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Consumer Law Update – CJEU rules that a price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days
On 26 September, the Court of Justice of the European Union ("CJEU") issued its much anticipated decision in the case Aldi Süd (C-330/23) concerning the announcement of price reductions in an advertisement. At issue was whether a price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days, or whether the price reduction can be calculated from another price, with the information on the lowest price in the last 30 days being provided together with the reference price for calculating the reduction (as an additional figure). The CJEU concluded that that a price reduction announced in an advertisement must be determined on the basis of the lowest price applied
Update: Major changes in Bulgarian gambling regulation
As we have previously reported, just a few months ago Bulgaria introduced major changes to the regulations governing organisers of gambling games and activities (including service providers connected with the gambling industry) and gambling advertisements (see the original article here). These changes have recently been further clarified with a decision of the regulator and additional proposed amendments in relevant rules. Below are some key updates: Online advertising A recent decision of the National Revenue Agency (“NRA”) clarifies that the legislative changes were intended to restrict gambling advertisements to Bulgarian media outlets and their websites, rather than across the entire Internet. This means
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
Purpose of the Astana International Financial Centre (AIFC) and application of AIFC Law, in Kazakhstan
We have gathered practical insights based on case studies within the Astana International Financial Centre (AIFC), with a focus on the application of law in this jurisdiction. In this brief note, we aim to summarize these key points and share them with potential AIFC participants, investors, and professionals in the legal and financial sectors. It is important to note that this is not an academic article or legal advice, but rather practical observations. Purpose of the AIFC and application of AIFC Law As a starting point, the AIFC, located in Astana, Kazakhstan’s capital, was created to serve as a specialized financial hub, fostering investments and promoting regulated financial services. What distinguishes
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
How Slovak courts operated in 2023 – Statistics don’t lie
At the beginning of August 2024, the Ministry of Justice of the Slovak Republic released its annual statistical yearbook for 2023 (please see here: Statistical Yearbook 2023). At the time of publication, the effects of the so-called judicial map reforms that were initiated in 2023 had not yet manifested themselves in any significant way. However, we have identified several intriguing trends and other data that we would like to bring to your attention. Civil and commercial litigation In 2023, courts in the Slovak Republic handled 39,920 civil cases, with 110,392 disputes (including commercial cases), which is 7,742 fewer cases than in 2022. Based on an overview of the duration of proceedings in
Kinstellar advises France’s NJJ Capital on the landmark roll-up of businesses in the telecommunications sector in Ukraine
Kinstellar is proud to have acted as Ukrainian legal counsel to NJJ Capital, the investment company of France’s leading technology entrepreneur Xavier Niel, on the acquisition and merger of Datagroup-Volia, one of Ukraine’s largest fixed telecom and pay-TV providers, and Lifecell, Ukraine’s third-largest mobile operator. This landmark transaction is a significant consolidation of and investment in the Ukrainian telecoms market, that will bring many benefits to telecoms consumers, especially during wartime circumstances. Kinstellar’s legal team provided comprehensive Ukrainian law advice to NJJ Capital throughout the transaction. Lead lawyer and office managing partner Olena Kuchynska, noted:
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 and DataDriven provide an overview of demining industry regulations in Ukraine
Kinstellar, in collaboration with DataDriven, provides regulatory guidance for companies entering Ukraine’s demining industry. Against the backdrop of Russia’s war, Ukraine has become the most heavily mined country in the world, with demining efforts estimated by the World Bank to require approximately USD 38 billion. The participation of Ukraine’s international partners is crucial to accelerate these efforts. " We invite our partners to support Ukraine to meet the critical need for demining operations and we will support these partners via expert navigation through the rapidly evolving legal and regulatory framework," noted Kinstellar Ukraine Partner and Head of the Defence
Changes to the Czech Labour Code applicable from 1 August 2024 and 1 January 2025
Minimum salary A new methodology for determining minimum salaries has been implemented. In line with EU legislation, from 2025 the minimum wage will be determined by an indexation mechanism and be announced by the Ministry of Labour and Social Affairs no later than on 30 September for the following year. The guaranteed salary grading (an additional “minimum” salary scaled according to the complexity of the given work) has been abolished as obsolete. Accordingly, from 1 August the only minimum salary amount which employers must adhere to is the minimum salary, determined and announced as above. The proposed (not yet approved) level of the minimum salary is 42,2 % of the average salary, i.e. CZK 20 600 for 2025
Czech Republic is preparing a new incentive scheme for the video games industry
The Czech Republic will soon join a group of European countries that offer incentives to the video games industry. The video games industry has been one of the fastest growing sectors in the Czech Republic in recent years, and enjoys an excellent reputation worldwide – despite the lack of any kind of state support. However, this will likely soon change with the adoption of an amendment to the Czech Act on Audiovision (the “Amendment”). Some of the most significant new changes introduced by the Amendment are the transformation of the current Czech Film Fund into the Czech Audiovisual Fund (the “Fund”) and the extension of the state incentive system to include the video games industry. According to the Amendment