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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

Austria

Administrative law and public sector
Administrative law and public sector - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati regularly handles contentious and non-contentious environmental, hospital and higher education law work. Stefan Huber, who co-heads the team with the ‘knowledgeableHans Kristoferitsch, represented WIFI before the Federal Administrative Court against the Agency for Quality Assurance and Accreditation Austria in a dispute concerning multi-jurisdictional cooperation agreements involving universities.

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Banking and finance
Banking and finance - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s ‘responsive, solution-oriented’ team is best known for its expertise in financing transactions, real estate financing, regulatory and bank contractual work. Edith Hlawati heads the practice, which advised AT & S Austria Technologie & Systemtechnik on a €220m promissory note loan and assisted Sberbank Europe with the lending of commercial finance facilities to borrowers.

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Capital markets
Capital markets - ranked: tier 1

CHSH Cerha Hempel Spiegelfeld Hlawati

The ‘experienced and commercially minded’ team at CHSH Cerha Hempel Spiegelfeld Hlawatialways delivers on time’ and focuses on capital markets transactions while also having experience in stock exchange delistings, as well as conventional and convertible bonds. Edith Hlawati heads the practice, which advised Immofinanz on the incentivised conversion of exchangeable bonds into Buwog shares.

Leading individuals

Edith Hlawati - CHSH Cerha Hempel Spiegelfeld Hlawati

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s ‘commercially minded’ team gives ‘high-quality advice’ on cross-border M&A, other transactions and reorganisations. The ‘very responsiveClemens Hasenauer led advice to OMV on the sale of a 49% stake in Gas Connect Austria to a consortium formed by Allianz Group and Snam. Albert Birkner assisted Immofinanz with its acquisition of a 26% stake in CA Immobilien Anlagen from O1, a private equity and venture capital firm. Hasenauer and Benedikt Spiegelfeld are the practice co-heads.

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Construction
Construction - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

Peter Vcelouch heads the team at CHSH Cerha Hempel Spiegelfeld Hlawati, which advised Lidl and SES Spar European Shopping Centers on construction and planning matters. Other clients include Vienna International Airport and Immovate.

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EU and competition
EU and competition - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

Contentious and non-contentious merger control work constitutes a key element of CHSH Cerha Hempel Spiegelfeld Hlawati’s ‘pragmatic’ team, which also handles cartel investigations, state aid and other competition law matters. Practice head Bernhard Kofler-Senoner, who ‘always goes the extra mile’ and is ‘great to work with’, represented Austria Asphalt in a merger control proceeding before the European Court of Justice.

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Employment
Employment - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

Julian Feichtinger heads the ‘pragmatic’ team at CHSH Cerha Hempel Spiegelfeld Hlawati, which has substantial experience of negotiating collective bargaining agreements for clients such as Asfinag and Unibail-Rodamco Austria Management. Other areas of expertise include contentious, restructuring and contractual work.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s creditor-oriented practice often acts in insolvency proceedings and pre-insolvency debt collection matters. Other areas of particular strength include financial restructuring and distressed M&A. Thomas Trettnak’s team advised Alpiq InTec as a major creditor in Alpine Bau’s insolvency.

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Intellectual property
Intellectual property - ranked: tier 5

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s team is led by Mark Krenn, who is an experienced trade mark litigator. Non-contentious work includes patent licensing agreements and trade mark portfolio management. The practice advised Central European Gas Hub on trade mark registration and infringement matters.

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Projects and energy
Projects and energy - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati focuses on advising investors and energy companies on regulatory, finance and corporate matters but also deals with infrastructure, such as toll road equipment and systems. Clients also include Heritage Oil & Gas. Thomas Trettnak and Georg Konrad are key figures in the team.

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Public procurement
Public procurement - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati frequently advises contracting authorities in the public and utilities sectors on tender procedures and represents its clients in litigation and internal investigations. Irene Welser is the key figure.

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Real estate
Real estate - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati excels at advising international funds on real estate deals. Peter Vcelouch heads the ‘very knowledgeable’ team, which advised KGAL on the acquisition of several retail parks in Austria.

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TMT
TMT - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati has a core focus on IT matters and regularly advises on e-commerce and data protection. ‘Quick and pragmatic’ practice head Hans Kristoferitsch assisted Samsung with IT and data protection aspects of the launch of new software.

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Tax
Tax - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati advises on tax optimisation of business structures, deals and financial instruments. Johannes Prinz recently assisted Datagroup with tax planning and compliance. Clemens Hasenauer heads the practice.

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Austria: Dispute resolution

Arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati is particularly well regarded for its strength in construction and post-merger disputes. Benedikt Spiegelfeld represented Shangri-La International Hotel Management in arbitration proceedings pertaining to the delayed completion of a hotel in Vienna. Irene Welser heads the practice.

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Commercial litigation
Dispute resolution: commercial litigation - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawatialways provides a clear strategy’ and is particularly active in infrastructure, construction and post-M&A disputes, as well as high-value inheritance cases. The ‘outstanding’ Irene Welser heads the team, which represents several government-related entities, including Asfinag and Vienna International Airport, insurance companies and private clients.

Leading individuals

Irene Welser - CHSH Cerha Hempel Spiegelfeld Hlawati

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White-collar crime (including fraud)
Dispute resolution: white-collar crime (including fraud) - ranked: tier 1

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati is ‘very experienced’ in representing individuals and companies in investigative proceedings while also handling compliance matters and leniency applications. Practice co-heads Peter Lewisch and Hans Kristoferitsch acted for Wiener Stadtwerke and its subsidiary Wien Energie in an internal investigation of fraud and corruption allegations.

Leading individuals

Peter Lewisch - CHSH Cerha Hempel Spiegelfeld Hlawati

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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
  • 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
  • European Court of Human Rights: Employers have limited rights to monitor employee communications at

    A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media , in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.
  • Potential Hurdle for Acquisitions in Hungary by Non-EU and Non-EEA Investors

    The Hungarian Ministry of the Interior recently submitted a legislative proposal to the Hungarian Government to amend the Act on Hungarian National Security Services (the " Proposal "). The Proposal suggests an amendment pursuant to which investors from non-EU and non-EEA countries who wish to invest in Hungary would have to obtain prior permission from the minister responsible for national security (the " Minister .
  • EU: High-Level Expert Group on Sustainable Finance delivers early recommendations

    On 13 July 2017, the High-Level Expert Group (" HLEG ") on Sustainable Finance published its interim report (" Interim Report ") setting out concrete steps to create a financial system that supports sustainable investments. This Legal Insight is part of our dedicated newsletter series on the European Capital Markets Union (" CMU "). Background The growing awareness of environmental challenges and sustainability risks as well as the adoption of the UN 2030 Agenda and the conclusion of the Paris Climate Agreement by the EU in 2015 call for an EU strategy on sustainable finance. Establishing an EU strategy on sustainable finance is a priority action of the CMU. In December 2016, the HLEG was established to advise on the development of such an EU strategy . The recently published HLEG Interim Report was recently presented in a public hearing on sustainable finance on 18 July 2017. At the same time, the HLEG presented an online questionnaire on the Interim Report aimed at obtaining targeted feedback until 20 September 2017, which would be reflected in the final report of the HLEG scheduled for publication by the end of 2017.
  • Serbian Competition Authority Steps Up Antritrust Enforcement

    The Serbian Commission for Protection of Competition (the " Commissio n") recently intensified its antitrust activities before the new Administrative Act came into effect. In one week alone the Commission initiated four antitrust cases and conducted two dawn raids. 1. What/who will be on the Commission's radar?
  • First Annual Privacy Shield Review to take place in September 2017

    One of the core principles of the EU-US Privacy Shield (" Privacy Shield ") is its Joint Review mechanism, which obliges the European Commission, the US Department of Commerce and the Federal Trade Commission to jointly review the functioning of the Privacy Shield on an annual basis, together with its national security and law enforcement aspects. The very first Joint Review is scheduled for September 2017. This first review is considered especially important, as it will be the first opportunity for US and EU regulators to closely analyse the operation of the Privacy Shield, address possible concerns about its functioning, and seek to ensure that the Privacy Shield continues to be a valid legal basis for transfers of personal data from the EU to the US.
  • The role of the supervisory board in investor relations

    1.Abstract
    - Dorda
  • Constitutional Court's Recent Judgments on Rent in Austria

    The Constitutional Court has recently provided two judgments on 28 June 2017 on the rent control legislation in Austria ruling that the current system for flats complies with Austrian Constitutional Law and the European Convention on Human Rights. The Constitutional Court visibly failed to take the opportunity to initiate a change to the current legislation. Further appeals to the Constitutional Court are likely and worthwhile with the Austrian parties currently involved in their campaigns for the general election in October 2017.
    - Dorda
  • Buy-to-Let Schemes in Austria

    Buy-to-let schemes reached the Austrian market several years ago and have gained increased popularity in the scenic alpine regions of Tyrol, Vorarlberg or Salzburg. Investors acquire condominium ownership in newly constructed hotel facilities and rent out the properties to hotel operators at – ideally – attractive rates. While buy-to-let-schemes can be very lucrative investments, they also raise complex legal and tax questions. With the economic and financial crisis falling into oblivion, investors, however, have become more and more willing to sail these waters.
    - Dorda
  • Hungary: Are Interim Measures Hard to Enforce?

    The Hungarian Parliament recently passed new legislation on arbitration ( Act LX of 2017 on Arbitration , the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018.