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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

The ‘very competent’ team at CHSH Cerha Hempel Spiegelfeld Hlawatiprovides on-the-point advice’ on environmental, planning and state aid law, while also assisting with a wide range of regulated industry matters. Stefan Huber, who co-heads the team with the recommended Hans Kristoferitsch, assisted the Institute of Science and Technology with state aid and research funding law. In other work, the team advised Philip Morris Austria on tobacco regulation issues including advertising and labelling.

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Banking and finance
Banking and finance - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati represents lenders and borrowers in financing transactions and is experienced in regulatory and compliance work. Volker Glas continues to advise Sberbank Europe on various financing matters, including a guarantee facility agreement and a loan portfolio transfer from Sberbank Hungary to Sberbank Europe, while Thomas Zivny advised Erste Group Bank on matters arising from the refinancing of Immofinanz’s Stop Shop retail park portfolio. On the regulatory side, the team advised Spar-Finanz Bank on the implementation of the Common Reporting Standard Act (CRS) and other regulations alongside tax compliance issues. Edith Hlawati heads the team.

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Capital markets
Capital markets - ranked: tier 1

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati stands out for its expertise in high-value capital markets transactions, bond structurings and placements as well as its contentious and non-contentious regulatory capabilities. Volker Glas9 advised CA Immobilien Anlagen on a €170m five-year corporate bond, and together with Thomas Zivny, he advised Immofinanz on convertible bonds. In a separate matter, Zivny and Peter Knobl advised Raiffeisen-Holding Niederösterreich on the issuance of €125m subordinated debt in the form of a private placement, the termination of €85m participation capital and the repurchase of €40m of subordinated debt. Edith Hlawati heads the team.

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

Clients are in good hands’ when turning to CHSH Cerha Hempel Spiegelfeld Hlawati’s ‘very professional, knowledgeable and dedicated’ team for advice on national and international cross-border mergers, reorganisations and transactions. ‘Brilliant lawyer and negotiatorClemens Hasenauer advised OMV on the sale of all of its shares in the Turkish mineral oil distribution company OMV Petrol Ofisi to VIP Turkey Enerji. ‘Very committed and focused tacticianAlbert Birkner, who is ‘very pleasant to work with and goes the extra mile for his clients’, assisted the waste management company Brantner with group structuring and corporate issues. ‘Efficient, flexible and smart’ counsel Sarah Wared has a ‘hands-on approach’.

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Construction
Construction - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

Advice on contractual, contentious and regulatory matters are key elements of CHSH Cerha Hempel Spiegelfeld Hlawati’s practice which is led by Peter Vcelouch. He recently assisted Vienna International Airport with a number of construction law matters including various planning and construction contracts alongside contentious work, and, in a similar matter, advised SES Spar European Shopping Centre on engineering, planning and construction contracts.

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EU and competition
EU and competition - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

The ‘quick, efficient and flexible’ team at CHSH Cerha Hempel Spiegelfeld Hlawati has ‘very broad knowledge and vast experience’ in merger control, state aid law and cartel investigations. ‘Highly dynamic’ ‘strategic thinker’ and team head Bernhard Kofler-Senoner advised SPAR on various competition law matters including abuse of dominance and merger control cases. In a 2017 highlight, he obtained clearance from the Austrian Federal Competition Authority for Dentsu Aegis following its acquisition of media.at. The ‘highly skilled’ and ‘pleasant to work with’ Michael Mayer made counsel in October 2017.

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Employment
Employment - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s ‘highly professional, helpful and competent’ team provides ‘speedy answers’ and is adept at handling individual and collective labour law matters alongside corporate-related mandates and litigation. ‘Calm’ team head Julian Feichtinger continues to advise Vienna International Airport on various employment law matters, and assisted SPAR with employment contracts for national and international executive staff. Susanne Molitoris was appointed senior counsel in October 2017.

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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 ‘practical, reliable and efficient’ team ‘provides hands-on advice’ and predominantly acts for creditors and shareholders of distressed and insolvent companies in liquidation proceedings, corporate reorganisations, restructurings and pre-insolvency debt collections. ‘Very responsive’ team head Thomas Trettnak is ‘very pleasant to work with’ and advised Neenah Paper on issues arising from the insolvency of its supplier KRESTA Anlagenbau, while also assisting Whirlpool and its subsidiary KitchenAid with debt collection measures.

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Intellectual property
Intellectual property - ranked: tier 5

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati is particularly active in trade mark matters but also covers patent and product design work. Best known for trade mark litigation, team head Mark Krenn advised McDonald’s on IP rights and trade mark infringement issues. Other recent work includes the assistance of Central European Gas Hub (CEGH) with trade mark registrations, and advising the civil engineering service provider mageba on a patent dispute.

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Projects and energy
Projects and energy - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati assists energy companies and investors with public law, financing, corporate and transactional matters pertaining to energy and infrastructure projects. The team advised Vienna International Airport on various infrastructure projects, such as the construction of a new terminal building and a third runway, and various transactional matters and Georg Konrad assisted Swiss train manufacturer Stadler Bussnang with public procurement proceedings for the manufacturing and supply of 300 electric multiple units. Other key individuals include Clemens Hasenauer and Thomas Trettnak.

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Public procurement
Public procurement - ranked: tier 4

CHSH Cerha Hempel Spiegelfeld Hlawati

Advising contracting authorities and bidders in the utility, healthcare, transport and higher education sectors constitute significant elements of CHSH Cerha Hempel Spiegelfeld Hlawati’s practice which is led by Irene Welser. The team assisted Coloplast with the bidding documentation work for a tender on the supply of medical devices. Michaela Siegwart was appointed senior counsel in October 2017.

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Real estate
Real estate - ranked: tier 2

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s broad offering includes advice on sales and acquisitions, project developments, financing agreements alongside residential and commercial lease matters. Team head Peter Vcelouch advised Lidl Austria on several real estate development projects and acquisitions, while Manfred Ton assisted IC Development with its sale of the Denk Drei office complex in Vienna to ARE Austrian Real Estate. The ‘sharp-minded’ Mark Krenn is recommended.

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TMT
TMT - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati has a strong profile for IT and data protection work: in recent highlights, the group assisted retail chain company SPAR with various data protection and data security issues, and advised Hewlett-Packard on IT and data privacy law. Other clients include Microsoft, ASFiNAG and Semperit. The ‘very knowledgeable and experiencedHans Kristoferitsch heads the team.

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Tax
Tax - ranked: tier 3

CHSH Cerha Hempel Spiegelfeld Hlawati

CHSH Cerha Hempel Spiegelfeld Hlawati’s corporate prominence translates into a steady flow of corporate tax mandates including the tax-optimised structuring of transactions, international reorganisations and holding structures; however, the group is also well versed in assisting with the taxation of funds and financial instruments as well as representing clients in tax disputes. ‘Highly motivated and very knowledgable’ team head Johannes Prinz advised IT services provider Datagroup on tax planning and compliance issues pertaining to the merger of its Austrian subsidiary into the German company. On the finance side, Peter Knobl assisted Raiffeisenlandesbank NiederÖsterreich-Wien with the taxation of financial instruments. Benjamin Twardosz joined from Wolf Theiss.

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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 has a strong profile for post-merger disputes and arbitration proceedings in the construction and energy sectors. Irene Welser, who heads the team and also acts as an arbitrator, represented a company in the power plant construction industry in two ICC arbitrations pertaining to a consortium agreement. Benedikt Spiegelfeld is another key individual and Susanne Molitoris was appointed senior counsel in October 2017.

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

CHSH Cerha Hempel Spiegelfeld Hlawati

Apart from its strong commercial and corporate litigation capabilities, CHSH Cerha Hempel Spiegelfeld Hlawati is well versed in handling insurance and unfair competition disputes and routinely acts for construction, infrastructure and energy sector players alongside food and drug companies. Team head Irene Welser defended SPAR in unfair competition proceedings against claims brought by Shopping City Seiersberg pertaining to alleged incorrect investment prospectus information. In a separate matter, she defended ASFiNAG against a warranty and damages claim brought by Hyder Consulting with regards to faulty bridge work.

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’s ‘outstanding’ team is a respected player in the market, representing companies and individuals in criminal proceedings and internal investigations, while also providing clients with compliance advice and handling leniency applications. Peter Lewisch, who is noted for his ‘unparalleled knowledge of criminal law’ and co-heads the team with Hans Kristoferitsch, acted for a client in criminal proceedings pertaining to market manipulation and embezzlement allegations. Stefan Huber is another key member of the team.

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.