On July 4, the United States celebrated Independence Day, which reminded us of the Declaration of Independence from 1776 that marked the establishment of the United States. This prompted us to reflect on the numerous distinctive legal achievements of the United States, inspiring us to explore the phenomenon of class action. Originating from across the Atlantic, this legal institution has found its place in continental European jurisdictions, sparking discussions within the professional community about its potential incorporation into Serbia’s legal framework.
A Lifeline for Data Transfers: EU-US Data Privacy Framework Is Back On
In the long-awaited aftermath of the havoc caused by the CJEU’s decision (adopted in 2020 in the famous Schrems II case) to invalidate the previously existing EU-US Privacy Shield Framework, the European Commission adopted the adequacy decision promoting the new EU-US Data Privacy Framework (the “Framework”) on 10 July 2023.
Commercial Offences – Proceeding, Sanctions and Statute of Limitations
Chapter 1 - A commercial offence – a brief review of an unjustifiably neglected step between a misdemeanour and a criminal offence.
Schoenherr and Karanovic & Partners Advise on OTP Group's Project Financing for Pannonia Bio
Moravcevic, Vojnovic, and Partners in cooperation with Schoenherr has advised OTP Group members OTP Bank Plc Hungary and OTP Bank Serbia on project financing for Pannonia Bio. Karanovic and Partners advised Pannonia Bio.
CK Telecoms Judgment: Revisiting Errors and Pursuing Clarity
As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefonica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling.
New Legal Framework for Personal Data Transfer Between the EU and the US – déjà vu?
On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US – the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption.
JPM & Partners Successful for Colas Rail in Arbitration
JPM & Partners has successfully represented the interests of Colas Rail in an arbitration proceeding against a subcontractor and its bank.
BAT Appoints Zora Ilic as Head of Legal and External Affairs for Adria Cluster.
British American Tobacco has appointed Zora Ilic as its Head of Legal and External Affairs for Adria Cluster.
Advancing Sustainability and Circular Economy: New European Regulation on Batteries and Waste Batteries
On July 10, 2023, the Council of the European Union (“Council”) officially adopted the Regulation of the European Parliament and of the Council concerning batteries and waste batteries (“Regulation”). This Regulation covers the entire battery life cycle, from production to reuse and recycling, aiming explicitly at safety, sustainability, and enhancing competitiveness.
EU’s Foreign Subsidies Regulation Starts to Apply
The Foreign Subsidies Regulation (FSR), one of the EU’s latest state aid instruments, entered into force on January 12, 2023. Now, after six months, it starts to apply. This regulation establishes rules to govern foreign subsidies that could distort the EU’s internal market. It empowers the European Commission (“Commission”) to investigate financial contributions provided by non-EU countries to companies operating in the EU. If these contributions are found to be distortive subsidies, the Commission can enforce corrective measures to remedy these effects.
The Court of Justice of the EU: Competition Authorities May Examine Infringement of Personal Data in the Context of Monopoly Position of the Controller
In one of our previous texts (available here) we wrote about the connection between the protection of competition and protection of personal data, namely whether competition authorities may consider infringements of personal data in their investigations.
Online Portal for Freelancers in Serbia is Launched
On 30 June 2023, the web portal for freelancers operated by the Tax Administration was launched.
The Legality of SKY ECC Evidence: A Controversy Over Privacy and Fair Trials
After the roundtable discussion organized by the Lawyer's Academy of the Serbian Bar Association on the topic of SKY ECC communication as evidence in criminal proceedings on June 29, 2023, we summarize the key conclusions on an extremely relevant issue - SKY ECC hacking.
Enhancing Cross-border Cooperation: A Proposed Regulation to Strengthen Data Protection Enforcement under the GDPR
On July 4, the EU Commission introduced a new Procedural Regulation aimed at enhancing cooperation among data protection authorities (“DPAs“) when enforcing the General Data Protection Regulation (“GDPR“) in cross-border cases.
Data Protection and Dominant Market Positions: Court Ruling Explores Gdpr Compliance
On July 4, 2023, the Court of Justice of the European Union (“CJEU“) pronounced a momentous judgment in Meta Platforms and Others.
New General Product Safety Regulation of the EU Enters into Force
The new General Product Safety Regulation of the EU, which has recently entered into force, was published in the Official Journal of the EU on May 23, 2023, and it shall start to apply on December 13, 2024 (“the Regulation”).
Written Statements of Witnesses in Civil and Arbitration Proceedings
According to positive regulations in the Republic of Serbia, each party shall present the facts and propose the evidence on which it bases its request or with which it disputes the allegations and evidence of the opponent. The evidence includes all the facts relevant to making a decision. Both in civil and arbitration procedures, the most common means of evidence are documents and testimonies.
Serbia's Long Fuse: A Buzz Interview with Slobodan Doklestic of Doklestic Repic & Gajin
Despite a recent M&A slowdown, updates to the capital markets and land rights laws, renewable energy auctions, and business migration heavily impact Serbia's legal and business landscape, according to Doklestic Repic & Gajin Partner Slobodan Doklestic.