What is the Cost of a “Like”? (Case no. C-40/17 - Fashion ID)

The development and widespread use of the online social network Facebook has changed not only the dynamics of social relationships, but also - together with other online platforms and tools - the manner in which enterprises advertise their business. More and more companies are adopting new advertising strategies that focus primarily on product recognition. Given its popularity, Facebook is proving to be an ideal platform for businesses (especially online traders) to pursue such strategies with little investment - at least at first glance. Linking online stores to content on Facebook may have unintended consequences - especially in terms of consumer protection and data protection law - as illustrated in the ECJ’s judgement in case C-40/17 of 29 July 2019.

National Assembly Finally Adopts the Act on Judicial Protection Procedure for Former Holders of Eligible Liabilities of Banks

Slovenian banks underwent an extensive recapitalization in 2013 and 2014, which continues to leave the public dissatisfied and has yet to be resolved by the courts. The key focus for the public was the controversial valuation of bank assets and alleged misuse of stress test assumptions. The state invested around EUR 5 billion in then state-owned banks (NLB, NKBM, Abanka and Banka Celje), resulting in a loss for holders of shares and subordinated bonds of around EUR 900 million. Private Factor banka and Probanka were also liquidated. In October 2016, the Slovenian Constitutional Court ordered the National Assembly to adopt legislation to undo within six months those actions, which it had established to be unconstitutional. However, such law was adopted only on 22 October 2019.

In Testamentary Succession after a Stepmother or a Stepfather, does the Tax Exemption of the Stepchild Last until the Death of its Parent?

One year ago, the Supreme Court of the Republic of Slovenia (“Supreme Court”) by its decision X DoR 55/2018 allowed a revision to be filed due to the question whether the death of the stepchild’s parent results in the termination of the stepchild's status with respect to the spouse of his parent (i.e. his stepmother or stepfather). The Supreme Court ruled upon this admissible revision with decision X Ips 29/2018 of 2 July 2019, by which it changed the decisions of lower instances in a manner that the appellant – the stepchild, who was an heir appointed by will after the second wife (her stepmother) of her late father (who died before his second wife) was exempted from paying the inheritance tax.

The Shareholder Rights Directive II: Behind the Veil of the Share Register

The law of public limited companies is on the verge of some fundamental changes brought to the Slovenian Companies Act by the implementation of the Shareholder Rights Directive II (Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 amending Directive 2007/36 / EC to encourage long-term shareholder participation). The main goal of the Directive is to encourage more active and direct involvement of shareholders in company matters, which should also ensure the long-term stability of companies. The Directive seeks to achieve the goal through four sets of rules in the following areas: (i) the identification of shareholders, transmission of information and facilitation of exercise of shareholder rights; (ii) transparency of institutional investors, asset managers and proxy advisors; (iii) shareholder rights in relation to remuneration policy; (iv) transparency and approval of the company's related party transactions.

Amendment to the Slovenian Property Code - Will the management of property under co-ownership be easier from now on?

On 20 June 2019, the Slovenian Ministry of Justice published a bill amending and supplementing the Slovenian Law of Property Code. The current provisions of the Code regarding the management of property under shared ownership are insufficient and the proposed amendment is a consequence of this. Since it is not reasonable to expect co-owners to reach consensus on all management affairs, the Code at present distinguishes between those affairs which form part of regular management and those that exceed regular management.

Representation of Branch Offices in Submitting Tenders in Public Procurement Procedures

A branch office is not a legal person but it may perform some or all operations which may otherwise be performed by a foreign company. Article 679 of the Slovenian Companies Act ('ZGD‑1') stipulates that a branch office acts in the name of and on behalf of a foreign company if, when acting, it uses the parent company's name, the parent company's registered office and its own name. If a branch office fails to comply with the aforementioned provision, its parent company will be fined for the offence (Article 687 of ZGD-1).

Concentrations Between Undertakings – What To Watch For

The Slovenian Competition Protection Agency (“CPA”) reports that it has initiated merger filing proceedings against the Croatian company Agrokor d.d. in respect of the concentration between Agrokor AG (Switzerland), which is part of the Agrokor group, and Ardeya Global Ltd. (UAE) which owns the Slovenian company Costella d.o.o. (“Costella”). The proceedings were initiated as a result of a potential failure to notify the CPA of a concentration which is subject to the provisions of the Slovenian Prevention of Restriction of Competition Act (“PRCA”).

Proposed Amendment to the Slovenian Energy Act – What To Expect

The Government of the Republic of Slovenia recently put forward an amendment to the Slovenian Energy Act. The amendment will not only implement reforms made necessary by European legislation, a decision of the Slovenian Constitutional Court and the Guidelines on State aid for environmental protection and energy, but also introduce new and innovative solutions in the energy sector. What are the proposed amendments and what will be their consequences for Slovenian consumers and Slovenian companies?

SELIH & PARTNERJI Law Firm Contributes to The Lex Mundi Global Anti-Corruption Compliance Guide

Whether your team is implementing a company-wide anti-corruption compliance code or advising management on a proposed overseas investment, it is imperative that legal functions within organizations understand how relevant anti-corruption laws apply to and inform the way in which they conduct their business. The Lex Mundi Global Anti-Corruption Compliance Guide, compiled by Lex Mundi member firms from around the world, summarizes regulatory regimes in 80 jurisdictions across the Americas, APAC and in EMEA. 

Gorenje Announces Sale of Serbian Subsidiary Gorenje Tiki

Gorenje, the major Slovenian household appliance manufacturer, announced that in the coming weeks, it will publish a call for bids for its Serbian subsidiary Gorenje Tiki, a small water heater manufacturer. Gorenje also intends to sell the Tiki brand along with the subsidiary. Gorenje Tiki is the fourth largest water heater manufacturer in Europe. Ninety percent of its products are exported to 34 countries across the globe, primarily to Germany, Austria, Croatia, and Russia. The Serbian market is the third largest and Gorenje Tiki's market share there is 40 percent. Gorenje opened the Serbian…

The New Trade Secrets Act

The new Slovenian Trade Secrets Act  was published in the Official Gazette of the Republic of Slovenia on 5 April 2019 and will enter into force on 20 April, 2019. The new Act transposes the EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure into the Slovenian law and brings some changes to the current definition of what constitutes a trade secret, makes a clearer distinction between the lawful and unlawful acquisition, use and disclosure of trade secrets and regulates the judicial protection in the event of violations and the conditions and circumstances for issuing the interim measures for immediate protection of business secret.

TAB Looking for a Buyer Again

According to the Finance newspaper, Nova Ljubljanska Banka is checking for interest for the successful Slovenian battery manufacturer Tovarna Akumulatorskih Baterij (TAB) again. It is not known to what which potential buyers the prospectus has been sent.