Law on Electronic Communications The Serbian Parliament has recently adopted the Law on Electronic Communications („Law“). The Law follows the wide-spread fashion of providing a single legal framework for all types of electronic communications. It replaces the previous approach of local lawmakers which assumed separate legislative instruments for different types of electronic communication. Electronic Communications […]
Only 8 months after allowing privatization of state-owned urban construction land by converting the right of use into full ownership title, the Serbian Government has enacted already the second set of amendments to the implementing by-laws, to address multiple hurdles that hindered the privatization process in practice. Those hurdles are best illustrated by the fact […]
The Law on Prevention of Mobbing at Work (the “Law”) was adopted on 26 May 2010 and it will become applicable on 5 September 2010. The Law partly overlaps and partly supplements the mobbing provisions of the general Labor Law. Mobbing is defined in the Law as any active or passive continuing act against an […]
BDK successfully advised the Spanish energy company FERSA in negotiations for the execution of the Agreement with the Montenegrin Government for 20 + 10 years concession contract for the construction and utilization of the first Wind Park in Montenegro, Mozura. The contract was signed last week by the Minister of Economy Branko Vujovic and the […]
The new Law on Bankruptcy (Zakon o stečaju, Official Gazette of the Republic of Serbia, n.104/09) partially ends legal uncertainties as to the enforceability of ISDA Master Agreements or similar netting agreements against Serbian parties in the event of insolvency. The new Law explicitly addresses close-out netting in the context of “financial contracts” including financial […]
Corporate Income Tax (CIT) Amendments to the CIT Law now permit that the financial year may differ from the calendar year, subject to the approval of the Ministry of Finance in each particular case. This flexibility is advantageous to foreign investors from countries where financial year does not necessarily match calendar year. Formerly, capital gains […]
Even though the Serbian competition protection legislation has contained prohibition of both vertical and horizontal restrictive agreements since 2005, until recently there had been no regulation on block exemptions. As a result, market participants were facing great legal uncertainty. For example, practically every distribution agreement (apart from de minimis ones) could have been caught by […]
Serbia became member of the European Patent Organisation (EPO) on 1 October 2010 . As a result, the procedure of filing patent applications will become simple r and less exp ensive. Serbian applicant s will no longer have to go through the examination procedure in e ach EPO country separately but may file only one […]
As BDK reported in Newsletter 7/2009, the current Law on Protection of Competition that came into force in July 2009 significantly boosts the powers of the Serbian Commission for Protection of Competition (“Commission”) by vesting it with the authority to impose fines (dubiously concealed under the euphemism ”pecuniary measures for protection of competition”). According to […]
Bosnia & Herzovina, Market Intelligence – Energy Tariffs The State Electricity Regulatory Commission – SERC is competent for regulation of tariffs in relation to electricity in B&H, the Federation Electricity Regul atory Commission – FERC is competent for regulation of tariffs in relation to electricity in the Fe deration of Bosnia-Herzegovina, and the Regulatory Commission […]
