EUROPEAN LAW (EU LAW)
The EU is at the origin of an ever-increasing amount of complex regulation. EU laws are constantly evolving and must be implemented and enforced by European and national administrations, often raising challenging legal questions.
Lawyers at Bucik Law Firm have developed a broad EU law expertise. We have a detailed understanding of the case law and procedures of the Luxembourg Courts, as well as the domestic application of European law.
We advise and represent all parties, both in the public and private sectors, in both domestic proceedings and proceedings before the Court of Justice of the European Union.
Specific areas of expertise include:
- Agriculture, Fisheries and Food
- Banking and Financial Law, Capital Markets
- Commercial Law
- Company Law
- Competition Law
- Criminal Law
- Custom Duties
- Employment including Discrimination
- EU Fundamental Rights and the European Charter of Human Rights
- Family, Matrimonial and Children
- Free Movement (Goods, Persons, Capital, Services and Rights of Establishment)
- Intellectual Property
- Jurisdiction and Judgments
- Mergers and Acquisitions (M&A)
- Public Procurement
- Remedies under EU Law
- State Liability
- State Aid
The EU law practice is led by Franc Bucik, a lawyer who has a vast range of experience across a number of specialist disciplines. He also completed master's study of European Law at the Donau-Universität Krems, Austria with the thesis Takeovers in the EU - The Directive on Takeover Bids and its Implementation in Austria and Germany.
Our EU law experience includes:
- Advising and representing a German entrepreneur on setting up a construction company in Slovenia and conducting his construction business in Slovenia and Germany. The advice includes construction, corporate, commercial, employment, EU and immigration law, as well as finance and tax law issues.
- Defending a Slovenian trading company in a defective product dispute before German courts. The plaintiff (buyer) asserted claims for withdrawal from the purchase contract, repayment of the purchase price and payment of damages; German and EU law applied.
- Advising and representing German heirs of a German citizen with habitual residence in Germany, where the deceased's partner, a Slovenian citizen, claimed inheritance rights under Slovenian law. The estate was located in Germany, Switzerland and Slovenia. The European Union and German inheritance law applied.
- Representing an Italian transport company in a lawsuit in Germany against a German forwarding company regarding freight claims; the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the Rome I Regulation (EC) applied.
- Advising and representing a German citizen, a daughter and heir of a Slovenian citizen, in inheritance proceedings in Slovenia and Germany. The testator's last habitual residence was in Germany, the assets were located in Slovenia and Germany. Slovenian, German and EU inheritance law applied.
- Advising a German citizen residing in Germany in divorce proceedings against her husband, a Slovenian citizen residing in Slovenia, and representing her in court in Slovenia. EU law and Slovenian law applied.
- Advising a Slovenian company, the leading producer of cardboard packaging in Slovenia, on corporate and tax issues regarding its commercial representation in Germany, as well as employment, residential and tax status of its commercial representative in Germany, a Slovenian citizen. The advice included Slovenian, German and EU law components.
- Advising Italian entrepreneurs on establishing a luxury car rental company in Slovenia and its subsidiary in Italy, taking advantage of European freedom of services. This involved drafting the company's constitution, representation in shareholders' meetings, registration, drafting employment contracts, transport law, commercial law and tax advice.
- Advising a Slovenian construction company on the Vander Elst Visa for Germany - Visa for Non- EU nationals posted to Germany by their company on a short-term assignment (Judgment of the European Court of Justice concerning free movement of services).
- Advising a German manufacturer of medical devices on EU and Slovenian medical devices regulation in connection with distribution of its products in Slovenia.
- Defending a Romanian transport company against compensation claims of an Austrian transport and logistic company in litigation before a Slovenian court. Co-defendants are several insurance companies. The claims arose from a traffic accident in Slovenia involving multiple vehicles from various European countries.
- Advising an Italian trading company on an exclusive distribution agreement for Europe with a Chinese manufacturer.
- Defending an Italian company group in a complex intellectual property and competition case against several European car manufacturers, claiming infringement of trademark and design rights by products imported from China, including representation in proceedings before the European customs authorities and in litigation before the courts in Slovenia.
- Representing an Austrian citizen residing in Germany in divorce and property settlement proceedings against his wife, a Slovenian citizen residing in Slovenia. The parties to the dispute were last habitually resident in Germany, the proceedings took place in Slovenian courts. EU law, Slovenian family law, Slovenian international private law and German matrimonial property law applied.
- Representing a Swiss trading company in litigation before Slovenian courts related to an international transport issue, including maritime transport.
- Representing a Slovenian international trading company in a tax dispute before the tax authorities and courts in Slovenia with regard to the European Union value added tax (EU VAT) issues.
- Acting for the depositors of the Slovenian bank Ljubljanska banka. In the case of Ljubljanska banka, one of the largest in the region, over 300.000 bank depositors claimed the recovery of their "old currency savings", the total amount of the claims exceeded 500 million euros. The case, ruled also by the European Court of Human Rights (ECHR), related not only to bank restructuring and insolvency, bank liability, depositors protection and human rights but also to the succession of the former Yugoslavia, the liability of the Republic of Slovenia and the sovereign debt of the Republic of Slovenia.
- Representing a Slovenian state agency in a dispute arising from a contract for providing IT and communication services; the project was partly funded by the European Union.
- Representing an international pharmaceutical group in a complex, multi-jurisdictional litigation case, including in interim injunction proceedings, in relation to infringements of group's intellectual property rights and compensation claims before Slovenian courts.