Regulatory

Each market imposes its specific regulatory requirements to the businesses operating within its territory. Over recent decades the regulatory framework in Bulgaria has been changing rapidly: first to reflect the transition to market economy, and subsequently to implement the level playing field of EU requirements.

Currently Bulgarian law is alligned with the law of the EU. This creates a dynamic interaction between uniform rules and rules which are aligned, embody the same principles, but are non-identical.

Businesses need to comply with versatile regulatory requirements in all areas of their operations. We are in a position to help our clients successfully navigate the regulatory hurdles and score well against their competitors because of our profound understanding of local law and practice combined with a knowledge of the EU framework.

Our expertise guarantees comprehensive and first-rate legal advice in all matters of the areas relevant to our clients, including: energy and natural resources, environmental, public procurement, employment and data protection, consumer protection, territorial development, etc.

We can handle a wide range of environmental law issues related to compliance, management and liability, environmental approvals and licences issued by the regulatory authorities; permit transfers; environmental impact assessments, etc.

We provide comprehensive legal services in the area of public procurement, including: providing legal advice to participants in the process of preparation of documentation for taking part in public procurement procedures, legal representation of participants with assignors of such procedures within the respective stages, appeal of public procurement assignor’s decisions with the Competition Protection Commission, appeal of decisions of the Commission with the Supreme Administrative Court, etc.

In an increasingly regulated environment, businesses need to manage their data, in order to manage their reputational and financial risks. We advise on all aspects of compliance with data privacy law.

Recent work:

Stopping the improper use of insolvency proceedings

A client of our dispute resolution team (led by Kamen Shoylev and Yordan Neshkov) was recently the subject of an indirect claim by a Bulgarian bank with which this client has been engaged in a multi-stage dispute. Unusually, the bank acted through a vehicle registered in an African state, which made an unfounded claim in the tens of millions of euros against our client and sought the commencement of judicial insolvency proceedings against this client. The offshore vehicle was chosen to isolate the bank from liability and create certain evidential difficulties for our client's representation.

NBLO succeeded in terminating the insolvency proceedings, with direct loss fully awarded to our client. A second claim to recover our client's indirect losses is currently under way.

Where targeted in this way through insolvency proceedings, a company may be prevented from trading properly (e.g., by suffering restrictions on its financing or being unable to participate in public procurement).

Through our considerable experience in insolvency litigation, both entirely domestic and where there are European and cross-border elements, we are ideally placed to assist clients in resisting such attacks and recovering the real and considerable losses that may be suffered.

© New Balkans Law Office 2017