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Update on the ESG reporting obligations in Bulgaria, Croatia, the Czech Republic, Hungary, Romania and Slovakia
The Corporate Sustainability Reporting Directive (EU) 2022/2464 (the “CSRD”) required EU member states to complete its transposition by 6 July 2024. However, uneven implementation led the EU Commission to initiate infringement proceedings against 17 member states, including the Czech Republic and Romania, on 26 September 2024, citing their failure to fully communicate the necessary transposition measures. These states now face a two-month deadline to finalise the process and respond to the formal notice. While the CSRD’s transposition is nearing completion, attention is turning to the Corporate Sustainability Due Diligence Directive (EU) 2024/1760 (the “CSDDD”), an equally significant piece of legislation.
Kinstellar advises Ardian on the Romanian side of the transaction for the acquisition of a majority interest in Vista Vision
Kinstellar is proud to have advised Ardian, one of the world’s leading private equity investment companies, on the Romanian side of the transaction for the acquisition of a majority interest in Vista Vision, a leading provider of healthcare services specialising in ophthalmic and refractive surgery. The transaction includes the indirect acquisition of 100% of the shares in two Romanian subsidiaries, Vista Vision and SIM Vision. Headquartered in Milan, Vista Vision was founded in 2003 and currently operates 12 clinics across Italy and five in Romania. The company is a leader in opthalmology healthcare, specialized in laser eye surgery for the correction of myopia and cataract surgery. Kinstellar’s legal team
The legal effects of electronic signatures from the perspective of Law No. 214/2024 in Romania
On 8 October 2024, the Romanian law on the use of electronic signatures, timestamps and the provision of trust services based on these ("Electronic Signature Law") entered into force. The legislation introduces a new legal framework for electronic signatures, in close alignment with Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market ("eIDAS Regulation"). Particularities of the legal effects depending on the type of electronic signature used: A. Qualified electronic signature – this is a signature created by a qualified electronic signature-creation device based on a qualified certificate for electronic signatures. While the Electronic
TMT Legal Update
Our TMT Legal Update provides insights from our law experts and aims to keep you regularly up to date with sector news, trends and legislation in the Central and Eastern Europe and Central Asia regions. This issue covers key updates from our jurisdictions from the past few months. REGIONAL Implementation status of certain EU regulations Technology 01. New development regarding NIS 2 Directive implementation in various Kinstellar jurisdictions The EU's NIS2 Directive is a cybersecurity act aimed at improving overall cybersecurity in the EU. Member States must implement it by 17 October 2024. Below we provide
The Romanian Competition Council revamps its guidelines on issuing guidance letters
On 11 September 2024 the Romanian Competition Council’s (“RCC”) Order no. 2436/2024 implementing the Guidelines on informal guidance on novel or unresolved questions arising in individual cases concerning the application of Art. 5 and 6 of the Romanian Competition Law No. 21/1996 (the “Competition Law”) was published in the Official Gazette of Romania and entered into force (the “Guidelines”). Art. 5 and 6 of the Competition Law represent the local-law equivalents of Art. 101 and 102 of the Treaty on the Functioning of the European Union and deal with the prohibition of agreements that restrict competition and, respectively, abuse of dominance. The Guidelines replace the previous RCC note on the matter
Romania to introduce stricter compliance rules for crypto-asset service providers
Romania’s National Office for the Prevention and Control of Money Laundering has recently published a draft of an Emergency Ordinance amending and supplementing Law no. 129/2019 on the prevention and control of money laundering and terrorist financing (the Emergency Ordinance) in order to harmonise domestic legislation with the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing (the Fifth AML Directive), as amended by Regulation (EU) 2023/113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets
New tax amnesty adopted by the Romanian government
On 6 September 2024, the Romanian government adopted Emergency Ordinance no. 107/2024 (“the GEO”) regulating a nationwide tax amnesty generally aimed at cancelling late payment interest and penalties related to certain outstanding tax liabilities, as summarised below.1. Waiver of interest, penalties and other additional charges for outstanding debts as of 31 August 2024 for all taxpayers. The outstanding debts as of 31 August 2024 include: budgetary liabilities for which the due date or payment term has been met on or before 31 August 2024; supplementary budgetary liabilities established by tax assessment decisions communicated up to and including 31 August 2024, as well supplementary liabilities
Romania to hold first CfD renewables auction in coming weeks
Romania is set to hold its first contracts for difference (“CfD”) auction in the next few weeks. The Ministry of Energy has taken further steps and issued the order for initiating the CfD auction under the CfD scheme. On 6 September 2024, Order No. 1290/2024, approving the launch of the first auction for the State aid scheme in the form of contracts for difference for the production of electricity from renewable sources of onshore wind and solar photovoltaic energy, as well as the rules of the procedure for the first auction (“Order 1290/2024”), was published in the Official Gazette of Romania and entered into force on the same date. The total capacity targeted is 1,500 MW of renewables; specifically
Kinstellar successfully completes the acquisition of Noerr’s Bucharest operations, following the acquisition of Noerr’s Offices in Bratislava and Prague
Kinstellar is delighted to announce the successful completion of acquiring Noerr’s Bucharest operations, marking the final phase of the strategic transaction that also included acquiring Noerr’s offices in Bratislava and Prague. This transaction represents a significant milestone in Kinstellar’s growth strategy across Central and Eastern Europe. With the addition of the new operations, first in the Czech Republic in Slovakia earlier this week and now in Romania, Kinstellar's presence in these markets has substantially expanded. With the addition of the new colleagues, Kinstellar Bucharest Office now boasts an even stronger team of seven partners and approximately 50 highly skilled lawyers and business professionals.
Kinstellar successfully completes the acquisition of the Bratislava and Prague Offices of Noerr, with the acquisition of Noerr's Bucharest operations to follow imminently
Kinstellar is very pleased to announce the completion of the acquisition of the Bratislava and Prague offices of the highly respected German law firm, Noerr. The acquisition of Noerr’s Bucharest operations, the final piece of the transaction, is set to close following final administrative approvals which are expected soon. This milestone marks a significant step forward in Kinstellar's growth journey. Over the past 16 years, we have grown from 4 offices to a dynamic international firm with 12 offices across 11 markets in Central, Eastern, and South-eastern Europe, Turkey, Ukraine, and Central Asia. Adding the Noerr teams in Bratislava, Prague and, very soon, in Bucharest substantially enhances our strength and depth in these three markets.
Kinstellar advises CCC on the Romanian, Czech, Croatian, Hungarian, and Slovak legal aspects of a PLN 1.8 billion financing agreement
Kinstellar is delighted to announce it has successfully advised CCC—a leading Polish-based footwear manufacturer and retailer with a network of over 1,000 stores across 29 countries—on the Romanian, Czech, Croatian, Hungarian and Slovak legal aspects of a PLN 1.8 billion (approximately EUR 420 million) term and revolving facilities agreement. The financing, which is provided by a consortium of lenders including mBank, EBRD, Bank Pekao, BNP Paribas Bank Polska, PKO Bank Polski, Santander Bank Polska, and Bank Handlowy w Warszawie, as well as the factoring entities Santander Factoring, mFaktoring, PKO Faktoring, and BNP Paribas Faktoring, will support CCC’s ongoing operations and the further development of its brands
Kinstellar assists Globalworth again on a logistics portfolio sale in Romania
Kinstellar is delighted to announce that it has again successfully advised Globalworth, an AIM-listed, leading office investor in Poland and Romania, on the sale of a logistics portfolio in Romania, to the buyer WDP. The transaction closed in July 2024, being one of the largest logistics transactions in Romania to date in 2024. The portfolio sold to WDP was a joint venture with Global Vision, and includes sizeable lettable logistics and industrial facilities as well as land bank in Chitila, Constanta and Targu Mures. This transaction follows on the heels of Globalworth’s sale of another logistics portfolio to CTP earlier this year in May. Kinstellar provided comprehensive support on all aspects of the transaction.