EU Law

Cartel Ties Prompting Disqualification

“Three Strikes, You’re Out!”, or, as in the practice of the UK’s watchdog, “third time is a charm”, but the fourth is not.  Let us check out the rules of fair play when it comes to protecting competition in the UK market. In the early 2020 Associated Lead Mills Ltd (ALM) and H.J. Enthoven Ltd (trading as BLM British Lead), two of the UK’s largest suppliers of rolled lead,  admitted to forming a cartel and thus breaking the law four times by colluding on prices, sharing the rolled lead market by arranging not to target certain customers, and purposely not […]

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20 Apr 2021

Serbian Climate Change Act – what to expect?

During the session held on March 18, Serbian MPs adopted the Climate Change Act (the “Act”).  The Minister of Environmental Protection, Ms. Irena Vujović noted that “the issues concerning environmental protection and climate change are of high priority and have finally received deserved attention from the Government of Serbia.” The main goal of the Act is to reduce greenhouse gas (“GHG”) emissions, as the accelerated development of technology and international trade make pollution, and especially emissions of GHG, a global problem. Long History of Global Climate Change Mitigation Acts The United Nations (the “UN”) noted the impending problems caused by […]

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15 Apr 2021

New Electronic Invoicing Act – which novelties can we expect?

One of the significant novelties in Serbian legislation refers to the regulation of electronic invoicing through the  Electronic Invoicing Bill (the “Bill“).  The adoption of the Bill is on the agenda of the National Assembly on April 21, and it remains to be seen whether the Bill will be modified and and if so, which provisions will be changed. Reasons for the adoption of the Bill One of the key reasons for the adoption of the Bill is further harmonization of Serbian legislation  with European Union law.  Additionally, in the words of the Minister of Finance, the Bill ”improves the […]

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13 Apr 2021

Compulsory Childhood Vaccination Does Not Violate the European Convention on Human Rights, ECHR says

Governmental legislation on compulsory vaccination does not violate the European Convention on Human Rights (“Convention”),  the European Court of Human Rights (“ECHR” or “Court”) ruled on April 8.  Particularly, the ECHR noted that compulsory vaccination of children in the Czech Republic did not violate the right to respect for private life. The Case Vavřička and Others v. the Czech Republic The complaint was raised with reference to a fine imposed on Mr Vavřička and the non-admission of the child applicants to nursery school. The applicants said the legislation violated their rights under the Convention. Applicants claimed that the Czech state […]

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02 Apr 2021

EU Digital Saga Continues – Digital Services Act: A Service to Consumers, but a Disservice to Businesses?

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 […]

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26 Mar 2021

The Internet – another outlet for publishing creative work and another headache for IP law

For many years now, watching movies and series has shifted to various internet platforms, while authors are wondering where their copyrights are in all of this. Answers to that question should be provided by the Copyright and Related Rights Act (‟Copyright Act”), which came into operation more than 11 years ago, during a surge in the use of various data exchange platforms.  Data is exchanged much faster, and computer technology is far more complex than it was before, and the Copyright Act is lagging behind in its response to emerging challenges regarding new ways of using technology and protecting authors. […]

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24 Mar 2021

Vertical Restraints in the Sights of the Commission for Protection of Competition

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 […]

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19 Mar 2021

Silent, but not Uncooperative – an Important Decision by the ECJ

As the famous Arabic proverb says, ‘Silence is golden’.  And it seems that this nugget of ancient wisdom still holds true today – even in law; even when it comes to a high-profile case before the European Court of Justice.  To find out why would silence be so important as to cause a stir among lawyers throughout Europe, we must track back to the beginning.  What happened? On February 2, 2021, the European Court of Justice (ECJ) released a landmark ruling on due process rights in preliminary reference from the Italian Constitutional Court in DB v Commissione Nazionale per le […]

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10 Mar 2021

Gecić Law’s Milestone Win in Landmark State-Aid Case Attracts Media Attention

Gecić Law is currently representing Bosnia and Herzegovina in a procedure with the Energy Community, a landmark case across the Balkans related to alleged state aid in the construction of Block 7 of the Tuzla Thermal Power Plant, a project worth USD 1.1 billion, with co-counsel Marić & Co. Law Firm based in Sarajevo. Launched in 2018 by the Secretariat of the Energy Community against Bosnia and Herzegovina, the process has been marked by violation of due process, complete disregard for the rights of the defense as well as continuous bids of the prosecution to speed up the process and […]

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09 Mar 2021

Bogdan Gecić, the founder of Gecić Law Firm: There is a lot of room for innovation

Diplomacy & Commerce magazine, a syndication of London’s The Economist magazine for Serbia, prepared a special InFocus supplement as part of its February 2021 issue, with the aim of providing the readers a closer insight into the development of bilateral relations and successful cooperation between Serbia and the United Arab Emirates. Bogdan Gecic, Managing Partner at Gecic Law, a founding and exclusive member of the UAE Serbia Business club since 2019, gave an interview, which can be read in its entirety below. As an industry, the legal profession has been changing significantly. We have always believed there is a lot […]

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05 Mar 2021

Our Energy practice is growing every day

Our Energy practice team has repeatedly demonstrated its credibility by devising unique opportunities for greenfield and brownfield investments for our clients. We provide comprehensive solutions related to privatization, regulatory compliance and due diligence in cooperation with eminent regulatory, corporate and financial experts. Counsel to Norwegian NBT AS on Wind Farms Project in Serbia Our latest accomplishment in the energy sector is providing counsel to NBT AS, Norway, a utility-scale wind power developer (exceeding 100 KW of power), in partnering with WV International (formerly Windvision).  WV International has been developing wind farm projects in Serbia since 2010 and has been active […]

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20 Sep 2018

“Can (’t) poach this” – a new turning point between competition & employment law?

If you open the eighth edition of the Oxford Dictionary of Law and turn to page 461, poaching is defined as “taking game without permission from private land or from land on which the killing of game is restricted. Wild animals cannot usually be stolen […]”.  Although the current degree of development of human rights and basic human decency forbid referring to employees as “wild animals” (at least publicly), and killing is certainly considered a criminal offence, in the corporate world of today to poach someone means to hire an employee from another, often competing, undertaking. Agreements among companies not […]

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20 Aug 2018

It’s a Deal: a new Directive for Stronger Competition Authorities in the EU

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 […]

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22 Jun 2018

GDPR in Serbia (and Other Non-EU Countries) – A Foreign Investors’ Perspective

General Data Protection Regulation (GDPR) is currently a global hot topic – and for a good reason. It practically revamps the legal framework concerning Data Protection rules, introduces a whole set of new obligations while imposing massive fines for non-compliance.  While the GDPR came into the force recently, it is no surprise that many are worried how it will affect their organizations as the legislation, under certain conditions, is to be applied worldwide —both inside and outside of the EU. Given that compliance with the GDPR will be no mean feat, requiring vast amount of time and resources, no matter how […]

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05 Feb 2018

Possible Savings in the EU: New Study by the European Parliament Published

In December 2017, European Added Value Unit of the European Parliament published the Fourth edition of its report “Mapping the Cost of Non-Europe 2014-2019” (the “Study”).  The Study is especially relevant if placed in the context of challenges the EU is facing today such as: impact of Brexit on the EU Budget and the consequences for the EU’s political and economic interests, the rise of populist parties within the EU Member States and rather sluggish European economic growth. The aim of the Study is to analyze potential increases in annual EU GDP, if different policy initiatives made by the European […]

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