HILLBRIDGES

It’s personal. But we want to share it with you. Our relationships with our clients. To us, they're about trust, collaboration, and strong support, even through tough times. The key to achieving and succeeding, though, lies in the integrity of the values we share. See what we care about: https://lnkd.in/diri9dv2

Following the hearing before the CJEU in February 2024, Advocate General Campos Sánchez-Bordona delivered his Opinion in the NFŠ case (C-28/23) last week. In his opinion, he addressed two main issues disputed between the parties (with NFŠ represented by Hillbridges), and in all main aspects he came to the conclusions as presented in our line of argumentation. (i) Requirements for the existence of a public contract In his opinion, the Advocate General summarises and further clarifies the existing case law: 👉The successful tenderer should specifically take on the obligation to carry out the works forming the subject of the acquisition and this obligation should be legally enforceable. In the present case, it does not appear that there would be any right on the side of the Slovak Republic (contracting authority) to claim execution of the specific works (i.e. construction of a stadium). All indications are that the agreements gave NFŠ the option to either remain the owner of the stadium and continue to operate it or to transfer it to the Slovak Republic if it so wished. Therefore, it seems highly unlikely that the national court (which will apply the CJEU's final decision in this matter) could assess the arrangements between NFŠ and the Slovak Republic as a public contract. 👉The existence of a public contract requires a direct economic benefit on the part of the contracting authority. According to the Advocate General direct economic benefit requires more than just a general support of sports activities. 👉The contracting authority must have a decisive influence on essential elements of the construction works. While it is for the national court to make a detailed assessment, the Advocate General considers that a mere reference to the UEFA regulations on the construction of a category 4 stadium and to the national legislative framework for sports infrastructure is not sufficient. Depending on the final position of the CJEU, this may shed further light on development agreements across the EU. (ii) Effect of previous state aid decision 👉 What makes this case different from other procurement cases is the existence of a prior state aid decision by the European Commission (SA.46530). The Advocate General points out that the relevant State aid decision dealt with the entire contractual structure between NFŠ and the Slovak Republic. In his view, the procurement aspects of the present case (e.g. the absence of an obligation to transfer the stadium to the Slovak Republic, the tendering of the actual construction works by NFŠ) had already been addressed in the State aid decision. Therefore, this assessment must be respected by the national court. If the CJEU accepts the Advocate General's view, it may lead to further clarification of the Commission's obligation to assess compliance with internal market rules when adopting state aid decisions. Prof Albert Sanchez-Graells has written a blog analysing all the relevant issues in more detail.

The The Legal 500 has recognized Hillbridges in 6 practice areas this year! We're grateful for this acknowledgment and want to extend our sincere thanks to our team for their hard work and dedication. A big shoutout to Miroslav Trencan and Zoran Draskovic for being recognized as Leading Individual and Next Generation Partner, respectively. You guys play a significant part in our achievements. And to our clients, thank you for your trust in us. We're here to keep supporting your success. Congratulations to everyone mentioned, and let's keep up the good work!

Thrilled to have attended 8th ICC European Conference on International Arbitration alongside my colleague Martin Cabak. Engaging discussions, insightful sessions, and interesting new people made the conference truly exceptional. One standout topic we explored was "Interest-Based Approaches to Arbitration," offering valuable insights into innovative dispute resolution methods. It was an honour to hear from esteemed speakers like Jan Paulsson, whose expertise added immense value to the discussions. I also had the privilege of attending the Advanced Training on Dispute Boards, further enriching my expertise in effective conflict resolution. See you all next year! #Paris Arbitration Week #Hillbridges

We are delighted to share a remarkable milestone achieved by our client and his AirCar project! The granting of a license for production and sale of state-of-the-art certified flying cars in the Chinese market is a major win that will accelerate its commercial production and marks a ground-breaking step in the advancement of innovative mobility solutions. The Hillbridges team (Zoran Draskovic, Martin Cabak, and Barbora Hrabčáková/Malik) is proud to have played a role in advising on this deal.    Read the full press release here: https://lnkd.in/d8epyNwD

For the 15th year running, Chambers and Partners recognised HILLBRIDGES, highlighting three of our areas and four individuals in the Chambers Europe 2024 edition. Our sincere thanks to you, our clients, for all the great feedback you've shared. We promise to keep up the good work helping you succeed. Congratulations to all those recognized! Andrej Adamcik Zuzana Bartosovicova Zoran Draskovic Miroslav Trencan

Miroslav Trencan, Partner at Hillbridges shares insights on the dynamic landscape of mergers and acquisitions, private equity, and the energy sector. From financing challenges to regulatory shifts, geopolitical influences, and strategic decisions, he briefly unveils the key trends shaping the market. #MandA #PrivateEquity #EnergySector #SlovakiaBusiness