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Austria > Insolvency and corporate recovery

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  1. Insolvency and corporate recovery
  2. Other recommended firms
  3. Leading individuals

Leading individuals

Boutique firm Abel & Abel continues to act for receivers on large-scale insolvency matters. Norbert Abel in particular is recommended.

Brauneis Klauser Prändl Rechtsanwälte GmbH has experience in court enforcement for creditors and in achieving out-of-court settlements. It also represents multinationals facing economic difficulties and employees seeking to assert their rights. Alexander Klauser is recognised for international matters.

As well as being active in domestic restructuring matters, Graf & Pitkowitz advised a financial institution on the restructuring of a cross-border financing initially granted to an Austrian natural gas transporter, an international matter indicative of the firm’s reach and capabilities. The team is led by Alexander Isola, with support from three other partners.

Schoenherr has ‘excellent know-how in insolvency law’. It advised Royal Bank of Scotland and other institutions on the Austrian law aspects of the distressed debt of European Directories Group; and also worked with Austrian and German banks under the lead of Deutsche Bank in connection with the out-of-court restructuring of Leobersdorfer Maschinenfabrik (a manufacturer of compressor systems). Practice head Wolfgang Höller is noted for his communication and negotiation skills.

Schulyok Unger & Partner Rechtsanwälte OEG is a specialist insolvency practice, with a depth of experience acting as administrator both on the compensation and liquidation side. It has particular expertise in advising SMEs on appellate issues and debt relief matters. Peter Schulyok is recommended.

Binder Grösswang Rechtsanwälte is noted for its ‘high level of quality and professionalism’. In 2012 it assisted Österreichische Volksbanken in relation to its financial distress and subsequent part-nationalisation by the Austrian government. The firm was also active on a number of domestic and international restructuring matters. Gottfried Gassner and Thomas Schirmer head the team.

CHSH Cerha Hempel Spiegelfeld Hlawati provides a ‘very satisfactory’ and ‘very well-organised’ service, and is known for its representation of creditors. It advised mBlox as the second-largest creditor in an insolvency matter which involved civil and criminal components. It also assisted the US-French Algeco Scotsman Group on the reorganisation of its subsidiary based in Hungary and Slovenia. Its team of three partners includes Benedikt Spiegelfeld.

CMS’ 13-fee-earner insolvency team sits within its corporate department, and has ‘remarkable technical understanding’. It acts for creditors, debtors, investors and insurance companies. Armin Dallmann is the main contact.

Drawing on resources in its finance and corporate departments, DLA Piper Weiss-Tessbach’s areas of expertise included distressed real estate, debt and equity refinancing, reorganisation strategies, and rescue planning. Recent work includes advising an Austrian bank on its exposure to credit default swaps on Greek sovereign bonds. Oskar Winkler heads the restructuring group.

Dorda Brugger Jordis is advising Penta Investments in its bidding process to buy up parts of A-TEC Industries during the company’s restructuring programme. The team mainly represents banks, advising on the restructuring of loans, out-of-court settlements and enforcement proceedings. Andreas Zahradnik is ‘bright and responsive’.

Acting mainly for Austria’s major financial institutions, Fellner Wratzfeld & Partners impresses with its ‘high level of service’ and ‘outstanding response times’. It acted on the refinancing and restructuring of S&T AG, a publicly listed company providing IT services in the CEE region; and also advised Erste Bank in relation to the insolvency of A-TEC, the third-largest in the country’s history. Markus Fellner is highly recommended.

Freshfields Bruckhaus Deringer’s two-partner team acted for Kommunalkredit Austria on its nationalisation and state aid proceedings with the European Commission, and also assisted a group of banks on the restructuring of a €700m facility for AE&E, involving a raft of banks from both Austria and Germany. Friedrich Jergitsch is recommended.

Held Berdnik Astner & Partner, Rechtsanwälte is highly rated by peers, and has six insolvency lawyers working across its offices in Vienna, Graz and Klagenfurt. Bernhard Astner is a well-known figure.

Kosch & Partner is a small firm with a wide-ranging practice. In insolvency matters, it is known for its work for debtors and in compensation proceedings. The five-partner team includes the highly experienced Jörg Beirer.

Preslmayr Attorneys at Law’s insolvency work is covered by Florian Gehmacher, Matthias Schmidt and Christian Podoschek. It advises a range of medium-to-large businesses in the banking sector.

Wolf Theiss advised a group of Austrian banks (led by Erste Bank) on the restructuring of the debt of environmental technology company SW Umwelttechnik, valued at €80m. It also assisted Erste on the restructuring of a project finance facility for a sports stadium in Split, which involved the Croatian government and is indicative of the firm’s CEE capabilities. The team has grown in recent years and now comprises 15 fee-earners, notably Eva Spiegel and Christian Hoenig.

Benn-Ibler Rechtsanwälte GmbH is a boutique firm handling corporate finance matters, restructurings and related litigation. Stefan Eder has international experience and specialises in capital reorganisation.

Eisenberger & Herzogdelivers excellent work’ on the insolvency side, and in the past year handled high-profile matters ranging in value from €20m to €220m. Marcus Benes is noted for his experience in ‘restructuring situations of non-performing loans’.

Hasch & Partner Anwaltsgesellschaft mbH acts on creditor claims and in negotiations with banks. Alexander Hasch handles company reorganisations.

Siemer-Siegl-Füreder & Partner, Rechtsanwälte handles restructuring work within its corporate department. It is currently acting on the planned restructuring of an equipment distributor.

Press releases

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Reselling Used Apps?

    In a recent decision, the Court of Justice of the European Union (CJEU) held that the resale of used software generally cannot be excluded in licence terms. The judgment, which aimed at the resale of used business software, may also affect the app market. Read more...
  • Austria: New Law Makes Establishing a GmbH Easier and Cheaper

    On Friday, 22 March 2013, a draft new law (Gesellschaftsrechts-Änderungsgesetz 2013 - GesRÄG 2013) was revealed by Minister of Justice Beatrix Karl and Minister of Economy Reinhold Mitterlehner. The GesRÄG 2013, which is expected to come into force on 1 July 2013, aims at facilitating the establishment of an Austrian limited liability company (Gesellschaft mit beschränkter Haftung - GmbH). This article provides a summary of the draft. 
  • Mergers & Acquisitions 2013. Chapter 6: Austria.

    This guide provides corporate counsel and international practitioners with a comprehensive worldwide legal analysis of the laws and regulations of mergers and acquisitions. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Mergers & Acquisitions; published by Global Legal Group Ltd, London. www.iclg.co.uk .
  • EU: Genuine Use of Community Trademarks Changes due to recent CJEU decision C-149/11

    EU-wide protected Community Trademarks (as well as national trademarks) have to be used for the claimed goods and services in the course of trade within the EU in order to maintain their protection and enforceability. A (partial) lack of use, however, does not automatically result in a (partial) lapse of the trademark registration. On the other hand, after an initial “grace period” of 5 years beginning with the registration of the trademark, genuine use of the trademark would have to be proven when enforcing such trademark against third parties; furthermore, anybody could request revocation of such trademark in so far as it had not been genuinely used for goods and services covered by the registration (Art 15, 51(1)(a) CTMR).
  • Real Estate 2013. Chapter 4: Austria

    This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk .
  • Real Estate 2013. The End of Extend and Pretend: Non-Performing Loans in CEE/SEE

    This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk . 
  • Client Alert: Amendments to Austrian Competition Law

    In December 2012, the Austrian Parliament adopted changes to the Austrian Cartel Act as well as the Austrian Competition Act that will enter into force as of 1 March 2013 (Austrian Cartel and Competition Law Amendment Act; KaWeRÄG 2012). Although the Amendment does not lead to a major overhaul of the current system, several changes are noteworthy: 
  • EU: European Commission releases Action Plan on European Company Law and Corporate Governance

    The Action Plan is titled "European company law and corporate governance – a modern legal framework for more engaged shareholders and sustainable companies" and was made public on 12 December 2012. Its key elements are presented in the following summary.
  • Austria: New laws on Hiring-Out of Labour

    Based on directive 2008/104/EC, Austria's hiring-out of labour laws have been amended (BGBl 98/2012). According to the directive, the implementation into national law should already have taken place by 5 December 2011. After a first failed attempt in February 2012 to implement the directive effective 1 July 2012, the implementation has now taken place belatedly, effective 1 January 2013. Furthermore, the new laws on the hiring-out of labour not only implemented the directive, but also stipulated further regulations for temporary work. This text provides an overview of the most important amendments in the new laws.
  • CEE: The Corruption Perception Index 2012

    Transparency International ("TI") released its Corruption Perception Index 2012 ("CPI 2012") earlier today. The Corruption Perception Index ranks countries based on how corrupt their public sector is perceived to be. The index, which reflects the views of observers from around the world, offers a yearly snapshot of the problem of corruption by ranking countries from all over the globe. The index covers issues such as free access to information, bribery of public officials, kickbacks in public procurement, and the enforcement of anti-corruption laws. The CPI 2012which is available at: http://cpi.transparency.org/cpi2012/results/ ranks 176 countries.

Press Releases in Austria

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to
  • Austria/CEE: Schoenherr further expands its strong standing in new Chambers Global rankings

    Schoenherr's standing as a leading corporate law firm in Central and Europe Europe (CEE) has once again been confirmed by the rankings that Chambers & Partners, the distinguished legal directories publisher, released at the end of last week. Schoenherr practice areas in Austria and across CEE received a total of 17 rankings in the 2013 edition of Chambers Global, including seven top tier ("Band 1") rankings. Read more...
  • Austria: Schoenherr advises NOVOMATIC on acquisition of majority stake in I-NEW

    Schoenherr, a leading corporate law firm in Central and Eastern Europe, advised NOVOMATIC AG, one of the world's largest producers and operators of gaming technologies, in connection with its investment in I-NEW Unified Mobile Solutions AG. Following the 19 April 2013 signing, NOVOMATIC's acquisition of a 50.097 percent stake in I-NEW is expected to close in around two months. The parties agreed to keep the financial terms of the transaction confidential. Read more...
  • Schoenherr further expands its strong standing in new Chambers Global rankings

    Schoenherr's standing as a leading corporate law firm in Central and Europe Europe (CEE) has once again been confirmed by the rankings that Chambers & Partners, the distinguished legal directories publisher, released at the end of last week. Schoenherr practice areas in Austria and across CEE received a total of 17 rankings in the 2013 edition of Chambers Global, including seven top tier ("Band 1") rankings.
  • Austria/Turkey: Schoenherr advises Ganahl group on its Turkey expansion

    Schoenherr advised Austrian packaging group Ganahl AG on the acquisition of MKB Oluklu Mukavva Kutu ve Ambalaj San. Tic. A.S. ("MKB"). MKB is active in the corrugated packaging industry in Turkey, a sector which is currently attracting a lot of foreign investors. The transaction has been completed in February this year. The parties agreed to keep the purchase price confidential.
  • AT: Schoenherr publishes second edition of English-language basic primer on Austrian employment

    The need for English-language specialist literature on legal issues in Austria has risen with the increasing internationalisation of firms active in the country. Now available in a revised second edition, "Employment Law: A Basic Primer" provides interested practitioners with an overview of the most important provisions of Austrian employment law.
  • AT/CEE: Schoenherr advises bauMax creditors on financial restructuring package

    Schoenherr, a leading full-service corporate law firm in Central Europe, advised a group of some 40 Austrian and international creditors (lenders, bondholders and hedge counterparties) on the negotiation and execution of a comprehensive financial restructuring package for bauMax group, a leading DIY retailer in Austria and the CEE region.
  • AT: Schoenherr advises Austrian pharmaceutical wholesaler Jacoby...

    on its merger with gm pharmaSc
  • AT/Central Europe: Schoenherr maintains its top position in the Austrian M&A market in 2012

    Schoenherr, a leading full-service corporate law firm in Central Europe, maintained its top position in the Austrian M&A market in 2012, according to the league tables for legal advisors * published by the Financial Times Group's business intelligence subsidiary mergermarket. According to mergermarket's deals database, Schoenherr's M&A practice ranked No 1 in terms of the number of qualifying Austrian M&A transactions it advised on in 2012. Having ranked first on this basis in mergermarket's 2011 league table for Austria, Schoenherr thus continued to lead its legal advisory peers, 48 of which managed to earn a ranking in the 2012 table.
  • AT: Schoenherr advises France Telecom in sale of Orange Austria to Hutchison

    Schoenherr, a leading full-service corporate law firm in Central Europe, advised France Telecom-Orange as overall transaction counsel in the telecom company’s recently completed sale of its shareholding in Orange Austria to a unit of Hutchison Whampoa.
  • Schoenherr advises Daimler on the reorganization of its joint-venture with Pappas

    The Central European law firm Schoenherr advised Daimler AG on the reorganization of its joint-venture with the Austrian Pappas family. Daimler will acquire Pappas' share in Mercedes-Benz Österreich Vertriebsgesellschaft mbH (the general importer of Mercedes-Benz, smart and Fuso cars) and Mercedes-Benz Financial Services Austria GmbH, the Aus-trian financial services provider. Further, Daimler and Pappas will restructure the Austrian spare parts wholesale business from 1 January 2014; Daimler will provide spare parts from its logistics center in Nuremberg, Germany. Completion of the transaction is subject to merger control clearances. The purchase price is confidential.