 1 January 2025! The new rules modernize the arbitral procedure in line with solutions adopted by other international arbitral institution. They are aimed at making arbitration at the Court an attractive option for resolution of disputes coming from Central and Eastern Europe. The list of selected features: 🏛️ Warsaw will no longer be the default seat of arbitration, and Polish language will no longer be the default language of arbitration. Absent the parties’ agreement, the arbitral tribunal will decide on the seat and the language of arbitration. 👤 The new rules do not contain a long-standing clause providing that the presiding arbitrator and the sole arbitrator have to be chosen only from the list of recommended arbitrators compiled by the Court. From now this list serves only as a guide for parties who do not know who to appoint as an arbitrator for their dispute. 📝 A request for arbitration has become the only way to commence the proceedings. So far the parties could also commence proceedings by filing a full statement of claim but this solution proved ineffective and cumbersome both for the parties and tribunals. 📨 It is clear now that the tribunal may order all communications to be conducted in electronic form irrespective of a party’s opposition to this solution. 🚨 A new procedure before an emergency arbitrator was introduced. Before the arbitral tribunal is constituted, the emergency arbitrator may issue an order on an interim measure to secure a claim or preserve evidence. ⏰ As a rule, the arbitral tribunal is to set a date for a case management conference within 14 days from the date on which the file was transmitted to it. If the tribunal does not set the date, it has to issue the procedural order no 1 within 21 days. 🚀 A party may apply for early determination of each of the claims made by the parties, or early determination of a defence or an issue in dispute, if its claim, defence or position on the issue in dispute is manifestly meritorious, or a claim, defence or position of the other party on the issue in dispute is manifestly without merit. 🧾 The tribunal should render the award within six months from the date on which the file was transmitted to it, but no later than two months from the last day of the hearing or the date of the last written submission by a party. 📄 A new definition of an interim award allows the tribunal to decide any substantive issue in it. 📤 After the award has been sent to the parties, at the request of a party, the Court will email a copy of the award to that party. Sending the electronic copy of the award does not constitute delivery of the award. We are pleased to announce that the English version of the rules is now available on our website.

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Schoenherr experts Magdalena Roibu and Andrei Gabriel Greceanu recently contributed to the latest edition of "Navigation", a legal journal published by Navacelle. Titled "Cross-Country Insights: Addressing corruption allegations in arbitration disputes", the issue sheds light on the diverse approaches taken by arbitrators and state courts in addressing corruption allegations, exploring different legal frameworks and practices across various jurisdictions. Find out more about their chapter covering Romania here: https://lnkd.in/debqN8qq #arbitration

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The second edition of the CMS Commercial Law Digest has been released. This issue features essential regulatory updates and news from Austria, Bulgaria, Slovenia, and Ukraine. You can download the new edition here: https://lnkd.in/d38gcXEY #cmssofia #commerciallaw

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Over the past ten years we have been staring at how the Hungarian government has been systematically (mis)using a public interest exemption in the Hungarian Competition Act, declaring transaction after transaction to be of national strategic importance. For these types of concentrations, no authorization of the Hungarian Competition Authority is required. Moreover, the decision can be taken in a government decree without proper reasoning not subject to judicial review. Since the introduction of this exemption in Hungarian law in 2013, about 40 merger cases, in the area of media, energy, financial services, telecommunications, IT and transport sectors were approved by the government without having the Hungarian Competition Authority assessing them on the basis of their impact on competition. Could this practice be reversed by the application of Towercast? A recent judgment of a Hungarian administrative court seems to suggest. The Hungarian court obliges the Hungarian Competition Authority to investigate a formal complaint, it previously rejected. The complaint claimed that as a result of the 4iG/Vodafone merger (which was declared a merger of national strategic importance on 10 January 2023 by the Hungarian government and exempted from any kind of merger control by the Hungarian Competition Authority) Antenna Hungária (part of the 4iG group of companies) abused its dominant position and, hence, violated Article 102 TFEU and its Article 21 of the Hungarian Competition Act. According to the sale and purchase agreement signed on 8 January 2023, Antenna Hungária, a subsidiary of 4iG, acquired a 51 percent stake in the second largest telecommunications company in the Hungarian market, while the Hungarian State acquired a 49 percent stake. The complaint made reference to the CJEU's judgment Case C-449/21 Towercast, as well as to previous decision of the Hungarian Competition Authority (VJ-42/2018) which examined the same markets affected by the merger a few years ago and in its 2020 decision identified serious competition concerns. The Hungarian Competition Authority rejected the complaint and its request to open a competition procedure for a detailed ex post investigation of the 4iG/Vodafone merger and investigate whether the merger strengthens the position of Antenna Hungária to such an extent that the level of dominance achieved significantly restricts competition. The Authority reasoned that due to the merger's national strategic importance, it could not investigate the case. This is an excellent summary by Bálint Szalai of the case and the broader Hungarian political economy context, in Hungarian: https://lnkd.in/exEe-zCE

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Important legal update coming from the Montenegrin IP sector: On 13 May 2024, the Parliament of Montenegro approved amendments to the Copyright Law, expected to take effect after June 2024. The changes aim to align the law with the Marrakesh Treaty, improving access to published works for people with disabilities. They also ensure compliance with 2017 EU directives. For more information, visit our website or click the following link. #Montenegro #CopyrightLaw #IntellectualProperty #Amendments #MarrakeshTreaty #EUdirectives

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Today, Korupcijas novēršanas un apkarošanas birojs (KNAB) and Transparency International Latvia / DELNA organized an online discussion to find the answer to the question: should criminal liability be applied for bid-rigging in public procurements. KNAB supports amendments to the Criminal Law that stipulate criminal liability for such illegal conduct, and during the discussion our Head of Criminal Investigation Department Anda Rumjanceva defended the position of KNAB. 💬 A. Rumjanceva said: “The administrative fine for participating in bid-rigging is paid by the company, while the individuals who are actually the masterminds and executors of the scheme remain unpunished. Figuratively speaking, I want to compare this to an octopus – if we cut off one leg, the remaining legs continue to operate and devise schemes.” ❗️KNAB has a firm opinion that such amendments are necessary as prohibited agreements among businesses create the illusion of competition and society receive goods and services of lower quality for prices that do not correspond to the actual market situation. Thus, state and local municipalities are not able to invest their limited budget resources effectively. 🤝KNAB thanks Transparency International Latvia / DELNA, Konkurences padome (Competition Council of Latvia), Foreign Investors'​ Council in Latvia, Latvijas Darba devēju konfederācija, Sorainen and other participants of the online discussion for sharing their opinion.

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A very practical English translation of the Czech Act on Class Actions. 🇨🇿 ⏳️ The Act on Civil Class Proceedings will enter into force on 1 July 2024. Prepared by HAVEL & PARTNERS (thank you Jan Sturm for sharing). #classaction #czech #czechia #legislation #lawyers #legal #litigation #disputeresolution #legalnews

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Revision of ECtHR judgments is a rare practice. In this latest blog post of Strasbourg Observers, Marie-Hélène Ludwig and I reflect on the developments in the case of Y.T. v Bulgaria. We analyse the path to the original ruling and the recent revised judgment, by placing the case in the context of hardships faced by the #trans community in #Bulgaria.  We also address the need for an updated terminology in the Court’s future decisions in trans rights cases, particularly in French, which is essential for adequate implementation of human rights. If you are looking for end of year reading suggestions, have a look: https://lnkd.in/ehYifyQk. Happy holidays!

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📰Important Legal Update📰 The news portal Tvnet has published RockBridge Legal partner and litigator Dr.iur.Viktorija Jarkina-Toca's opinion on an important and current issue discussing a preliminary ruling made by the Court of Justice of the European Union topic on October 4, 2024. In the article by Tvnet it clarifies that EU law does not require the confiscation of property without proving guilt, as the EU leaves this matter to the discretion of individual member states. This ruling means that the Latvian Parliament must review its legal framework for the confiscation of criminally acquired assets. Current regulations citing this directive as a basis are unfounded. If Latvia continues its unique approach, it will need to ensure it aligns with constitutional rights to property and a fair trial. #LegalUpdate #EuropeanUnion #LatvianLaw #JusticeMatters #FairTrial #PropertyRights #LatviaLaw #EUlaw #CourtRuling Read more in the article linked below: ⚖️ https://lnkd.in/gxPkf9JG

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