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October 17, 2024

Forced Liquidation: Liability of the Controlling Member of a Limited Liability Company for the Obligations of the Dissolved Company

Recently, before the Commercial Court, the question arose as to who is liable for the obligations of company (A), which was dissolved in a forced liquidation process, in cases where the controlling member of company (A), company (B), was also dissolved in a forced liquidation process. Namely, the expected legal solution in the above-described situation would be that the controlling member of company (B), specifically company (C), would consequently be liable for the obligations of company (A). In other words, in this case, liability for the obligations of the initially dissolved company (A) would extend to other subsequent founders/controlling members,...

October 16, 2024

Modernization of Excise Framework: Adoption of New Regulations on Excise Stamps and the Introduction of the E-Excise System

In the Official Gazette of the Republic of Serbia No. 78/2024, dated September 27, 2024, two important regulations were published: Regulation on the Design of Control Excise Stamps, Control Excise Stamps with a QR Code, Types of Information on the Stamp, Procedures for Approval and Issuance of Stamps, Keeping Records on Approved and Issued Stamps, and Labeling of Excise Products with Control Excise Stamps or Control Excise Stamps with a QR Code, as well as the Types of Individual Packaging for Coffee for Final Consumption Labeled with a Control Excise Stamp (“Regulation on the Design and Labeling of Excise Products”);...

October 11, 2024

Workplace Injury: Employer’s Release from Liability for Employee Injury

This article analyzes the ruling of the Commercial Appellate Court, case no. Pž 6930/21 (“Ruling”), dated February 9, 2023, which presents an important stance on the employer's liability for injuries sustained by employees regarding work: The court concluded that there is no liability for the employer regarding non-material damages resulting from an injury sustained by an employee acting on their own initiative, which the employer could not foresee and whose consequences they could not avoid or eliminate. In judicial practice, it is commonly held that when it comes to dangerous activities or tasks involving hazardous equipment (e.g., machinery), the employer...

October 09, 2024

PR Legal is Pleased to Introduce the Newest Member of Our Team!

We are pleased to introduce Sonja Stojčić, an accomplished attorney specializing in Dispute Resolution, Data Protection, and Regulatory Compliance. She graduated from the University of Belgrade, Faculty of Law, with honors, and has been a member of the Belgrade Bar Association since 2018. Sonja has extensive experience representing both domestic and international clients in complex disputes, including corporate, commercial, and employment litigation, as well as bankruptcy proceedings. She is particularly proficient in the field of Data Protection, with a focus on the European General Data Protection Regulation (GDPR) and domestic regulations. In addition to being fluent in English, Sonja also...

October 07, 2024

The Issue of Advertising Unregistered Private Accommodation Providers

One of the biggest causes of the gray economy in tourism is unregistered private accommodation services. This issue became even more obvious when foreign online platforms, like Booking, began advertising such entities, essentially giving them easier access to service users. The problem with these platforms lies in the fact that they allow advertising of unregistered private accommodations, whose owners do not engage in hospitality activities in accordance with regulations, thus effectively avoiding tax obligations on their income. On the other hand, Booking does not accept any responsibility for verifying the legality of private accommodation providers in the country where the...

October 02, 2024

Google Between Wins and Losses in Legal Battles in EU and US

Google, one of the world's largest tech giants, is facing increasing pressure and legal challenges globally due to alleged abuse of its monopolistic position. At the same time, the company is experiencing contrasting outcomes in its court cases—marking a significant victory in the European Union while facing serious accusations in the United States. Victory in the EU: Overturning the online advertising fine In September 2024, the General Court of the European Union annulled a EUR 1.5 billion fine that the European Commission imposed on Google in 2019 for abusing its dominant position in online advertising through its AdSense platform. The...

September 30, 2024

E-Delivery Note: Public Debate Opened on the Draft Law on Electronic Delivery Notes

At the end of last year, the Ministry of Finance announced the improvement of the Electronic Invoicing System (known as SEF), which will consist of various modules. Certainly, the most significant module will still be the E-Invoice, which has already been in use by business entities since January 1, 2023. Along with it, new modules such as the E-Delivery note, E-Excise, and E-Customs will also be integrated. Following the announcement of the new system, as a result of the work of the Working Group within the Ministry of Finance, the Draft Law on Electronic Delivery Notes ("Draft Law") was prepared,...

September 27, 2024

Supreme Court: The Validity of Non-Compete Clauses in Employment Contracts Can Be Terminated by a Unilateral Act of the Employer

In one of our previous articles (here), we addressed the question of whether the validity of non-compete clauses in employment relationships can be terminated based on a unilateral act of the employer. In this regard, we discussed the ruling of the Court of Appeals in Belgrade, no. Gž1 1900/20 from March 19, 2021, which marked a significant shift in judicial practice. In this ruling, the court held that an employer who, by a resolution terminating the employment, releases the employee from the obligation to honor a non-compete clause established in the employment contract, is not required to pay the employee...

September 26, 2024

Are There Procedural Requirements for Holding an Employee Legally Liable for Compensating an Employer for Damages?

In the Decision no. Gž1 370/23 of June 2, 2023 (Case Law Bulletin of the Court of Appeals in Niš no. 1/2024), the Court of Appeals in Niš took the position that an employer's claim for compensation of damages caused by an employee must be preceded by an internal procedure conducted by the employer, which is a procedural prerequisite for obtaining judicial protection in a lawsuit, where the court, exercising full jurisdiction, decides on the right to compensation for damages. The absence of this procedural prerequisite will be grounds for dismissing the employer's claim in a lawsuit initiated against the...

September 24, 2024

Increase in the Minimum Salary Effective January 1, 2025

The Social and Economic Council of the Republic of Serbia passed the Decision on the amount of the minimum salary for the year 2025. The Decision was published in the Official Gazette of the Republic of Serbia No. 74/2024 on September 4, 2024. Unlike previous years, when the Government made decisions on the minimum wage due to the inability of social partners to reach an agreement, this time the decision was made by the tripartite council, in accordance with the Labor Law. According to the Labor Law, the minimum salary is determined by a decision of the Social and Economic...

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