In the era of increased environmental awareness, the spotlight on green claims has never been more intense. As consumers are concerned about global heating and ecological sustainability, they are scrutinizing products like never before, seeking eco-friendly options that align with their values. In response, businesses have responded to this concern and consumers’ purchase interest, with brand-owners increasingly highlighting the benign or even beneficial effects their products and services have on the environment fostering a surge in green marketing initiatives. Yet, amidst this push for sustainability, the risk of being accused of greenwashing is omnipresent. As environmental characteristics of products and services are highly technical and the understanding of the various concepts involved is continuously changing, en­vir­on­ment­al/sus­tain­ab­il­ity claims raise a significant risk of confusing and misleading consumers. Many companies have fallen foul of advertising standards in this area recently. Given the high sensitivity of environmental claims and the reputational damage that can result from allegations of greenwashing, it is particularly important to make sure environmental claims are compliant. By ensuring truthful, accurate and unambiguous information is always given to the consumers, companies can avoid the risks and build a reputation for authenticity in their sustainability advertising and communications. CMS guides companies through the maze of regulations and case law and advise on the steps a company can take to ensure their advertising is not only compliant but also authentic and impactful. The priority questions we address are: Which green claims are likely to raise litigation or regulatory enforcement risks?What can businesses do to mitigate these risks?What are the likely claims/en­force­ment that could arise?Who is likely to make a claim?What are the risks in the event of a violation or a complaint? What future regulatory measures are expected and what companies have to do now to be prepared? We offer various solutions to help you be compliant and avoid accusations of greenwashing: Sustainability claim checks including regulatory risk matrix as well as litigation: evaluating the planned claims and mapping their risk as well as developing compliant marketing strategies and claims custom-tailored to your business's unique pro­file;Sus­tain­ab­il­ity-re­lated litigation: providing comprehensive support in legal disputes in the area of advertising with environmental claims;Training sessions: to empower your legal, compliance and sustainability as well as advertising teams with in-depth knowledge of sustainability risks and mitigation strategies; andBoard packs: to equip your directors/board members with actionable insights into greenwashing risks, ensuring they steer the company toward sustainable strategies with confidence and integrity.  For an initial conversation on how we can support you on greenwashing risk, please reach out to the lawyers listed on this page or to your usual CMS contact.

Welcome to our winter 2023 edition of the International Disputes Digest, analysing current trends in dispute resolution around the world with insights into, and potential solutions for, the challenges facing global business. With unrest and uncertainty reigning in both Europe and the Middle East, never has the guidance in this digest been more applicable. In Europe, the war in Ukraine is now in its second year. Apart from the incalculable human cost, this conflict continues to impact energy prices, supply chains, political stability, and isolates the Russian Federation from the international business community. The war in Israel is equally tragic in terms of human suffering with an impact that is reverberating internationally. As for the pandemic, COVID-19 restrictions are largely over with no indication that they will return in the near future. The COVID-19 virus, however, remains a threat – although arguably a less lethal one – and a public-health concern that is likely to remain indefinitely. The articles in this digest consider strategies to mitigate the impact of those challenges and others that may be affecting your business. We hope you enjoy reading it and wish you a peaceful festive break, with best wishes for 2024. 

Arbitration is becoming increasingly popular as a way of resolving commercial disputes. However, arbitration is still most common in agreements governing international business relations, where there...

Serbia

1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general. The digitalisation of the Serbian civil justice system has been a slow process and only a small portion...

8 February 2023Our senior dispute resolution expert at CMS Belgrade and CMS Podgorica, Nenad Kovačević, has been promoted to Partner. Nenad Kovačević has been a valuable member of CMS team since 2013. Following his studies and several distinguished traineeship programs with UN and EU institutions in Germany, the Netherlands and Belgium, he joined CMS and has since advised many international clients operating in various industries, guiding them through complex court and out-of-court proceedings to reach the most efficient resolution of their disputes. Nenad assists domestic and foreign clients and represents them in civil litigation, enforcement and criminal proceedings, bankruptcy proceedings, labour-related dispute proceedings, out-of-court disputes, as well as arbitration proceedings. He has extensive experience in complex litigation and arbitration proceedings in both Serbia and Montenegro, as well as in international commercial arbitration cases.  Not only is Nenad a skilled litigator and arbitrator, but he also has an admirable track record as a compliance specialist, assisting multinational companies mitigate risk through effective compliance programmes, anti-bribery and anti-corruption efforts and anti-money laundering activ­it­ies. Nen­ad’s colleague and mentor, Nedeljko Velisavljević, CEE Partner and Head of Dispute Resolution at CMS Belgrade and CMS Podgorica, says: “Nenad has been a hard-working, devoted and committed member of our dispute resolution team for years. His promotion is a great achievement and will serve to drive further the growth of our team and the entire firm.“  “Nen­ad’s expertise and dedication to his clients have made him a trusted advisor and we are proud to have him on board as a Partner”, says Radivoje Petrikić, Managing Partner at CMS Belgrade and CMS Podgorica. “His promotion is a testament to his hard work as a team member and commitment to providing the highest quality legal services to cli­ents.” Con­grat­u­la­tions to Nenad on his new role and continued success at CMS!

1. What is the primary legislation governing insolvency and restructuring proceedings in your jurisdiction? The primary piece of legislation governing insolvency in Serbia is the Serbian Insolvency Act...

See the Overview of the Representative Actions Directive >> 1. Do you have a specific procedure or procedures for bringing “opt-in” class actions?  If so, please outline such procedure(s) and...

1. APPLICABLE LAW 1.1.1 The provisions of the Enforcement and Security Code (ESC) relating to security measures, which include interim measures, represent a general set of rules supplemented by the provisions...