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Insights March 2024

CfD Scheme soon to be launched in Romania

On 14 March 2024, the Romanian Ministry of Energy launched for public consultations the draft Government decision on the approval of the general legal framework for the implementation and functioning of the Contracts for Difference support scheme for low carbon technologies ("CfD Scheme"). There is a short deadline for public consultations: 25 March 2024. In early March, Romania received the green light from the European Commission to launch a EUR 3 billion state aid programme to promote the deployment of wind and solar photovoltaic (PV) capacity to meet its energy transition goals. The support scheme foresees two auction rounds, in 2024, the first auction of 2 GW, consisting of 1 GW solar and 1 GW wind; and in 2025

News March 2024

Kinstellar announces launch of sister law firm in Southeast Asia

Kinstellar is delighted to announce that it has joined forces with Asia Counsel (www.asia-counsel.com), a prominent law firm in Vietnam. Our sister law firm in Vietnam will continue to operate under the existing “Asia Counsel” brand, now in association with Kinstellar Southeast Asia. Our strategy is to continue to develop a first-class group of law firms in jurisdictions where the major international law firms are not focussed, thereby positioning ourselves as the leading innovator and powerhouse in those jurisdictions. This strategic move marks a significant milestone and a launchpad for our group’s expansion plans in the emerging markets of Southeast Asia. By combining our strengths, resources and expertise

Insights March 2024

Coffee industry leaders face EUR 2 million fine and secure a conditional merger before Serbian Competition Authority

On 29 February 2024, the Serbian Competition Authority (the “SCA”) published two detailed decisions involving two largest undertakings on the Serbian coffee market. The first one relates to concerted practices that resulted in a joint fine of approximately EUR 2 million, while the other one relates to the conditional approval of the acquisition of Strauss Adriatic by Atlantic Group. As per data released by the SCA, these two enterprises collectively h approximately 70% to 80% of the coffee market in Serbia, boasting a portfolio that includes the most significant coffee brands in the region. In 2021, the SCA conducted a sectorial analysis encompassing various food markets, including a specific focus on the ground coffee

Insights March 2024

The AI Act is adopted, what to do now?

On March 13th the EU Parliament adopted the AI Act, marking a significant milestone in shaping the region's AI landscape. The Act will be published in the Official Journal of the European Union, and 20 days after publication, the AI Act will enter into force. Although it will take two full years until the grace period passes and almost all provisions will be applicable, AI providers should be aware of the detailed schedule of applicability. In addition, as the AI Act has extraterritorial scope, it does not only concern the 27 Member States of the European Union, but any AI provider worldwide whose AI systems are placed on the market or put into service in the EU. The first deadline expires in six months, as the rules

Deals March 2024

Kinstellar advised The Associated Press in the production of the Oscar-winning documentary 20 Days in Mariupol

Kinstellar is honoured to have provided intellectual property and privacy-related advice to The Associated Press (AP) during the production of 20 Days in Mariupol, a feature-length documentary about the brutal Russian invasion and devastation of the Ukrainian city of Mariupol in 2022. The documentary was recently honoured with an Academy Award for Best Documentary, adding to a growing list of accolades for 20 Days in Mariupol, including from Pulitzer, Sundance, BAFTA and the Directors Guild of America. The Oscar is a first for producer Mstyslav Chernov, a Ukrainian AP video journalist, the AP itself (as a 178-year-old news organization), and is also Ukraine’s first ever Oscar win! Ukrainian IP and privacy law advice

Insights March 2024

Dawn raids: Guidelines for businesses in light of Ukraine's new competition law

At present, even though the Antimonopoly Committee of Ukraine (AMC) does not actively conduct inspections, conducting dawn raid inspections is still permissible during martial law. On 6 February 2024, the updated Dawn Raids Procedure was implemented in Ukraine in order to make the process more transparent and lucid. The document outlines the steps that the AMC must take in order to carry out a dawn raid, as well as the step-by-step protocols for each stage of the inspection, such as taking pictures, recording audio or video, seizing or restricting evidence, checking and sealing the premises and other possessions, and copying papers and data storage devices. There are three noteworthy changes to the updated process:

Deals March 2024

Kinstellar advises Genesis Capital on the acquisition of a big player in heating and cooling installations

Kinstellar’s Prague office has successfully advised Genesis Private Equity Fund IV (GPEF IV), from the established private equity group Genesis Capital, on the acquisition of Schulte Group, a key player in heating and cooling installations. Genesis Capital is buying a majority stake. Private equity investors believe that businesses will continue to focus on energy savings and emissions reductions. The fact that multinational corporations are demanding a greener approach from their suppliers in the Czech Republic contributes to this. We expect Schulte's sales to reach CZK 1 billion within three years.Tomáš Sýkora, Investment Director of Genesis The fund' s goal, he said, is to confirm Schulte's position

Deals March 2024

Kinstellar advises IMMOFINANZ on the sale of Grand Center Zagreb

Kinstellar has successfully advised IMMOFINANZ on the sale of the Grand Center Zagreb office building to a Croatian real estate investment company. Kinstellar advised IMMOFINANZ throughout the process including on structuring of the sale process, structuring of the transaction, due diligence, and transaction negotiations. Located in the heart of the Croatian capital, Grand Center Zagreb stands as a modern, high-quality office building with a distinctive architectural design. With approximately 16,000 sqm of exclusive office space, the property also provides tenants with access to local amenities, including a variety of bars and restaurants. Kinstellar’s team was led by Andrijana Kaštelan, Counsel, and

Insights March 2024

Slovakia – Choice of jurisdiction in purely national relationships resolved

In its decision of 8 February 2024 (C 566/22), the Court of Justice of the European Union (the ECJ) has finally resolved the long-term practical question (and debate among legal practitioners) whether, in the case of a purely national relationship without the presence of a foreign element or link to several legal orders, contracting parties may choose the jurisdiction of the judicial authorities of any EU Member State. The response is YES. This landmark decision is a clear affirmation of the parties’ autonomy to determine the jurisdiction of the judicial authorities. Simply put, if two Slovak entities enter into an agreement under Slovak law without a link to another Member State or non-Member State, the parties are not

Insights March 2024

EUIPO offers SMEs trade mark and design grants of up to EUR 1,350 again in 2024, available also for Ukrainian SMEs

The European Commission and European Intellectual Property Office (“EUIPO”) have once again launched a small and medium-sized business fund (“SME Fund”) to provide reimbursement for trade mark and design application fees and pre-diagnostic services. The 2024 SME Fund is the third and last call of this initiative, following the 2022 and 2023 SME Funds. The grant scheme, designed to encourage SMEs to expand their intellectual property (“IP”) portfolios, has a budget of more than EUR 21 million, available on a first-come, first-serve basis. The submission period for applications runs from 22 January to 6 December 2024. Read more in the brochure below: DOWNLOAD IN ENGLISH  In case of

News March 2024

Kinstellar announces new promotions to Counsel

February 2024 – Kinstellar is delighted to announce the promotions to Counsel of: Yerlan Akhmetov, Kuanysh Shekerbekov (Almaty, Kazakhstan), Cătălin Dinu, Cătălin Graure (Bucharest, Romania), Barnabás Sági (Budapest, Hungary), Yulia Eismont, Maksym Tesliar (Kyiv, Ukraine), Michal Forýtek (Prague, Czech Republic),  Andrijana Kaštelan, Vedran Kopilović, Marija Vuchetich (Zagreb, Croatia). ALMATY Yerlan Akhmetov focuses on banking and finance, M&A and capital markets matters. Having been with the Firm for nine years, Yerlan has earned a reputation for cultivating strong client relationships, demonstrating leadership qualities and making significant contributions to our firm's success. He has played a key role

Insights March 2024

Implications of US Passage of the Foreign Extortion Prevention Act

The United States Congress passed the Foreign Extortion Prevention Act (FEPA) as an integral part of the National Defense Authorization Act for Fiscal Year 2024 (NDAA) on 14 December 2023. President Biden signed the NDAA into law on 22 December 2023. FEPA imposes extraterritorial criminal liability on foreign officials who solicit and/or accept improper financial gain, either for their own benefit or that of a third party – either from (i) US nationals, (ii) US legal persons, and also (iii) any other person currently present within the US borders at the time of any such activity. FEPA is a long overdue addition to the US Foreign Corrupt Practices Act (FCPA) mechanism. Click on one of the images below or click on