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About the firm

At SCHWARZ advokáti we provide a wide range of legal services to foreign and local corporate as well as individual clients, particularly in the area of commercial law.

Long-standing experience in the international commercial practice and detailed knowledge of the local business environment are our main qualities.

We are transforming them into practical advice aligned with business interests of the client.

SCHWARZ advokáti is headed by Andrej Schwarz.

Services

Commercial and Corporate


Our firm provides complex corporate legal services including fully-fledged M&A transaction management and structuring of shareholders relationships on the basis of tailor-made shareholder agreements. Together with our partners we facilitate setting up of convenient tax structures including offshore corporate vehicles.

    Our experience covers in particular the following areas of corporate law:
  • corporate governance, joint-ventures, shareholders relationships
  • acquisitions, vertical & horizontal mergers, intra-group mergers
  • restructuring, bankruptcy and liquidation, distressed assets
  • management structures
  • organization of corporate meetings
  • corporate housekeeping
  • carried out due diligence reviews and advised in subsequent acquisitions / sales of various business entities (pharmaceuticals, agrochemicals, insurance, banking, manufacturing etc.)
  • advised a major automotive manufacturing client in corporate restructuring (merger) and subsequent HR reorganization
  • advised a world’s leading manufacturer of plastic processing machinery on a restructuring transaction resulting from the bankruptcy of the mother company
  • helped to establish an international construction consortium in a PPP project for construction of a Slovak highway
  • represented an Austrian-based client specialized in waste management in a complex shareholder dispute involving a joint-venture with its Slovak partner
  • successfully represented a minority shareholder in a case of a squeeze out from a major local industrial company before the Slovak Supreme Court
  • acquisition of major retail bank in Slovakia
  • acquisition of 2nd largest publisher of periodicals in Slovakia, acquisition of largest Slovak economic journal and post-closing integration into largest media house in Slovakia

Employment


Traditionally, the legal position of employees in Slovakia is rather strong and possibilities for an employer to dismiss an employee are rather limited. The strict labor law regulation makes the proper designing of employment structures and employment contracts essential for the smooth functioning of employment relations.

    We always keep in mind the particulars of the employment law when advising our clients, especially in the following areas:
  • employment contract law
  • management agreements
  • pension plans
  • personal restructuring
  • mass dismissals
  • labor union law
  • compliance & health safety
  • reallocation and temporary assignment of employees
  • advising on proper dismissal of employees
  • representation of employers as well as employees in employment lawsuits
  • advised a leading French corporation active in the energy sector on its pension plan system vis-à-vis its Slovak daughter company employees
  • helped one of the world’s largest independent chemical company with the reallocation of its employees from Slovakia to its Dutch entity
  • assisted an international automotive-parts manufacturer in the post-merger reorganization of the employment relationships including the setting up of two semi-independent operations
  • represented various entities in the employment-related lawsuits, most notably an international producer of medical devices in a complex lawsuit involving dismissal of a CEO of its local branch, as well as a world’s leading IT technology firm in a case of dismissal of its HR director.

Competition Law


Competition law plays a key role in business relations. Entrepreneurs need to consider competition law restrictions when intending to acquire other businesses or apply for the state aid or even when concluding distribution or agency agreements or agreements including any sort of restriction of competition (non-compete clauses, exclusivity).

    We have gained substantial experience in advising our clients on the whole range of competition issues, in particular:
  • merger notifications
  • distribution agreements
  • cartel agreements
  • misuse of dominant position
  • unfair competition
  • state aid
  • represented a major producer of laundry detergents in a horizontal cartel investigation case, which resulted in a settlement agreement with the Slovak Antimonopoly Office
  • notified a concentration concerning a major producer of automotive parts to the Slovak Antimonopoly Office
  • advised clients from automotive, home care detergents producer, and brewery on distribution agreements and vertical restrictions
  • represented an agrochemical producer in a litigation as a claimant involving the infringement of its trademark rights and damage compensation resulting from unfair competition
  • advised a leading international producer of savoury snacks on unfair competition issues and misuse of its trademarks
  • represented leading intermodal terminal operator in Slovakia on a complaint filed with the European Commission against the Slovak Republic for unlawful state aid
  • advised on merger clearance relating to acquisition of the 2nd largest publishing house, subsequently on merger of the most read economic journal
  • assisting on post-closing merger of several publishers, turning them into number one media house in Slovakia
  • filing of an action for annulment with European Court of Justice on behalf of Czech leading intermodal operator against European Commission for unlawful aid

Real Estate


In addition to the careful drafting of contractual arrangements and arbitration clauses, which help avoiding any disputes on the first place, we represent clients before courts or arbitral tribunals or support them in alternative dispute resolution proceedings (e.g. mediation).

    Our expertise covers:
  • green field, brown field projects
  • distressed assets restructuring
  • development of residential and commercial premises
  • lease agreements
  • operational lease-back transactions
  • construction, PPP projects
  • participated in an international project involving the sale and long-term lease-back of the real estate assets (hypermarkets) for an international retail chain
  • advised a German world’s top manufacturer of machinery for the processing of plastics and an international producer of automotive parts on green field investments and contractual structures of the operative leasing of the production facility; the case of the former company also included the restructuring of the transaction, once the mother company of the landlord filed for bankruptcy
  • complex legal support to a local developer for the acquisition of the land and its transformation to residential premises

Dispute Resolution


Investors in Slovak real estate should be aware of certain local legal specifics, most notably possible restitution claims, old environmental burdens or the principle of separation of the ownership of the land from the ownership of the building built on it. In addition, the third party ownership claims can represent a certain risk, even though the putative real estate owner is registered as the owner in the land register.

  • general court proceedings
  • arbitration
  • mediation
  • white collar crime
  • corporate and shareholders litigation
  • employment disputes
  • commercial disputes
  • damage compensation claims
  • intellectual property litigation
  • unfair competition litigation
  • administrative proceedings
  • administrative and tax law suits
  • represented an international software producer as a damaged party in criminal proceedings relating to copyright violation
  • represented a former CFO of a private equity fund in a criminal investigation led against him
  • advised in a significant and publicly known criminal case of bribery of foreign officials
  • represented a travel agency in a dispute with a local spa-resort stemming from the agency contract
  • represented an international corporation specialized in production of medical devices in a complex lawsuit relating to the dismissal of a former CEO of its Slovak branch
  • represented a Slovak bank in a cross-border dispute with its customer relating to a damage compensation claim
  • represented an agrochemical producer in a litigation involving the infringement of its trademark rights and unfair competition with a resulting client’s claim for damages
  • advised an international bidder consortium on the pre-arbitration assessment of the claim against the Slovak Republic
  • represented leading media house on numerous lawsuits of various individuals (politicians, judges, celebrities etc.) on libel and defamation cases
  • filing of an action for annulment with European Court of Justice on behalf of Czech leading intermodal operator against European Commission for unlawful aid.

Regulatory


The scope of public regulation is extremely broad. Proper understanding of the regulated industry is an essential success factor.

    We have assisted our clients in the following fields of industry:
  • pharmaceuticals & health care
  • chemical industry
  • automotive, safety of products
  • consumer protection and retail
  • financial services
  • energy
  • infrastructure & projects
    health care
  • advised a French-based pharmaceutical company on issues relating to the registration of drugs, advertising and unfair competition
  • advised a German-based client on regulatory aspects of the wholesale of medicaments and pricing regulations
  • advised leading CEE pharmacy retail chain on various regulatory issues relating to the drug prescription
  • consumer protection
  • advised an international retail chain on daily issues relating to the consumer protection
  • banking & finance
  • advised foreign banks on regulatory issues relating to the trading of financial derivatives with a Slovak counterpart
  • assisted numerous foreign banks on financial facilities and the securitization of debtors’ assets in Slovakia
  • advised a world’s leading payment card issuer on contractual arrangements with its customers
  • advised commercial banks in relation to in-depth analytical assessment of particular issues relating to prudential requirements on capital maintenance
  • energy law
  • advised on several photovoltaic projects at various development stages
  • advised on a major forensic due diligence investigation of three wind power projects
  • advised on contractual issues relating to long-term electricity supply directly from a powerplant
  • infrastructure
  • advised an international bidder consortium on a PPP project of highway construction in the Slovak Republic

Media Law, Privacy, GDPR, IP&IT


Online world is the future and we are helping our clients to make the future today.

    WIn helping them doing so, we help them among others with:
  • setting up of e-shops, loyalty programs and online transacting business
  • e-Privacy, use and administration of cookies
  • GDPR from execution of initial data protection audit, through setting up the documentary and IT processes, to representation and defending the clients vis-á-vis the supervisory authority
  • service level agreements and IT structuring, cloud solutions
  • lecturing and ad hoc consultation
  • representing leading publisher in numerous defamation cases filed by various individuals (politicians, celebrities, judges, entrepreneurs etc.)
  • representing various large enterprises from various industries (pharmacy, publishing, intermodal transport, production, university) on implementation a fully-fledged GDPR compliance project.

Team

andrej schwarz

JUDr. Ing. Andrej Schwarz LL.M.
attorney-at-law

Legal500 recommended lawyer 2018 for M&A and Dispute Resolution

Focus areas

  • corporate, M&A
  • commercial law
  • real estate
  • litigation

Professional background

  • 2008 - 2012 associated attorney at Wolf Theiss
  • 2003 - 2007 Černejová & Hrbek
  • Since 2008 founder of SCHWARZ advokáti s.r.o.
  • 2009 – 2016 External lecturer at Paneurópska vysoká škola, Bratislava
  • Since 2015 vice-chairman of Print-Digital Council of the Slovak Republic

Education

  • 2008 postgraduate master programme (LL.M.) University of Hamburg, Bologna University, University of Vienna
  • 2003 degree in economics (Ing.), University of Economics, Bratislava
  • 2002 doctor of laws (JUDr.), Faculty of Law, Trnava University, Trnava
  • 2002 master of laws (Mgr.), Faculty of Law, Comenius University, Bratislava
  • Publications

    • “Jednostranné započítanie pohľadávky zamestnávateľa voči mzdovým nárokom zamestnanca“ co-autorship, (Unilateral set-off of the employer’s claim against the salary of the employee) in Justičná revue 11/2010
    • “Renewable Electricity“ - International Financial Law Review September 2009
    • “Minority shareholders protection“ – International Financial Law Review / March 2009
    • Languages

      Slovak, English, German

      Contact

      schwarz@schwarzadvokati.sk
      tel: +421 905 845 859

References

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Contact

SCHWARZ advokáti s.r.o.

Offices

Polus Tower II, 17th floor
Vajnorská 100/B
831 04 Bratislava
MAP

Tel: +421 905 845 859
E-mail: info@schwarzadvokati.sk


Legal Notice

business name: SCHWARZ advokáti s.r.o.
registered office: Podbrezovská 40, 831 06 Bratislava, Slovakia

Corporate ID: 36 858 285
VAT ID: SK2022624296

IBAN: SK89 0200 0000 0024 6771 3556

registration: Okresný súd Bratislava I., oddiel Sro, vložka č. 52359/B →
managing director: JUDr. Ing. Andrej Schwarz LL.M.
bar registration: 5532 →