JŠK Legal Flash

Directive of the European Parliament and of the Council on restructuring and insolvency introduces preventive restructuring

Enterprises (debtors) will have the option to use preventive restructuring to forego bankruptcy and secure their viability while still maintaining total or at least partial control over their assets and day-to-day business operations. For the sake of negotiations regarding the restructuring plan, debtors are able to suspend enforcement of claims (with a few exceptions) by their creditors. The directive also introduces the obligation of Member States to provide a discharge of debt option for entrepreneurs with a debt discharge period not exceeding three years. Except for a few provisions, the directive must be transposed by 17 June 2021.

(Directive 2019/1023 of the European Parliament and of the Council of 20 June 2019)

20. 9. 2019

Ministry of Industry and Trade presented a draft law on screening of foreign investments

The Ministry is proposing the creation of a screening mechanism for non-EU investments to protect security and public order. If the investment is found to be risky, the government will be able to make such an investment conditional or to prohibit or cancel it. Investments may be cancelled within 5 years of their completion, but investments completed before this Act becomes effective should remain unaffected. Prior authorisation is not required, except for investments in the most sensitive sectors, such as the arms industry or critical infrastructure. Voluntary consultation with the Ministry may prevent possible future cancelation. For the media sector, the consultation may even be mandatory. The law is expected to take effect in mid-2020.

27. 8. 2019

The Court of Justice of the European Union has established sampling rules

Sampling may constitute an infringement of the rights of the producer of the audio recording if carried out without his permission. Such was the conclusion of the Court of Justice in a preliminary ruling in a dispute involving electronic music pioneers Kraftwerk, which has been raging before the German courts for 20 years, concerning a two-second sample from the song Metall auf Metall. Although the sampling technique itself falls within the freedom of the arts protected by the EU Charter of Fundamental Rights, according to the Court, a sample can be used to create a new work without the producer's consent only if it is not recognisable in that work. Otherwise, it is a partial reproduction of that audio recording, and as such, falls within the exclusive right granted to the producer of the recording.

(Judgment of the Court of Justice dated 29 July 2019. Case C-476/17)

27. 8. 2019
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