The Legal 500

CHSH Cerha Hempel Spiegelfeld Hlawati

PARKRING 2, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 514 35 0
Fax:
Fax +43 1 514 35 35
Web:
www.chsh.com
Email:

What we say about the firm's legal practice in Austria

Banking and finance

Within Banking and finance, CHSH Cerha Hempel Spiegelfeld Hlawati is a first tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati has a ‘keen and profound understanding of banking issues and a professional attitude’. The team attracted some top mandates in 2010, including continuing to advise Erste group on various project financings in eastern Europe, and also advising the Swiss Zürcher Kantonalbank on its acquisition of Austria’s Privatinvest Bank. Edith Hlawati heads up the six-partner team.

Capital markets

Within Capital markets, CHSH Cerha Hempel Spiegelfeld Hlawati is a first tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati is ‘really outstanding’ and the team, led by Edith Hlawati, has ‘very good industry knowledge and is prompt and helpful’. The firm was one of the few that managed to advise on both equity and debt capital markets work in a tough market, picking up new share issuances for both Simonsfeld and Wienerberger in 2009/10. The practice also represented Strabag on the placement of €100m worth of notes on the Vienna Stock Exchange. Peter Knobl is recommended.

Central and Eastern Europe

Within Central and Eastern Europe, CHSH Cerha Hempel Spiegelfeld Hlawati is a first tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati has ‘an excellent understanding of the CEE markets and culture’ and ‘lawyers who understand the business rationale of their clients’. The firm is a heavyweight presence in the region with offices in numerous jurisdictions. Highlight work for 2010 included acting for construction giant Strabag in merger control proceedings before several competition authorities regarding the establishment of a €1bn joint venture with Lafarge Cement. Peter Hoffmann heads up the group, which also features the ‘outstanding’ Albert Birkner and newly made-up partner Thomas Trettnak, who is a ‘talented dealmaker’. Clients particularly praise Benedikt Spiegelfeld: ‘We admire both his passion for the profession and his integrity. He is the senior partner you wish to have on your side when negotiations reach a critical point,’ according to one.

Corporate and M&A

Within Corporate and M&A, CHSH Cerha Hempel Spiegelfeld Hlawati is a first tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati delivers advice that is ‘highly practical and useful, and so is value for money. Its lawyers understand the business rationale of their clients’. The team has some enviable clients, including CEE construction company Strabag, Raiffeisen International Bank and OMV. Edith Hlawati is ‘prompt and helpful’, and Benedikt Spiegelfeld and Clemens Hausenauer are also recommended.

Dispute resolution

Within Dispute resolution, CHSH Cerha Hempel Spiegelfeld Hlawati is a first tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati has a great reputation in both litigation and arbitration proceedings. Managing partner Irene Welser has developed a stronger profile in international arbitration proceedings in recent years, and is chairing an ICC arbitration involving a CEE telecoms business. The firm continues to advise Hewlett-Packard in various court proceedings against Neuroth and Magirus. Benedikt Spiegelfeld is rated for arbitration work, and Peter Vcelouch provides advice that is ‘high quality and directly to the point’.

EU and competition

Within EU and competition , CHSH Cerha Hempel Spiegelfeld Hlawati is a third tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati has a broad range of EU and competition law experience including advising on abuse of dominant position and state aid cases both at national and EU level. The well-respected Peter Lewisch and Bernhard Kofler-Senoner lead the five-partner team, which represented CEE construction giant Strabag in merger control proceedings before the European Commission and the Austrian competition authorities relating to its €1bn merger with Cemex. The team remains active in unfair competition proceedings, with recent work including representing Yves Rocher in a case referred to the European Court of Justice.

Employment

Within Employment , CHSH Cerha Hempel Spiegelfeld Hlawati is a third tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati is able to deliver ‘timely and accurate solutions to every single problem in a very sensitive and complex environment’. In 2010 the team picked up big-name new clients such as the Austrian motorway company ASFINAG, and continues to develop its expertise in data protection. The ‘pragmatic and hands-on’ Julian Feichtinger leads the team and has solid experience in employment litigation and collective bargaining issues. Barbara Klinger is also highly rated.

IT and telecommunications

Within IT and telecommunications, CHSH Cerha Hempel Spiegelfeld Hlawati is a first tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati is strong on both the IT and telecoms sides, with a longstanding client base that includes Telekom Austria and Hewlett-Packard. The practice had a strong 2010 capitalising on a number of M&A deals in the IT sector. The team has a particular focus on data protection law, and advised Yellow Pages France on the acquisition of Austria’s 123people, a website that allows users to search for personal data. Julian Feichtinger is the go-to name for IT law.

Insolvency and corporate recovery

Within Insolvency and corporate recovery, CHSH Cerha Hempel Spiegelfeld Hlawati is a second tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati is valued for its ‘excellent responsiveness, practical solutions and commercial advice beyond the recital of statute’. The practice had a busy 2010, including advising Barclays Capital on the €500m insolvency restructuring of Morgan Stanley Real Estate Funds and its group companies in Austria. Benedikt Spiegelfeld and Irene Welser head the team.

Intellectual property and media

Within Intellectual property and media, CHSH Cerha Hempel Spiegelfeld Hlawati is a third tier firm,

Irene Welser leads the team at CHSH Cerha Hempel Spiegelfeld Hlawati, which advised Toyota in two trade mark infringement actions, including one before the Supreme Patent and Trademark Senate.

Legal market overview

Within Legal market overview,

The redundancies that have hit Western European firms hard are much less evident in Austria, and many of the larger players are as ambitious as ever, with the economic crisis barely dampening expansionism. CHSH Cerha Hempel Spiegelfeld Hlawati, Wolf Theiss and Schoenherr are still sweeping across the CEE, although the mid-tier firms operating out of the capital still garner their fair share of the mandates on offer. Austria has a large number of smaller players, and the boutiques, such as Fellner Wratzfeld & Partners, Schramm Öhler Rechtsanwälte and Gassauer-Fleissner Rechtsanwälte GmbH still prove to be a very successful model.

Public procurement

Within Public procurement, CHSH Cerha Hempel Spiegelfeld Hlawati is a second tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati has a solid track record representing contracting and public authorities on tendering procedures. The two-partner team advised Vienna International Airport on the procurement of X-ray machines, displays, furniture and other equipment. Irene Wesler heads the team, and is assisted by senior attorney Michaela Siegwart.

Real estate

Within Real estate, CHSH Cerha Hempel Spiegelfeld Hlawati is a second tier firm,

The ‘solution-orientated’ Peter Vcelouch leads the team CHSH Cerha Hempel Spiegelfeld Hlawati, which is noted as delivering ‘value-for-money’ advice that is ‘directly to the point’. It advised on some enviable deals including representing German asset manager Union in the acquisition of the Rund Vier building.

Tax

Within Tax, CHSH Cerha Hempel Spiegelfeld Hlawati is a second tier firm,

CHSH Cerha Hempel Spiegelfeld Hlawati leverages off its corporate team to advise on tax issues related to restructuring and financing transactions among others. Clemens Hasenauer and Johannes Prinz led a team that advised Wiener Börse Central, an Austrian gas hub operator, on stamp duty matters relating to the establishment of a new gas exchange.


What we say worldwide

Please choose another CHSH Cerha Hempel Spiegelfeld Hlawati office to view full details of what we say in that region, or choose from this list to view a specific editorial reference in context.

Austria

Offices in Vienna

Bulgaria

Offices in Sofia

Belarus

Offices in Minsk

Hungary

Offices in Budapest

Romania

Offices in Bucharest and Timisoara

Slovakia

Offices in Bratislava

Serbia

Offices in Belgrade

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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    Choosing or changing a multinational company's headquarters involves considerations of quality of living and political stability in addition to economic and legal issues. This arti-cle, in two parts, outlines some of the advantages of and basic information about choos-ing Austria for a company’s headquarters. Part 1 is an overview of Austria's social and political background and of some legal forms to consider for a holding company. Part 2 will introduce Austrian tax law and provide additional legal information.
  • Hungary: Why is equity protection ineffective in Hungary?

    The Hungarian Companies Act ("CA") and others have long contained provisions to protect creditors. One provision prohibits a limited liability company from paying dividends to its shareholders if it does not have sufficient funds.
  • Austria: Termination of contracts after initiation of insolvency proceedings

    One of the primary objectives of the reformed Austrian Insolvency Act ("IO"), which entered into force on 1 July 2010, has been to increase the number of successful corporate reorganisations and to facilitate the continuation of business operations during financial crises. After the initiation of insolvency proceedings, the creditors of an insolvent debtor shall not be entitled to revoke or terminate contracts that are essential for continuing the debtor’s business operations.
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    The latest amendment of the Austrian Act on Equal Treatment (Gleichbehandlungsgesetz – GlBG; in force since 1 March 2011) sets into force a provision requiring the declaration of minimum remuneration in job postings. As of 1 January 2012, any infringement of this provision may lead to sanctions.
  • The Handbook of Competition Enforcement Agencies 2011

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  • Bulgaria: VAT re gulations on construction right transfers amended

    From 1 January 2012, the transfer of a construction right will be VAT exempt only until the construction permit is issued. The previous regime had allowed the exemption until the completion of the rough construction.
  • Foreign investors face new barrier when acquiring Austrian companies

    On December 8, 2011 an amendment of the Foreign Trade Act 2011 (Außenwirtschaftsgesetz 2011, until then Außenhandelsgesetz 2011, “FTA 2011”) entered into force imposing a substantial new barrier on foreign investors when acquiring shares in Austrian companies that operate in areas of public security and order. This amendment came as a surprise as part of the Budget Consolidation Act 2012 (Budgetbegleitgesetz 2012), governing different topics. The key points of the new barrier for foreign investors are the following: