The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Cerha Hempel

Work +43 1 51 43 50
Fax +43 1 514 35 35

The firm: CHSH is one of Austria’s leading corporate law firms with an integrated Central and Eastern European practice and can trace its history back to the 1920s. With over 200 lawyers, CHSH offers clients experience and expertise in all areas of corporate and commercial law, both in Austria and Central and Eastern Europe. In addition to its main office in Vienna, the firm also has offices in Bratislava, Bucharest, Budapest, Minsk, Prague, Sofia and Timisoara. CHSH knows the legal characteristics of these countries inside out and has in-depth knowledge of local markets.

CHSH has a long and very successful track record. For decades the firm has been advising clients in cases that demand particular expertise, creativity and innovation. This is not only guaranteed by wide-ranging specialist knowledge, motivation and commitment, but also by an excellent understanding of its clients’ businesses. Over the past 25 years, CHSH has been involved in most of the top transactions in Austria. This is what really distinguishes CHSH as one of the leading law firms in the fields of mergers and acquisitions, IPOs, takeovers, privatisations, financing, and real estate and construction. CHSH also enjoys an enviable reputation for handling large-scale commercial litigation and arbitration.

As CHSH understands its clients’ businesses, it helps the firm achieve an extremely high rate of success. The know-how, coupled with many years’ experience in Central and Eastern Europe, guarantees its clients cross-border advice of the very highest quality.

Areas of practice: Mergers, acquisitions and corporate: the focus at CHSH is not only on classic M&A, but also on private equity and venture capital transactions. CHSH specialises in developing and providing practical solutions to what can be extremely complex issues that often involve cross-border components. Due to the diversity of its clients, CHSH is particularly experienced in advising on public M&A, including takeover law and related disclosure requirements under stock exchange law.

Banking and finance: CHSH supports businesses in their borrowing and investment decisions, as well as in the context of financial and liquidity planning and treasury operations. CHSH advises both borrowers and lenders alike. CHSH is one of Austria’s most renowned law firms in the regulatory sector and advises international banks on regulatory issues and with respect to the selling and trading of securities in Austria.

Capital markets: CHSH is one of the leading law firms specialising in capital markets. Over the past 25 years, the firm has handled the largest capital market transactions in Austria and has set the standards in this field. The firm covers all aspects of IPOs, capital increases and bond issuances, advising potential issuers and consortium banks acting as underwriters for transactions on a wide range of due diligence matters as well as preparing prospectuses in accordance with relevant international standards and drafting corporate documentation for capital transactions.

Real estate and construction: the real estate and construction department at CHSH has considerable success in advising national and international companies in complex Austrian and cross-border real estate transactions and construction projects. The firm advises its clients through every stage of a project, from project development, drafting financing agreements, preparing planning and construction agreements to residential and commercial leases. The core areas of expertise include handling landlord and tenant disputes and construction litigation, as well as assisting with claim management.

Litigation and arbitration: whether it concerns construction disputes, unfair competition, contractual interpretation, insurance law, warranty issues, or damages in contract or tort, CHSH covers the entire spectrum of corporate and commercial law and has a fantastic success rate in contentious matters and proceedings. Arbitration is also part of the firm’s tradition. CHSH knows the ins and outs of international arbitration, as well as the advantages and pitfalls of the various institutional rules and members of the firm frequently act as arbitrators, chairpersons and counsel.

  • Contacts

  • Albert Birkner (managing partner)

  • Clemens Hasenauer (managing partner)

  • Other offices

  • Bratislava

  • Bucharest

  • Budapest

  • Minsk

  • Prague

  • Sofia

  • Timisoara

  • Number of lawyers: 200
  • at this office: 100
  • Languages
  • English
  • French
  • German
  • Spanish
  • Danish
  • Hungarian
  • Italian
  • Russian
  • Croatian
  • Romanian
  • Slovak
  • Bulgarian
  • Member
  • Lex Mundi
  • The World's Leading Association of Independent Law Firms

Above material supplied by Cerha Hempel.

Legal Developments in Austria

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

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda

    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

    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

    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