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Tag: Dispute Resolution

The Legal 500 EMEA 2023 rankings

[vc_row][vc_column][vc_column_text]BDV proudly shares its recognition in The Legal 500 (Legalease) EMEA 2023 rankings as TIER 1 firm. The Legal 500 analyses the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market. BDV has been recognized across 5 categories: (i) Commercial, Corporate and M&A, (ii) Banking, Finance and Capital Markets, (iii) Dispute Resolution, (iv) EU and Competition, and (v) Real Estate and Construction. Legalease highlights the BDV team as “responsive, efficient, and knowledgeable” … “composed of highly competent and resourceful young professionals, with a wealth of experience in handling complex and challenging matters”. BDV tax department received special praise for its “tax structuring expertise” (Commercial, Corporate and M&A) and “tax controversy” mandates (Dispute Resolution). Legal 500 also recognized all BDV partners individually: Laurenz W. Vuchetich as “contact for M&A work”…“eloquent, thorough, reasonable and very pleasant to work with”, Ivan Dvojkovic as “very calm and objective, even in the most stressful situations” and “contact on both the buy and sell-side of M&A transactions”, and Vladimir A. Batarelo as “talented, excellent and trustworthy lawyer” who “provides additional value to clients by dint of his tax structuring expertise”. Marko Bohaček is praised as a Rising Star and is recognized for his exceptional work in Banking, Finance and Capital Markets. Tomislav Sadrić is recognized alongside Laurenz Vuchetich for his pivotal experience in Real Estate and Construction and highlighted for “abundant knowledge and experience in real estate-related matters”. Additionally, Tomislav is recognized in the EU and Competition, alongside Ivan Dvojković. BDV has also proven its expertise by being recognized in Dispute Resolution, regarded as an “experienced and knowledgeable team”. We thank our clients for entrusting us with their complex mandates. Detailed information about the rankings can be found at the following link: [/vc_column_text][/vc_column][/vc_row]

CONFERENCE OF THE PROJECT: “REINFORCING THE SYSTEM OF COURT-ANNEXED MEDIATION”

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[vc_row equal_columns=”true”][vc_column width=”3/4″][vc_column_text]A conference of the project “Reinforcing the system of court-annexed mediation” was organized by the Ministry of Justice and Public Administration and Norwegian Courts Administration. The main goal of the project is to strengthen the effectiveness and efficiency of the judicial system in the Republic of Croatia. The project involves cross-border cooperation, involving the comparison of the existing mediation system with those in other European countries – Norway, Portugal, the Netherlands, Ireland. For this purpose, the Ministry of Justice and Public Administration organized study visits to the mentioned jurisdictions. The participants of the study visits were dispute resolution experts who exchanged experiences with European experts on the implementation of advanced dispute resolution models in their jurisdictions. The total value of the project is estimated at 1.5 million euros, and 85% was financed by a Norwegian grant. As we have reported previously – BDV was engaged by the Ministry of Justice and Public Administration to prepare a comprehensive in-depth written study on the mediation system in Croatia. The study analyses the potential shortcomings of the current Croatian legal framework for mediation, as well as lays down an extensive list of recommendations on how to both enhance and improve this framework. In drafting this study, BDV team paid particular attention to the undisputable fact that different types of disputes require different types of alternative dispute resolution mechanisms – same solutions cannot be equally applied in the case of commercial and consumer disputes in Croatia. This approach resulted in a creation of a comprehensive study that may serve as a basis for further legislative reforms on alternative dispute resolution in nearly any major area of Croatian local law. The conference presented the monitoring of the project’s implementation and all its related activities. Our representatives, Marko Karlo Bohaček, Monika Rakitničan and Tomislav Sadrić, shared their own experiences and views of the held study visits. We thank our colleagues from the Ministry of Justice and Public Administration for their cooperation and all the effort put into the implementation of the project. BDV will continue closely observing the development of alternative dispute resolution structures in Croatia and will strive to contribute within our field of expertise.[/vc_column_text][/vc_column][vc_column width=”1/4”][/vc_column][/vc_row]

ICC FIDIC Conference on International Construction Contracts and Dispute Resolution

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[vc_row equal_columns=”true”][vc_column width=”3/4″][vc_column_text]ICC Croatia and Hrvatska gospodarska komora hosted a two-day outstanding ICCFIDIC conference in beautiful Dubrovnik. Our Partner Tomislav Sadrić participated at the conference which served to gather the world’s leading construction practitioners and provided participants with an update on the latest industry trends and developments. We thank the organizers and the speakers for the impressive event and all the inspirational topics.[/vc_column_text][/vc_column][vc_column width=”1/4″][vc_column_text]

For more information please contact

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Tomislav Sadrić

+385 (0)1 5626 001 tomislav.sadric@bdvlegal.com
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BDV analysed mediation framework in Croatia for Ministry of Justice

BDV advised the Ministry of Justice of Croatia in the successful completion of a comprehensive in-depth written study related to mediation.   The written study drafted by the BDV team is over 130 pages long. It analysed the potential shortcomings of the current Croatian legal framework for mediation, as well as lays down an extensive list of recommendations on how to both enhance and improve this framework. The proposed measures are not just limited to improving the existing judicial and extrajudicial mediation procedures, but also encourage other types of alternative dispute resolution procedures that are widely considered the best means of dispute resolution in various areas of law today.   In drafting this study, BDV team paid particular attention to the undisputable fact that different types of disputes require different types of alternative dispute resolution mechanisms – same solutions cannot be equally applied in a case of commercial and consumer disputes in Croatia. This approach resulted in a creation of a comprehensive study that may serve as a basis for further legislative reforms on alternative dispute resolution in nearly any major area of Croatian local law.   BDV team that worked on a study consisted of Vladimir A. Batarelo, Laurenz W. Vuchetich, Tomislav Sadrić, Marko K. Bohaček and Fran Marko Stojković. Tomislav Sadrić visited Lisbon as a member of the national delegation of dispute resolution experts. The aim of the visit was to meet leading Portuguese experts and to exchange experiences on implementing advanced models of dispute resolution in both jurisdictions. During the visit, Croatian delegation visited Portuguese Directorate-General for Justice Policy, Lisbon’s Central Civil Court, and the High Judicial Council.   We thank our colleagues from the Ministry of Justice of Croatia for their invaluable support throughout the process. BDV will continue closely observing the development of alternative dispute resolution structures in Croatia and will strive to contribute within our field of expertise.

The first Croatian case ever brought before the #ECJ in tax proceedings

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We are pleased to announce that #BDV team, led by partner Vladimir Ante Batarelo and attorney at law Tomislav Sadrić, represented a client at a hearing held before #ECJ, in what is considered to be the first Croatian case ever brought before the #ECJ in tax proceedings. The hearing was held upon the Administrative Court’s request for preliminary ruling in VAT-related case where the ECJ was asked to clarify the scope and application of Art 135/1 (b) and (d) VAT Directive in relation to the services carried our by Croatian company. 

 

This proceeding represents a significant leap forward in tax controversy matters in Croatia. We hope this will be an example for further request submissions for preliminary rulings in tax cases – contributing to deeper implementation of EU Law in tax related cases. 

 

We look forward to further such experiences!

[/vc_column_text][vc_column_text]* photography source: G. Fessy © CJUE (Court of Justice of the European Union)[/vc_column_text][/vc_column][vc_column width=”1/4″][vc_empty_space][/vc_column][/vc_row]

BDV is delighted to announce that Tomislav Sadrić has joined our team as an attorney at law

[vc_row equal_columns=”true”][vc_column width=”3/4″][vc_column_text]BDV is delighted to announce that Tomislav Sadrić has joined our team as an attorney at law. Tomislav will strengthen our dispute resolution practice with an industry focus on financial services, energy and transport. Tomislav represents clients in complex litigation proceedings before commercial courts and also advises clients on public procurement matters. Tomislav was previously a team member at a leading national law firm.[/vc_column_text][/vc_column][vc_column width=”1/4″][vc_column_text]

Tomislav Sadrić

+385 (0)1 5626 001 tomislav.sadric@bdvlegal.com
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The Court of Justice referred the €1.06 billion Intel antitrust case back to the General Court

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[vc_row][vc_column][vc_column_text]In a judgment made on 6 September 2017, the Court of Justice has set aside the previous ruling of the General Court issued on 12 June 2014, which had upheld the fine of €1.06 billion imposed by the Commission on Intel in 2009 for abuse of a dominant position. According to the 2009 Commission’s decision, Intel abused its dominant position in the market by granting rebates to four major computer manufacturers (Dell, Lenovo, HP and NEC) under the condition that they purchase from Intel all, or almost all, of their x86 central processing units (CPUs). In addition to rebates, Intel awarded payments to Media-Saturn, which were conditioned on the latter selling exclusively computers containing Intel’s x86 CPUs. The Commission found that those rebates and payments induced the loyalty of the four manufacturers and of Media-Saturn, which as a result significantly diminished the ability of Intel’s competitors to compete. The General Court upheld the Commission’s decision which stated that loyalty rebates granted by an undertaking in a dominant position were, by their very nature, capable of restricting competition such that an analysis of all the circumstances of the case and, in particular, an efficient competitor test (the “AEC Test’”) were not necessary. The Court of Justice has however found in its judgment that the Commission did not carry out an in-depth examination of the circumstances of the case in its decision, in which, according to the Court, the AEC Test should have had an important role. The Court referred the case back to the General Court so that it may examine, in the light of the arguments put forward by Intel, whether the rebates at issue are capable of restricting competition. Intel’s arguments alleging that the Commission lacked territorial jurisdiction to penalise the abuse, and alleging procedural irregularities that affected its rights of defence, were rejected by the Court. Source: Court of Justice of the European Union, press release No 90/17 of 6 September 2017[/vc_column_text][/vc_column][/vc_row]