In The Corner Office, we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. As we bid farewell to 2023, this time around we turn our attention forward: What is your one main wish for 2024 and what do you see as the biggest potential risk?

The Serbian Commission for Protection of Competition (“Commission”) has recently determined that the companies KTG Solucije d.o.o. Subotica (“KTG”) and Eco sense doo Subotica (“Eco Sense”) entered into a restrictive agreement that significantly impacted competition in public procurement procedures related to hygiene maintenance materials and services.

On 14 February 2024 the Decision of the Constitutional Court of the Republic of Serbia no. IUz-60/2021 was published, which determines that the provision of Article 13, Paragraph 1 of the Law on Financial Support for Families with Children (“Off. Gazette of the RS”, no. 113/17, 50/18, 46/21 – Decision of the CC, 51/21 – Decision of the CC, 53/21 – Decision of the CC, 66/21, 130/21, 43/23 – Decision of the CC and 62/23), is not in accordance with the Constitution of the Republic of Serbia in the part that reads:

For those familiar with the situation in the world of football in Europe, the end of 2023 was very interesting bearing in mind that the European Court of Justice (ECJ) made two important decisions concerning football organizations FIFA and UEFA.

On February 19, 2024, Tosic & Jevtic and JPM Partners jointly announced their new strategic partnership, with the Serbia-headquartered firm expanding its presence to North Macedonia and Tosic & Jevtic becoming part of JPM Partners.

Quite unexpectedly, 2023 has proven to be a pivotal year for our trilogy on commercial offenses, considering the anticipated surge in the number of commercial cases before the national Commercial Courts attributed to the announced expeditiousness of public prosecutors. In light of such circumstances, we once again urge our readers, if they have not already done so, to check out our Chapter 1 - "A Commercial Offense – A Brief Review of an Unjustifiably Neglected Step Between a Misdemeanor and a Criminal Offense."

Amendments to laws and other regulations must stipulate transitional and final provisions. They regulate, among other things, the date of entry into force of the act, which is, as a rule, eight days starting from the day of its publication in the "Official Gazette of the Republic of Serbia", while in certain cases later implementation of the act or its certain provisions is foreseen.

On 29 December 2023, the Government of the Republic of Serbia adopted the Regulation on financial support for dual education ("Official Gazette of the RS", No. 120/2023), which entered into force on 6 January 2024 (hereinafter: the Regulation).

The U.S. Securities and Exchange Commission (SEC), the agency responsible for regulating the securities markets and protecting investors in the U.S.A, granted approval to 11 spot Bitcoin exchange-traded funds (ETF), in its Approval Order on 10 January 2024.

Insufficiently precise provisions of the law, unharmonized court practice, as well as the average duration of the employment disputes, were affected creating the “fear of litigation” amongst many employers. Due to the stated reasons, instead of unilateral employment termination, even in cases when there is firm evidence confirming its lawfulness and validity, the employers tend to execute the mutual agreement on employment termination, as well as to pay certain one-time compensation on the said basis.

Arbitration clauses, in their nature, impose on the parties an obligation to refer their disputes to arbitration as set forth in the arbitration agreement. Such agreements are vastly symmetrical – they provide both parties with the equal right to invoke arbitration proceedings.

On December 15, 2023, JPM & Partners announced that Slovenian Big Bang's acquisition of Serbian online retailer BC Group (reported by CEE Legal Matters on September 1, 2023) had closed.

Last week, we discussed the topic of incentives for the improvement of energy efficiency and energy improvement/rehabilitation, and possibilities for individuals and housing communities in that regard. This time we would like to glance at incentives for energy improvement/rehabilitation for housing communities– residential and residential–commercial buildings connected to district heating systems, which may be obtained through the project called „Energy improvement/rehabilitation of residential, multi-family buildings connected to district heating system– Public ESCO Project“ which is initiated by the Ministry of Mining and Energy in collaboration with the European Bank for Reconstruction and Development. 

In light of the latest amendments to the Law on Spatial Planning and Construction, which put the topic of energy efficiency and energy features of the building in the spotlight, it would be interesting to remind ourselves of the already existing legal in regard to energy efficiency improvement in Serbia, and above all, what laws and especially bylaws at the local level offer and provide to housing communities – buildings (in srb. – stambena zajednica) and individuals and in which manner they may obtain financial support in case that they intend to carry out certain measures/works that improve the energy efficiency of the building, i.e. apartment.

Both consumers and companies that are using the software in everyday activities, either for business or pleasure, usually do not own the software, but only have limited rights granted by a license agreement with specifically defined scope and terms of use. Why the misunderstanding? In general, software is a set of instructions or programs used to operate computers and execute specific tasks. It is an intangible object, opposite to hardware compartments. With the latter, the ownership perception is clear when you are buying it. On the other hand, software brings confusion to end-users - is it purchased or licensed? Because the difference is essential.

On October 26, 2023, the National Assembly of the Republic of Serbia passed new amendments to the Law on the Protection of the Right to a Fair Trial (hereafter referred to as the “Law"), which were published in the Official Gazette of the Republic of Serbia No. 92/2023.

We are facing a remarkable growth of blockchain technologies. One of the main functionalities of this technology is to ensure the confidentiality, integrity, and availability of (personal) data. This article addresses possible advantages and risks for the protection of privacy and personal data posed by blockchain technologies and manners how to mitigate risks to protect the rights and freedoms of data subjects and other natural persons.

Between upcoming elections and the situation in Kosovo, Serbia has plenty of reasons to expect a slowdown in the upcoming period, even if current activity levels remain, at times, surprisingly high according to JPM Partners Senior Partner Nenad Popovic.