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CHSH Cerha Hempel Spiegelfeld Hlawati

PARKRING 2, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 51 43 50
Fax:
Fax +43 1 514 35 35
Email:
Web:
www.chsh.com

Dr Benedikt Spiegelfeld

Tel:
Work +43 1 514 35-111
Email:
Web:
www.chsh.com
CHSH Cerha Hempel Spiegelfeld Hlawati

Work Department

Corporate & Commercial

Position

Partner
Contact Person of LEX MUNDI - The Worlds Leading Association of Independent Law Firms
Areas of practice: Arbitration (over 70 cases as arbitrator or counsel), M&A, Corporate Law, Distribution and Franchising Law, Infrastructure

Career

Admitted 1979, (Attorney at Law), Austria
Positions:

  • Association Ronald McDonald Kinderhilfe Österreich (Supervisory Board Member)
  • WORTHINGTON Cylinders GmbH (Deputy Chairman of the Supervisory Board)
  • Hans und Margarethe Steger trust (Member of the Board)
  • Austrian – Japanese Society (Vice President)
  • ITI International Theological Institute (Member of the Board)

Benedikt is a partner at Cerha Hempel Spiegelfeld Hlawati since 1993 and has 40 years’ experience of advising international clients.

He is regularly acting as chairman, sole arbitrator and co-arbitrator in numerous arbitrations throughout Europe. As an arbitrator he is mainly active in ICC proceedings, ad-hoc arbitrations and arbitrations under the Vienna Rules. As counsel he has represented various Austrian and international clients in connection with commercial disputes.

Languages

German, English

Member

International Bar Association; Austrian Franchise Federation; European Franchise Lawyers Group (EFL); UNION Viennese Society of Attorneys at Law; Austrian Arbitration Association; ICC Austria; Managementclub Vienna

Education

University of Vienna (Dr. iur. 1974)


Austria

Dispute resolution: arbitration and mediation

Within: Dispute resolution: arbitration and mediation

Acting in energy and construction sector disputes is a central pillar of CHSH Cerha Hempel Spiegelfeld Hlawati's arbitration practice. Benedikt Spiegelfeld and Irene Welser are the main contacts and also act as arbitrators. Susanne Molitoris was appointed senior counsel in October 2017 and Bernhard Wychera made counsel in January 2018.

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Private client

Within: Private client

CHSH Cerha Hempel Spiegelfeld Hlawati’s activities in the private client field include wealth management, especially asset structuring in relation to succession planning, as well as corporate law. The firm also assists family-owned businesses, trusts and private foundations, for example as board members, with disputes and restructuring issues. Name partner Benedikt Spiegelfeld, Albert Birkner, Johannes Aehrenthal and Benjamin Twardosz manage the team together. The team is advising long-standing client Franz Pichler Privatstiftung and the family on corporate and investment matters.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda
  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda
  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

     
    - Dorda
  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda
  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda
  • Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

    On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.
    - Dorda