The European automotive industry, a cornerstone of the continent’s economy, is currently navigating a transformative period. This era is marked by technological advancements, environmental imperatives, and intensifying global competition. To address these challenges and ensure the sector’s continued vitality, the European Commission has recently introduced a comprehensive Automotive Industrial Action Plan, focusing on innovation, clean mobility, supply chain resilience, and workforce development. Innovation and Technological Advancement Central to the action plan is the establishment of the European Connected and Autonomous Vehicle Alliance. This initiative aims to foster collaboration among industry stakeholders to develop shared software and semiconductor technologies. It also […]
Details
The European Commission has introduced a new legislative package aimed at simplifying sustainability and investment regulations. In the latest Competitiveness Compass we recently covered, the Commission outlined its strategy to enhance the EU’s economic prosperity and competitiveness. Known as Omnibus I and Omnibus II, these reforms are designed to cut administrative burdens, enhance business competitiveness, and maintain the EU’s commitment to sustainability goals. The key areas affected include the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD), the Carbon Border Adjustment Mechanism (CBAM), and the InvestEU Regulation. By streamlining compliance, the EU hopes to make regulatory […]
Details
In an era of rapid technological advancements, geopolitical uncertainties, and climate imperatives, the European Union has recently introduced the Competitiveness Compass. This is a strategic framework to enhance its economic resilience and global standing. European Commission President Ursula von der Leyen announced the initiative at the World Economic Forum in Davos. It aims to address inefficiencies, boost innovation, and drive sustainable growth while ensuring the EU remains attractive for business and investment. A Holistic Approach to Competitiveness The Competitiveness Compass focuses on four core pillars: innovation, decarbonization, security, and reducing bureaucratic hurdles. These elements reflect the EU’s belief that prosperity […]
Details
The European Union’s Carbon Border Adjustment Mechanism (CBAM) is undergoing a major simplification – and it’s big news for businesses in the Western Balkans and around the world. CBAM, a cornerstone of the EU’s Green Deal, is designed to put a carbon price on imports of carbon-intensive goods. This helps prevent “carbon leakage” – the shift of production (and emissions) to countries with looser climate rules – and protects EU industries from unfair competition. But while the environmental goal is clear, CBAM’s complex rules raised concerns for businesses both inside and outside the EU. Now, recent moves to simplify CBAM’s […]
Details
To bolster Europe’s clean energy transition, the European Commission has recently announced a EUR 4.6 billion investment. This funding aims to advance net-zero technologies, electric vehicle (EV) battery cell manufacturing, and renewable hydrogen production. Thie initiative marks a pivotal step in the EU’s commitment to achieving climate neutrality by 2050. Investment Breakdown Net-Zero Technologies: A EUR 2.4 billion call for proposals targets projects that focus on decarbonization, including the manufacturing of components for renewable energy, energy storage, heat pumps, and hydrogen production. This effort aims to enhance Europe’s leadership in innovative, clean energy technologies. Electric Vehicle Battery Manufacturing: For the […]
Details
In a crucial legal victory for the European Commission, the European Court of Justice (ECJ) has upheld the Commission’s decision that Apple must repay up to €13 billion in back taxes to Ireland. This ruling, issued in September 2024, reaffirms the Commission’s original 2016 judgment, marking a significant step in the European Union‘s effort to crack down on favorable tax arrangements for multinational corporations. The full ECJ statement can be accessed here. Background: The legal battle, one of the highest-profile state aid cases in Europe, stems from a 2014 investigation into Apple’s tax deals with Ireland. The European Commission concluded […]
Details
The Council of Europe has adopted the world’s first international convention on artificial intelligence (“AI”) titled “Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law” (“Convention”), marking a significant step towards regulating AI technologies. The Convention is legally binding. Consequently, it ensures AI systems respect human rights, democracy, and the rule of law throughout their lifecycle. It includes provisions for transparency, accountability, and independent oversight, addressing potential risks and promoting responsible AI innovation. The Convention aims to create a balanced framework that encourages technological advancement while safeguarding fundamental freedoms and democratic values. […]
Details
Introduction to Medicine Marketing Authorization The pharmaceutical industry ranks among the most profitable sectors globally. In 2023, its estimated global value reached USD 1.6 trillion. This industry also plays a crucial societal role, given the importance of medicines and public health. Consequently, it faces strict regulations. This article explores the conditions for marketing medicines in Serbia. It also highlights regulatory similarities between Serbia and the European Union in this area. Obtaining a Marketing Authorization in Serbia To address this question, we first need to define what a medicine is. A medicine is a marketable product characterized by specific strength, pharmaceutical […]
Details
The European Critical Raw Materials Act (CRMA) was formally signed by the co-legislators, the European Council, and the European Parliament today. The Act will enter into force 20 days after publication in the EU Official Journal. Introduction to the European Critical Raw Materials Act (CRMA) In an era marked by rapid technological advancement and escalating geopolitical tensions, securing access to essential resources has become a priority for nations worldwide. The European Union, recognizing the strategic necessity of ensuring a sustainable and secure supply of critical raw materials (CRMs), has adopted the European Critical Raw Materials Act. This legislative framework is […]
Details
The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) has faced escalating challenges since its final draft release on January 20. Despite weeks of uncertainty and concerns over the proposal’s fate, supporters were buoyed by the European Council’s unexpected decision to schedule a vote for February 28. However, optimism quickly waned as the vote failed to garner sufficient support. This cast doubt on the CSDDD’s revival before the March 15 deadline for approval by the European Parliament. The Directive The CSDDD, also called the CS3D, aims to establish a corporate due diligence standard on sustainability issues within the EU. The […]
Details
On February 8, 2024, the European Commission (“EC”) unveiled an updated Market Definition Notice (“the Notice”). The revision plays a crucial role in the EC’s approach to assessing mergers and antitrust cases by delineating the competitive boundaries and assessing the market power of companies. The Notice extends beyond EU Member States, mandating compliance from Western Balkan countries (“WBs“) aligned with the EU competition law acquis. Namely, all WBs, through the Stabilization and Association Agreements, have committed to enforce the criteria derived from the implementation of competition rules applicable in the EU, in particular from famous Articles 101, 102, 106 and […]
Details
The European Union (EU) has recently made another significant advancement in its commitment to reducing carbon emissions by reaching a provisional agreement on stringent regulations to reduce emissions from trucks, buses, and trailers. These heavy-duty vehicles (HDVs) are known to be substantial contributors to harmful emissions. With the implementation of these new rules, there will be a significant shift towards cleaner and more eco-friendly transportation. What’s changing? Starting in 2030, new HDVs will have to emit 45% less carbon dioxide (CO2) compared to 2019 levels. This target becomes even more ambitious in 2035, with a 65% reduction in CO2 emissions […]
Details
In a move to learn more about emerging digital markets, the European Commission today launched calls for contributions focused on virtual worlds and generative AI. These initiatives represent a step by the Commission to understand the competitive dynamics in these rapidly evolving sectors. The Commission has reached out to various stakeholders, requesting information to gain a comprehensive view of the current state of competition in these innovative fields. Players from all corners of the industry, including developers, consumers, and academic experts, will indeed share their experiences and insights. Virtual Worlds: A New Competitive Landscape Virtual worlds, characterized by their persistent, […]
Details
The European Union (EU) has introduced a growth plan to accelerate the accession of the Western Balkans. European Commission President Ursula von der Leyen unveiled a commitment of EUR 6 billion at the Western Balkans summit in Tirana. Out of this amount, two billion euros will be in grants and four billion euros in loans. However, specific details regarding the mechanisms of this growth plan are still pending clarification. The EU’s strategy is to bring the region closer economically before political integration. This would allow the Western Balkans to benefit from certain privileges. Benefits include the free movement of goods […]
Details
Bogdan Gecić, Founding Partner at Gecić Law, recently spoke to Euractiv Serbia and shared his insights on the critical changes in international trade likely to ensue as a result of the European Union’s groundbreaking Carbon Border Adjustment Mechanism (CBAM) regulation. The regulation entered its transitional phase on October 1, 2023. Moreover, Bogdan detailed the ramifications for businesses. The article is titled “CBAM: Why is It Important and What Do We Need to Know?” The article clearly explains the motivation and reasoning behind this unique regulation. With the CBAM, the EU pioneers the world’s first carbon border tax on imports into […]
Details
Bogdan Gecić, the Founding Partner of Gecić Law, recently spoke with journalist Paddy Bolton. He was thereafter quoted in a Brussels Signal article regarding the EU’s Foreign Subsidies regulation (FSR) and its application in football. Spain’s top football division has filed a complaint with the European Commission (EC) against France’s Paris Saint-Germain (PSG). They argue that PSG’s funding from Qatar violates the EU’s rules on foreign subsidies. Similarly, Belgian football club Royal Excelsior Virton has raised objections about Lommel SK, which receives Abu Dhabi funds. The Foreign Subsidies Regulation (FSR) and Football These interventions come after the EU’s FSR came into […]
Details
Gecić Law experts will participate in multiple sectoral training sessions on the EU’s new Carbon Border Adjustment Mechanism (CBAM) in October and November. The Ministry of Environmental Protection and the Chamber of Commerce of Serbia initiated the training program within the Swiss Program on Capacities for Trade Policies (C4TP) framework. CBAM training sessions will hence take place in several cities in Serbia during the next two months. These sessions are particularly tailored to the economic sectors affected by the CBAM regulation. First CBAM Training Session on Fertilizers On Monday, the program started its first full-day workshop at the Chamber of […]
Details
Bogdan Gecić, the Founding Partner of Gecić Law, recently spoke with journalist Paddy Bolton. He was thereafter quoted in a Brussels Signal article regarding the significant changes coming up with the European Union’s pioneering Carbon Border Adjustment Mechanism (CBAM) regulation. The European Union (EU) has begun a transitional phase for implementing CBAM, effective October 1. This initiative, part of the European Green Deal, aims to reduce carbon emissions by taxing carbon-intensive imports. The article discusses the possible implications of CBAM. Boston Consulting Group predicts this could increase the average car price in the EU by approximately EUR 600. This is […]
Details
The SEEenergy conference kicked off this morning with an exciting panel on Decarbonization in the economy. Our colleague Branko Gabrić sparked great interest as he spoke about the EU’s Carbon Border Adjustment Mechanism (CBAM). The discussion was timely as the new regulation took effect on October 1. The code will introduce significant changes, especially for a specific group of carbon-intensive industries. The energy sector is consequently among the most significantly affected. Panel Discussion on Decarbonization in Industry The distinguished panelists hailed from companies in diverse industries, including Henkel, ABB Group, Schneider Electric, Energy Net, and Viessmann. They shared their views on Decarbonization and specific […]
Details
From this Sunday, October 1, the European Union (EU) will start implementing the Carbon Border Adjustment Mechanism (CBAM) in its transitional phase. This regulation reflects the EU’s commitment to mitigating carbon leakage as part of the Fit for 55 Agenda. It aims to harmonize carbon costs between local and imported products. CBAM should also galvanize global industries towards adopting greener technologies. Initially, this mechanism will include cement, aluminum, steel, electricity, hydrogen, and fertilizer imports. From now on, importers must submit quarterly reports on greenhouse gas (GHG) emissions in production. Data collection starts in the last quarter of 2023, with the […]
Details
The European Union has formally unveiled today specific rules for importers on implementing the world’s first carbon border tax. These guidelines in the form of its Implementing Regulation were published today in the EU’s official journal, highlighting the processes to be followed by EU importers in light of the Carbon Border Adjustment Mechanism (CBAM) during its transitional phase. The Carbon Border Adjustment Mechanism is a groundbreaking initiative by the European Union. CBAM aims to level the playing field between EU producers who bear carbon pricing costs and foreign producers who don’t face these charges. It discourages businesses from seeking cheaper […]
Details
August 25, 2023, marks a monumental shift as the Digital Services Act (“DSA“) takes center stage, impacting industry giants like Amazon, Google, Apple, and TikTok. With 19 platforms and search engines, each having a minimum of 45 million users, the DSA takes action to uphold data privacy, combat disinformation, and eliminate online hate speech. This dynamic legislation aims to give users, including minors, enhanced rights and control over their online presence, fostering a high level of privacy and security. What’s the story? Back on April 25, 2023, the first designation decisions were made, designating very large online platforms (“VLOPs“) and […]
Details
Introduction The European Union has initiated the world’s first carbon border tax, known as the Carbon Border Adjustment Mechanism (CBAM), in a strategic move to tackle the mounting concerns of climate change. The CBAM is designed to level the competitive landscape, ensuring that EU companies, which are already bearing the cost of their carbon emissions, remain on equal footing with enterprises originating from nations with minimal or no carbon emission charges. While the Carbon Border Adjustment Mechanism (CBAM) stands as a significant development in the realm of climate policy, its ramifications extend beyond environmental considerations, reshaping the contours of international […]
Details
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. The Procedural Regulation focuses on establishing clear guidelines for DPAs handling cases involving individuals in multiple Member States without impacting any substantial elements of the GDPR, including the rights of data subjects, obligations of data controllers and processors, or the lawful grounds for processing personal data. A notable aspect of the Procedural Regulation is a provision that mandates the lead DPA to share a “summary of key issues” with […]
Details
Starting from July 1, 2023, the newly adopted Horizontal Block Exemption Regulations on Research and Development Agreements (“R&D“) and Specialisation agreements (together “HBERs“) shall take effect in the EU. The essence of HBERs, and the accompanying Horizontal Guidelines (“Guidelines“), is to facilitate the self-assessment of the most common types of horizontal cooperation agreements. They are also well-known as a safe harbor to undertakings, for as long as the latter comply with the rules set in the HBERs, leading to block exemption of such agreements from the competition rules. The novelties in said pieces of legislation offer a more flexible approach […]
Details
The Future Is Here! And it is here to stay. What we could only imagine some years ago is now part of our reality, and AI has become an ever-present topic. AI is everywhere, from banking and healthcare to transportation and entertainment. Learning more about the impact of these innovations makes us ask ourselves how this will alter our habits, make our everyday activities less cumbersome and affect our fundamental rights. So, let’s talk about AI’s pros(perity) and cons(istency) in protecting rights. Pioneering AI. The European Union (“EU” or “Union“) has set the first global comprehensive regulatory framework to apply to […]
Details
On March 22, 2023, the European Commission adopted a proposal for a new directive to prevent businesses from misleading their customers about the environmental characteristics of their products and services. The proposed Green Claims Directive (“GCD”) aims to provide consumers with valid, comparable, and verifiable information about the environmental impacts of the purchased products. The new rules will regulate various claims made by businesses regarding the environmental aspects or performance of their products or services that are not already targeted by other EU rules. GCD also regulates environmental labels, which provide information on the environmental characteristics of a product or […]
Details
In December, the European Commission (“Commission”) issued a Statement of Objections (“SO”) to Facebook’s parent company Meta Platforms Inc. The Commission said that based on its preliminary view, Facebook had violated EU antitrust rules by distorting competition for online display advertising on social media linked to Facebook Marketplace. Marketplace, which Meta launched back in 2016, is a virtual place for Facebook users to discover, buy and sell just about anything, from vehicles, clothes, books, smartphones, and even property, within their local social community. The Commission’s preliminary theory of harm presented in the SO concludes that Meta abused its dominating positions […]
Details
In her keynote speech at the 2023 World Economic Forum in Davos, Ursula von der Leyen, EU Commission President, outlined yesterday the main pillars of the EU’s Green Deal Industrial Plan to boost Europe’s leadership in green technology on its road to carbon neutrality. “We know we have a small window to invest in clean tech and innovation to gain leadership before the fossil fuel economy becomes obsolete,” said von der Leyen. As the plan’s regulatory pillar, she announced a new Net-zero Industry Act to support the “greatest industrial transformation of our times” and keep up with strongly incentivized programs […]
Details
As anticipated for some time in the previous months, while having been agreed upon between the EU institutions, the Foreign Subsidies Regulation (Regulation) finally saw the light of day on January 12, 2023. Its application will commence on July 12, 2023. The Regulation offers new tools for the European Commission (Commission) to investigate financial contributions from non-EU countries to companies operating in the EU to prevent distortions in the internal market. This specific State aid regime provides for an extended application of EU rules and the Commission’s competencies beyond the EU borders. One of the notable features is that the […]
Details
The European Union is fast-tracking the road to a greener future as EU institutions reach provisional agreements on the Carbon Border Adjustment Mechanism (“CBAM”) and the EU Emissions Trading System (“ETS”). After round-the-clock negotiations between EU officials, the “Fit for 55” legislative package with the ultimate goal of reaching carbon neutrality by 2050 is now being finalized. What are the implications for non-EU countries? EU’s Climate Action Recognizing the threats of climate change, the European Union adopted a range of climate laws, which includes the ETS and the CBAM, as part of the revolutionary “Fit for 55” legislative package. In contrast to the […]
Details
The European Commission (Commission) continues to work on implementing the Digital Markets Act (DMA). On December 9, 2022, the Commission published a draft regulation on implementing the DMA and annexes. Public consultations are currently underway until January 6, 2023. The Commission would like to consider the input of different publics and take on board their suggestions, comments, and proposals when finalizing this draft regulation. Feedback received will be published on the Commission’s website and must adhere to the rules for input and suggestions. To participate in the public consultation process, interested parties must register. The regulation aims to ensure fair, efficient, and complete […]
Details
A significant and long-awaited day for Bosnia and Herzegovina! As announced by the Council of the EU, the EU General Affairs Council recommended granting the candidate status to Bosnia and Herzegovina. The European Council will make the formal decision on Thursday, December 15, at the summit of the leaders EU’s 27 in Brussels. It’s been six years since the country submitted its formal application for full membership in the EU back in 2016. The process is now nearing its conclusion, and yet another Western Balkans country is about to reach its primary goal – attaining candidate status as an essential step […]
Details
On November 10, 2022, the European Parliament finally adopted the Corporate Sustainability Reporting Directive (“CSRD“). The CSRD intends to expand the application of corporate sustainability standards across the market by including an even larger specter of business entities compared to the application scope of the Non-financial Reporting Directive (“NFRD“). NFRD applied only to large companies with more than 500 employees. In contrast, the CSRD comes with larger ambitions and will apply not only to large companies but also to listed SMEs and third-country companies with significant operations on the EU market and a daughter company or a branch office in the […]
Details
Europe is now fit for the digital age as the long-awaited Digital Markets Act (DMA) was published in the Official Journal on October 12. Adopted by the European Parliament in September, the DMA will enter into force on November 1 and start to apply in May next year. The act provides a framework to prevent the most prominent digital companies, the so-called “gatekeepers,” from abusing their market power, ensuring greater competition in digital markets, and sparking more innovation in the industry. The DMA will primarily target the world’s most powerful corporations in the IT industry, commonly referred to as the “Big Five” […]
Details
Newsflash! The time has come for universal chargers to hit it on! Following the provisional political agreement reached in June 2022 between the EU institutions, on October 4, 2022, the European Parliament passed a new law on universal chargers to ease reducing e-waste and enable more sustainable choices for consumers. What does this actually refer to? Namely, all small and medium-sized mobile electronic devices will need to be equipped with a USB Type C port. Thus, consumers will no longer have to use different chargers to charge their devices from different manufacturers. The agreement will be applied to […]
Details
Despite rapid developments in technology and business, EU laws on e-commerce have not been updated for more than 20 years. To keep up with the digital revolution, the EU Parliament („EP“) adopted the Digital Markets Act (“DMA”) and the Digital Services Act (“DSA”). The DMA was adopted in July 2022 and it will start to apply at the beginning of 2023. As for the DSA, it is expected to be implemented in early 2024. Why was the DMA adopted? This act provides a framework that is tailored to the major influence of the largest digital companies, known as “gatekeepers” – […]
Details
The European Commission’s (Commission) antitrust enforcers are investigating Google Play Store. The antitrust enforcers are now looking into the restrictions Google has placed on the Play Store app market. According to the sources, the Commission has sent a confidential questionnaire to several companies that use the Play Store. Most of the questions are about the billing terms and fees they must pay to this tech giant to be listed in its application catalog. Any purchase made inside an application (in-app) that has been downloaded from the Play Store is subject to a 15% to 30% fee that Google charges. Publishers […]
Details
Today in Brussels, the EU parliament, EU governments and the European Commission will try to agree on uniform rules for corporate reporting on environmental, governance and social standards (ESG). This will be the last time that the lawmakers meet to confirm the new reporting rules. Pascal Durand, the lead negotiator for the European parliament, stated ahead of the meeting: “If we strike a deal tonight, the EU will set the tone of the global conversation on sustainable standards for the company of the 21st century.” This highlights the importance of the new uniform reporting rules for the companies, and as […]
Details
In January 2018, the European Commission (Commission) imposed on Qualcomm, a US chipsets company, a fine of close to €1 billion for abuse of dominance from February 2011 to September 2016. The Commission found the company liable for prompting Apple to conclude agreements with incentive payments and make it exclusively bound by Qualcomm’s LTE chipsets to be incorporated into their devices. This had, ultimately, led to anticompetitive effects on the relevant market. Qualcomm challenged the decision which was annulled in its entirety on June 15, 2022, by the General Court of the EU (Court) for two reasons – procedural irregularities […]
Details
What has been in the making for years now is set to become a reality very soon. The EU’s Carbon Border Adjustment Mechanism (“CBAM”) is expected to be adopted at the plenary session of the European Parliament, which will be held on June 7, 2022. The EU is finalizing its plans to introduce a charge at its border for carbon emissions associated with products sold in the EU. This is likely to mark a tectonic shift in international trade with far-reaching implications for businesses and economies around the world that rely on exporting their goods to the European Union. In […]
Details
On May 10, 2022, the European Commission adopted a new Vertical Block Exemption Regulation (“VBER“) and related guidelines (“Vertical Guidelines“), following a detailed review of the previous Vertical Block Exemption Regulation dating to 2010 (“old VBER“). The objective of the VBER is to exempt agreements between undertakings operating at different levels of the supply chain (“vertical agreements”): if certain market share thresholds are met, and provided the agreement does not contain certain prohibited restrictions (“hardcore restrictions”). In other words, the VBER aims to recognize which types of vertical agreements are generally efficiency-enhancing and provide benefits to consumers. One of the […]
Details
The Committee on the Environment, Public Health, and Food Safety (“ENVI”) decided on Wednesday to accelerate the shift to electric vehicles in Europe to reach increased climate ambitions. In July 2021, as part of the ‘’Fit for 55’’ package, the European Commission (‘’Commission’’) decided to propose an amendment to the Regulation 2019/631 to strengthen the CO2 emission performance standards for new passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition. Currently, carmakers need to ensure that their average fleet of new cars emits no more than 95 grams of C02 a kilometer. Lawmakers have […]
Details
Today is Earth Day, a global celebration held on April 22 every year to show support for environmental protection. It began on April 22, 1970, and has since grown to include a diverse range of events coordinated globally, involving over a billion people in over 193 nations. On Earth Day 2016, the United States, the United Kingdom, China, and 120 other countries signed the historic Paris Agreement. To mark this important day, Gecić Law is bringing you a special Insights Report dedicated to the European Union’s legislative journey toward a carbon-neutral continent. In July 2021, the European Commission (“EC“) adopted […]
Details
What are shell companies? These are legitimate legal entities that do not own assets or conduct business operations. Although they are not illegal, they may be used illicitly. Shares of shell companies are not traded on stock exchanges. Most exist on paper only and are little more than a mailing address. That is why the European Commission (“EC”) has issued a draft directive on shell companies. Legal vs Illegal Use of Shell Companies Examples of the legal use of a shell corporation could be to serve as vehicles in cross-border transactions, such as mergers and acquisitions. However, shell companies are […]
Details
The European Ombudsman Emily O’Reilly stated on Friday that text messages between EU Commission President Ursula von der Leyen and the CEO of pharmaceutical giant Pfizer are documents the public should have access to. O’Reilly’s opinion indicates that the Commission mishandled a request for public access to these messages, which concern the EU’s purchase of COVID 19 vaccines from the manufacturer. The European Commission had earlier denied a request made on 4 May 2021 via Access Info’s AsktheEU.org platform by Alexander Fanta, a journalist with netzpolitik.org. Access Info’s platform enables citizens of the EU direct access to public information. The […]
Details
The Global Gateway initiative was unveiled on December 1, 2021, as a strategy of the European Union (“EU”) to support sustainable infrastructure development around the world. The EU is planning to invest EUR 300 billion over five years. The European Commission pitched the Global Gateway as a template for how Europe aims to build more resilient connections across the globe. The Global Gateway is about increasing investment, promoting values and high standards, good governance and transparency, partnerships based on equality, green, clean, secure infrastructure, but also catalyzing and supporting private sector investment in new markets as part of the Global […]
Details
Cluster 4 on the Green Agenda and Sustainable Connectivity was formally opened at an Intergovernmental conference on Tuesday, in Brussels, covering four negotiating chapters. Earlier this year, and in order to make the accession process more efficient, the Commission proposed and the EU Council agreed to implement the revised Enlargement Methodology, according to which negotiating chapters are organized in thematic clusters. Clusters were envisaged as a means to ensure stronger progress monitoring and accelerated integration. The Green Agenda and Sustainable Connectivity cluster encompass Chapter 14 on Transport Policy, Chapter 15 on Energy, Chapter 21 on Trans-European Networks and Chapter 27 […]
Details
On December 9, 2021, the European Commission (’’Commission’’) approved Croatian State aid in the amount of EUR 783 million to support the production of electricity from renewable energy sources as part of the European Union’s endeavors to meet the climate and energy objectives set by the Communication ‘A policy framework for climate and energy in the period from 2020 to 2030’. The Croatian scheme will be open until 2023 and will be paid out to the selected beneficiaries for a period of 12 years. The Commission assessed this scheme under the 2014 Guidelines on State aid for environmental protection and […]
Details
Bogdan Gecić, the founding partner at Gecić Law, spoke today at the winter edition of the prestigious Vivaldi Forum which traditionally takes place in Drvengrad, on the picturesque Mokra Gora mountain. His thought-provoking presentation titled “Sufficient Light: The Market and Competition”, delivered as part of the “Vivaldi Talks: Fertile Grounds for Growth” segment of the conference showed a fresh and unconventional perspective on the importance of fair competition for growth and development on the market, capturing the interest and sparking discussion among the delegates attending the event and numerous other participants who followed the session online. “Competition is a natural […]
Details
“The Earth is what we all have in common.” —Wendell Berry Environmental Social and Governance (“ESG”) are the three main elements that companies increasingly consider when deciding whether to cooperate with or invest in a company. It is also a term used in capital markets when assessing corporate behavior and a method of linking the performance in these three areas with the – future financial performance of corporations. The term is sometimes referred to as sustainable investing, responsible investing, impact investing, or socially responsible investing. Nevertheless, once enough data has been obtained, they are integrated into the investment process […]
Details
The battle for supremacy i.e. primacy between Member State and European Union (“EU”) law is in full swing, with the prospect of even more trouble. In late October, the EU’s highest court (“CJEU”) issued a landmark daily fine to Poland in the amount of EUR 1 million for failing to comply with CJEU’s order. This tremendous fine is the biggest to date and may very well be a warning to any other Member State that might try to question the primacy of EU law. Getting to the Biggest Supremacy Fine Polish judicial system reforms are what triggered the dispute between […]
Details
Gecić Law is pleased to announce that we have opened the application process for the Taboroši Scholarship for the fifth consecutive year. About the Scholarship The Taboroši Scholarship was established in memory of Professor Svetislav Taboroši, by family members and former students who have been inspired by the professor’s work and dedication to academic research and innovative problem-solving in the practice of business law. A brilliant teacher and scholar, Professor Taboroši strived to educate his students on the most recent trends in legal academic thinking and the importance of critical thinking in academic and professional analysis of international law & […]
Details
Multinational entities and governments are pushing for more action regarding Environmental, Social and Governance (ESG) issues. As a result, enterprises increasingly integrate the ever-changing social and environmental factors into their business strategies. The concept of business success has changed and so must the actions they take. But what exactly is ESG? ESG is a set of standards to guide corporate policies to ensure sustainable development in the fields of environment, social and corporate governance. How Did We Get to ESG? Only twenty years ago, if one would ask a group of individuals with a business background about the main objective […]
Details
The European Commission has proposed the prolongation of the State aid Temporary Framework until 30 June 2022, in order to expedite the ongoing Covid-19 economic recovery in Europe. The Temporary Framework was initially adopted on 19 March 2020 and to this date, it was amended and prolonged five times (more information available here and here). Margaret Vestager, the Executive Vice-President, who is in charge of the competition policy said that we are finally seeing improvements in the EU economy after the big crisis that hit the EU due to Covid-19. She also added: ’’[W]e need to be aware of disparities […]
Details
Facebook teamed up with Ray-Ban to create Ray-Ban Stories, new smart glasses. The product, which will initially be only available in stores in Australia, Canada, Ireland, Italy, the UK and the US, is already facing severe scrutiny over privacy concerns. So, how are different privacy watchdogs taking the development of these spectacles? Did Facebook take any steps to respond to privacy concerns? And finally, could the smart glasses come under the radar of privacy watchdogs in the Western Balkans? What are Facebook’s Ray-Ban smart glasses? Smart glasses are not a new technological development. The concept has been around for […]
Details
The European Union (“EU”) will launch a project called Global Gateway, European Commission (“EC”) President Ursula von der Leyen said during her latest State of the Union address. The project will aim to bring the EU closer to its partners worldwide. Besides revealing plans for the Global Gateway, the commissioner also announced her Western Balkans trip. The fact that the two topics were brought to light in the annual EU policy speech may mean that the Global Gateway could bring more investments from the EU to the region. Commenting on the project, Von der Leyen added that the bloc wants […]
Details
The Irish Data Protection Commission (“DPC”) fined Facebook’s WhatsApp with EUR 225 million in its latest EU data protection ruling. The fine is the second largest of its kind in the EU. So far, only Amazon paid more in a privacy case in the EU. The DPC said in its ruling on September 2 that WhatsApp’s policies were not in line with the EU’s General Data Protection Regulation (“GDPR”), noting it registered breaches of Article 5(1)(a) as well as Articles 12 through 14. The breaches particularly include the provision of information and the transparency of that information to both users […]
Details
Why Schrems? The EU’s trust in the processing of personal data seems to be shaken. With the famous case Maximillian Schrems v Facebook Ireland Limited pending before the Austrian Supreme Court (“Court“) for a while now, Maximillian Schrems requested the Court to refer four questions to the Court of Justice of the European Union (“CJEU“) concerning the lawful use of personal data of all Facebook users from the EU. So, who is Maximilian Schrems? Maximillian Schrems is a law student from Austria and a personal data protection activist who has been extremely vocal about data protection before EU authorities. […]
Details
Here we go again, fighting climate change. This time, we are focusing on State aid and climate change, and discussing an important question – how green is State aid? Back in 2019, Europe ushered the European Green Deal. The European Commission published a Communication on the European Green Deal in its tenacious efforts to tackle climate change and other environmental challenges. This Communication is the EU’s attempt to work on the transition to a future where there will be no “bad emissions”, to put it plainly. If we were to get more technical, to create a Europe with net-zero emissions […]
Details
A phenomenon known as the Internet of Things (“IoT”), which has been at the forefront of the global tech changes, recently caught the European Commission’s (“Commission”) attention. The Commission’s Preliminary Report and Q&A on this tech & business sector is a big step towards acknowledging IoT as a market of the future, while simultaneously pointing out some potential dangers of this groundbreaking technology. Internet of Things – a Brief Explanation Let’s imagine this situation: you are not only an ardent coffee drinker but also a sleepyhead. Your alarm wakes you up at 7.00 am. You have little precious time to […]
Details
The European Commission (“EC”) adopted the Fit for 55 climate action plan on Wednesday, announcing a legislative package that aims to cut carbon emissions in the European Union (“EU”) by 55% by 2030, compared to levels measured in 1990. It also calls for action to make the continent carbon neutral by 2050. The Fit for 55 package includes provisions on expanding the EU Emissions Trading System to charge for carbon emissions in more sectors. Additionally, it proposes Effort Sharing Regulation and prescribes new emissions-cutting targets per Member State. It also calls for an increase in renewable energy sources use, creates […]
Details
In the Republic of Serbia, agricultural policy is based on the Act on Agriculture and Rural Development and the Act on Incentives in Agriculture and Rural Development. However, none of these two acts enable the regulation of the agricultural products market and the introduction of new market regulation mechanisms, which are necessary to help Serbian agriculture maintain steady development. Market mechanisms in the Republic of Serbia are not in accordance with the common EU market organization. Serbia lacks a similar unique legal framework to implement most measures of market regulation. In order to harmonize further with mechanisms in the EU, […]
Details
At the event hosted by the API/IPA international press association, Slovenia revealed the priorities of its upcoming presidency of the Council of the EU and the Fit for 55 legislative package stole the spotlight all for itself. Before leaning into the story of Fit for 55, let us make a quick turn to the conference held just a few days ago. Slovenia is taking over the Council of the EU presidency for the next six months. The country’s Permanent Representative to the EU Mr. Iztok Jarc and his deputy Ms. Tamara Weingerl-Požar laid out the priorities of the presidency. Of […]
Details
Some reports say that it would be impossible to live in the digital world outside of the ecosystem created by Big Tech giants. The concentration of power in a small number of platforms has allowed some tech companies, popularly known as the Four Horsemen” to exercise unparalleled economic power and social impact almost without any oversight by regulators. These companies have complete market dominance, each in their respective field of expertise: Apple in consumer electronics and mobile operating systems; Facebook in the social media, Google in online searches, video-sharing and mapping-based navigation; and, finally, Amazon in the e-commerce market. Hence, […]
Details
The EU’s second-highest court sided with Amazon.com (“Amazon”) recently, saying it did not owe millions to Luxembourg in unpaid taxes. On May 12, 2021, the General Court (“Court”) overturned the European Commission’s (“Commission”) order to Amazon to pay EUR 250 million to Luxembourg, as reimbursement of illegal State aid. The Court held that the European Commission’s primary finding of an alleged advantage was based on an incorrect analysis. Precisely, the Court argued that none of the findings set out by the Commission in the contested decision were sufficient to demonstrate the existence of an advantage for the purposes of Article […]
Details
Business cartels between competing market participants are designed to limit or eliminate competition between them, with the objective of increasing prices and profit of the cartel members. In practice, this is generally achieved by fixing prices, market sharing, limiting output, allocating customers or territories, bid-rigging, or a combination of the above. Cartels are harmful to consumers and society as a whole since the participating businesses charge higher prices (and earn higher profits) than would be the case in a competitive market. Because of their negative impact on the market, competition legislation fights against cartels, imposing substantial fines on participants, which […]
Details
After a short break from our previous reflections on the EU’s new set of regulations concerning digital markets (more details available here), we are back with an even more vivid and thorough breakdown of the proposed regulation. To pick up where we left off, we will be taking a closer look at the Digital Services Act (“DSA“ or „Act“). As we have already familiarized ourselves with the EU’s goals and ambitions regarding new digital market regulation, we can now fully indulge ourselves by taking a closer look at the Act. We hope that you managed to catch your breath because […]
Details
In the last few months, the Serbian National Competition Authority (“NCA”) has turned its attention to sanctioning agreements between undertakings where resale prices are maintained. After taking cases against consumer electronics undertakings, the NCA recently opened an investigation against a general importer and its three car dealers of “Audi” vehicles, in the course of its sectoral analysis of the markets of sales and after-sales services of motor vehicles. Resale Price Maintenance – What is the Problem? Resale price maintenance (“RPM”) is a contractual provision where the supplier (usually the manufacturer or general importer) binds the buyer (usually the distributor or […]
Details
The Treaty of Nice, a landmark agreement in the history of the European integration process, celebrated its 20th anniversary last Friday. The legislation was signed on February 26, 2001 and came into force on February 1, 2003. The key aim of the Treaty was to introduce institutional changes and decision-making reform, amending the Maastricht Treaty and the Treaty of Rome, which would allow for the ensuing EU enlargement. The Treaty introduced qualified majority voting in the European Council, removed national vetoes in many areas and gave the European Parliament the power to elect the Commission President. It formalized the principles […]
Details
Beyond a shadow of a doubt, the Internet has been a key factor in driving globalization and economic growth in recent years. Along the same lines, leading internet intermediaries have played an essential role in expediting this growth and providing companies of all sizes with the means to capitalize on all the benefits the digital era has to offer. Thus, it is hardly surprising that many Internet intermediaries, such as Amazon, Facebook, and Google, are among the world’s most successful companies. However, there are genuine concerns that their economic prosperity and progress are indirectly being encouraged by legislation that shields […]
Details
Unbelievable numbers: 840,000 employees, USD 280 billion in revenue for 2019, USD 11.5 billion profit (for the same year) and first centi-billionaire owner ever. Today, one of the biggest undertakings in global trade. But, on the other side, one of “The Biggest Deals” for the EU, ever. We bring you a story of to-ings and fro-ings between Amazon and the EU Commission. Short Recap Rewind to July 17, 2019. On that day, the Commission opened an investigation into possible anti-competitive conduct by Amazon. More precisely, an investigation was opened to assess whether Amazon’s use of sensitive data from independent retailers […]
Details
For some reason May is THE month for competition. Mays of yesteryear have witnessed many intriguing courtroom battles: May 2016, May 2019 and finally in May 2020. True to form, merger control is making the headlines again. The General Court (GC) annulled the European Commission’s (Commission) decision in Hutchison 3G UK (Hutchison) and Telefónica UK (Telefónica) merger on May 28, 2020. If you have not seen it yet, the underlying reason behind the annulment is quite thought-provoking: in a nutshell, the GC held that the Commission made errors in law and manifested errors of assessment, and to boot, infringed essential […]
Details
General Court brings the curtain down on epic court battle between Apple Ireland and the EU/European Commission in a state aid case labelled the ‘Apple Tax case’. On July 15, 2020, the EU’s General Court overturned the Commission’s decision because the Commission failed to prove Apple had broken competition rules. Following an in-depth state aid investigation launched in June 2014, the Commission requested information on any rulings granted by Ireland in favour of the Apple Group companies: Apple Operations International (AOI), Apple Sales International (ASI) and Apple Operations Europe (AOE). The Commission concluded that two tax rulings issued by Ireland to […]
Details
One learns early on – if you want to sit at the cool kids’ table, you must do the work and engage in tedious diplomatic battles and quid pro quo bargains. Yet, does the accession to the EU automatically erase ghosts of times past? If one looks at the love-hate triangle between the EU, Romania and the Micula brothers, the answer is not necessarily positive. The Micula phenomenon No international lawyer is likely to ever ask: “Micula – who?” On the contrary, the Micula case(s) have by now generated such notoriety that they represent household terms in law offices around […]
Details
The Economic and Financial Affairs Council (“the Council”) on 18 February 2020 adopted revised conclusions on the EU list of non-cooperative jurisdictions for tax purposes (“the EU list”). The EU list (Annex I) includes non-EU countries or territories which had not made sufficient commitments in response to the EU‘s concerns about taxation arrangements. The State of play section (Annex II) lists the jurisdictions which had responded with sufficient commitments. Therefore, the jurisdictions that do not yet comply with all international tax standards but have committed to reforms are included in Annex II. These countries need to take effective actions to […]
Details
“I want to get away, I want to fly away”, Lenny Kravitz sang. Ok Lenny, but which airline will you choose? The cheapest one? Way to go! But let’s check something first. Have you noticed the disparity in ticket prices between EU and non-EU airlines, which in turn has a knock-on effect on who you chose to fly with, Lenny? Oh, so, you haven’t noticed? Who cares, right? You usually take to the skies in your private jet so matters as trivial as these don’t concern you. Well, guess what Lenny – THE EU CARES! Aviation is widely regulated throughout […]
Details
Gecić Law is delighted to announce yet another commendation by The Legal 500 EMEA, one of the most eminent and prestigious directories of the legal world. Our Banking & Finance practice continues its bullish run to the national top. Its head Nikola Aksić was named to the guide’s “Leading Individuals” elite list of outstanding lawyers in the country, only one year after being recommended by the guide. The practice also went up in the overall rankings, securing a Tier 2 recognition. And we haven’t stopped there. Our Corporate/M&A practice is not lagging behind. The practice head Ognjen Colić […]
Details
A rainy tale of two e-mails The former Foreign Secretary and Mayor of London, Alexander Boris de Pfeffel Johnson, also known as “Boris Johnson”, was sitting on his chair in front of his laptop on a rainy February day in 2016. He had two word files in front of him. With a scent of political mysticism, and a flash of destiny overwhelming his Etonian eyes, he had to choose which file to send to the Sunday Times, to file that will turn into an article that will grant him the key to his favorite immovable property – 10 Downing Street […]
Details
On 30 May 2018, the European Commission (“Commission”) announced that the European Parliament and the Council have reached an agreement concerning a proposed new Directive, in order to further build on the Regulation 1/2003 and enable the competition authorities (“NCAs”) of EU Member States to enforce EU antitrust rules more effectively. The new Directive, proposed as the “Directive of the European Parliament and of the Council to Empower the Competition Authorities of the Member States to be more Effective Enforcers and to ensure the Proper Functioning of the Internal Market” (“Proposed Directive”), came out as a consensus following numerous consultations […]
Details
The European Commission has recently concluded that Luxembourg has been granting an undue tax benefit to Amazon in the total amount of EUR250 million. Since Serbian tax authorities have the power to issue binding advance tax opinions—and given that multinationals commonly exploit this option without any consideration of state aid rules—the Commission’s Decision in the Amazon case should raise some eyebrows. The European Commission (Commission) continues its battle against alleged tax avoidance and has recently concluded that Luxembourg has been granting an undue tax benefit to Amazon in the total amount of EUR 250 million. This tax benefit was awarded […]
Details
The Energy Community, the quintessential energy organization aiming to extend EU’s internal energy market and EU acquis to southeastern Europe and the Black Sea region, and create an integrated & sustainable pan-European energy market, recently published its 2016/2017 Annual Implementation Report (Report) (available for download), where it officially acknowledged our ongoing constitutional challenge against the Serbian Competition Act, secondary legislation and general regulations. The report does a noteworthy job in properly identifying some of the key arguments set out in the constitutional challenge, particularly the criminal nature of competition proceedings, lack of procedural safeguards required by the ECHR, and that the […]
Details
(Update: 02.25.2022.) CJEU Reaches Final Decision in Landmark Anti-Dumping Case The Court of Justice of the European Union (CJEU) reached a final decision in a landmark anti-dumping case, with far-reaching implications for HBIS Serbia and the Serbian economy. The CJEU sided with the General Court’s ruling which confirmed the European Commission’s (EC) decision not to impose anti-dumping measures on steel producers from Serbia in 2017, simultaneously imposing these measures on products originating from Brazil, Iran, Russia and Ukraine, following months of investigation into alleged anti-competitive practices (link). Gecić Law was legal counsel to the Government of Serbia and the Smederevo […]
Details
Photo courtesy of Aleksandar Milutinović, photographer On October 4, 2017, the Bar Association of Vojvodina (BAV) held a panel in Novi Sad (city known as Serbian Athens) on the topic, “The proceedings of the Commission for Protection of Competition (Commission) against the Bar Association of Serbia (BAS), possible implications for the BAV and constitutional challenges against the Protection of Competition Act”. The speakers on this complex and news-worthy topic were Isidora Nikolić Savin, attorney and specialist for civil and EU business law, and Bogdan Gecić, partner at Gecić Law. Great attendance and interest by attorneys and associates specialized in various fields […]
Details
On September 20, 2017 the Court of Justice of the European Union (the “CJEU“) issued so far the most significant judgment concerning the loans denominated in Swiss francs (the “CHF”). Namely, by judgment in case C-186/16 (Ruxanda Paula Andriciuc and Others v. Banca Românească SA), the CJEU ruled that a financial institution which grants a loan denominated in a foreign currency is liable to provide the borrower with sufficient information, in order to enable him to make a thorough assessment of economic risks and consequences of entering into such contract, and to make a prudent decision on this issue. The […]
Details
Both Serbia and Montenegro have come under pressure from the European Commission to amend their respective Corporate Profit Tax Acts to bring tax incentives in line with EU law. This update provides a closer look and analysis, which suggests that amendments are an option worth considering for both Serbia and Montenegro. However, any such legislative change would need to be implemented in a manner that takes into account the interests of all stakeholders, including the interests of investors benefiting from the existing incentive schemes. The European Commission in Chapter 8 of its Screening Report for Serbia, emphasized that specific aid […]
Details
This update considers how exchange of information, as an essential part of any M&A transaction (from pre-acquisition discussions, through the due diligence procedure, and up to the closing of the transaction), may cause significant competition concerns under the Serbian Competition Act in terms of potential collusion between competitors. The prohibition on entering into restrictive agreements under the current Serbian Competition Act (CA) applies, as a general rule, to sharing of commercially sensitive information between undertakings. Relevant provisions of the CA prohibit contracts, certain contract provisions, express or tacit agreements, concerted practices, as well as decisions of undertakings associations which have […]
Details
During the last ten days of May 2017, Serbian competition authority has hastily opened an unprecedented number of investigations. Simultaneously, the authority announced a push for a complete revamp of the competition act. Reviewing these developments through the lens of the New Administrative Act, which came into force on 1 June 2017, a strong argument can be made that behind these actions is a desire to circumvent the robust human rights safeguards introduced by the New Administrative Act and guaranteed under the ECHR and the Serbian Constitution. During the last ten days of May, the Commission for Protection of Competition of […]
Details
On April 27, 2017, Advocate General of the Court of Justice of the European Union (“CJEU”), Ms. Juliane Kokott, issued an opinion stating that not every creation of joint ventures ought to be under control of the European authorities: only formation of those joint ventures which are to be entirely autonomous, full-function entities should be subject to the official scrutiny. As per words of the opinion’s respected author, said issue, although technical in essence, holds a “practical significance” for national and European watchdogs on the one hand, and market undertakings, on the other, given that it tackles the matter of interpretation […]
Details
On March 29, 2017, the European Commission (“Commission”) officially blocked the third attempt to implement the merger between the London Stock Exchange Group (“LSE”) and Deutsche Börse AG. Said decision created an insurmountable obstacle to further cooperation of the two groups which was aimed at creating a European powerhouse able to compete with strong American and fast-emerging Asian financial markets. The long planned merger was to give rise to the world’s largest exchange by total income, the biggest for equities listings, and to an entity that would control more derivatives trades than any other entity in the world.1 It would […]
Details
Gecić | Law advised Železara Smederevo and the Government of Serbia on EU, regulatory and corporate matters in connection with the €46 million ($52 million) sale of assets of Železara Smederevo’s through a public tender procedure to the Chinese company Hebei Iron and Steel Company Limited (HBIS). Under the transaction, HBIS pledged to invest at least $300 million in a new company and to utilize the acquired assets to develop its global layout and to provide better service for its customers in Europe. Leading Serbian Steel Manufacturer Železara Smederevo is Serbia’s leading producer of steel and is the second-largest Serbian […]
Details
After the European Commission (the “Commission”) by its decision from 5 October 20141 imposed a fine of more than 38 millions of euros on Slovak Telekom for the abuse of its dominant position on Slovak market for broadband services, Slovak Telekom has come to face damage claims from mobile operators Orange Slovensko and SWAN. The said operators claimed damages they allegedly suffered before Bratislava court, in the amount exceeding 280 million euros on the grounds of the said Commission’s decision that found Slovak Telekom has abused its dominant position. By the same 2014 decision of the Commission, Deutsche Telekom was […]
Details
On December 7, 2015 the European Commission (EC) adopted a new Aviation Strategy for Europe that “will enable European aviation to flourish globally.” The EC framed an all-inclusive policy encompassing the entire EU aviation ecosystem. The new Aviation Strategy contains a list of priorities geared towards making the EU a leading stakeholder in international aviation by tackling restrictions on growth both in the air and on the ground, promoting EU safety and environmental standards globally, and by advancing carbon neutral growth through innovation, digital technologies, and investments. The claimed added value of the Aviation Strategy is that it provides […]
Details