The Legal 500

UNIVERSITÄTSRING 10, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 533 47 95
Fax:
Fax +43 1 533 47 97
Web:
www.dbj.at
Email:

Main work contacts

CategoryContact
Arbitration Florian Kremslehner, Christian Dorda, Christoph Stippl
Banking and finance Andreas Zahradnik, Tibor Varga
Capital markets Andreas W Mayr, Christoph Brogyányi
Central and Eastern Europe Martin Brodey, Stefan Artner
Competition and antitrust Stephan Polster
Corporate and commercial Christoph Brogyányi, Bernhard Rieder, Francine Brogyanyi
Insurance Florian Kremslehner, Felix Hörlsberger
IT, IP and media Axel Anderl
Employment Thomas Angermair
Litigation Florian Kremslehner, Felix Hörlsberger
M&A Martin Brodey, Andreas W Mayr, Jürgen Kittel
Private client Paul Doralt, Georg Birkner, Elmar Drabek
Public procurement and administrative law Bernhard Müller
Real estate and construction Stefan Artner
Restructuring and insolvency Andreas Zahradnik, Tibor Varga
Tax Paul Doralt, Martina Znidaric

Legal Developments by:
Dorda Brugger Jordis

  • Survey of Austrian insolvency law and its current developments

    Austrian law distinguishes between composition proceedings in accordance with the Composition Code (Ausgleichsordnung-AO) and bankruptcy proceedings in accordance with the Bankruptcy Code (Konkursordnung-KO). Bankruptcy proceedings have to be opened if the debtor is unable to pay. In particular, inability to pay must be assumed if the debtor suspends payments. Inability to pay does not require that creditors are actively seeking payment. Bankruptcy proceedings are also opened in the event of overindebtedness in relation to commercial companies if no personally liable partner is a natural person, in relation to the assets of legal entities and in relation to the estates of deceased persons.
    - Dorda Brugger Jordis

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Bulgaria: Decision of the Supreme Court regarding termination of a lease agreement

    In its decision (No. 24/2nd commercial department) of 12 September 2013, the Supreme Cassation Court of Bulgaria comprehensively expressed its opinion on the substantive legal aspects of the economic adverse change clause[1] and ruled on the termination of a lease agreement on this ground. According to the decision, a fundamental change of the circumstances could lead to early termination of an agreement if such change was not caused by any of the parties and neither of them was able to predict it at signing, as well as if further force and effect of the agreement are contrary to the principles of justice and the bona fide rules. The decision is of major importance, since it marks the first time that a long-term lease agreement has been terminated by court ruling due to an economic adverse change. read more...
  • European Union: Unitary Patent System

    Nowadays, the protection of a patent can be obtained by using the following routes: read more...
  • EU: ECJ rules that Natura 2000 sites not carved in stone!

    By its 3 April 2014 judgment in a preliminary ruling procedure, the ECJ has held that in certain cases, the Member States are required to propose to the Commission the declassification of a site on the list of SCIs. This is especially true for those cases in which the owner of land forming part of a site on that list makes a request to declassify that site and proves that the relevant site cannot contribute to the achievement of the objectives set forth in the Habitats Directive. read more...
  • Poland: Limitations of the Rules of Representation of a Company - Practical Solutions

    Limiting the rules of representation of a company is one way to secure the company against unauthorised actions on its behalf. How to do this properly? read more...
  • EU: Retention denied - ECJ declares Data Retention Directive invalid

    On 8 April 2014, the European Court of Justice ("ECJ") declared the Data Retention Directive (the "Directive")[1], which had been the subject of great debate, invalid. The Directive required telecommunications providers to retain certain categories of traffic and location data in order to allow law enforcement authorities to access this data for the purpose of (severe) crime and terrorism prevention and prosecution. read more...
  • AT: Breach of trust - A recent Supreme Court ruling has broad implications for Stock Corporations

    Austria's breach of trust provision found its way back into the limelight only recently via the prominent criminal proceedings against the former management of LIBRO AG, a leading non-food retailer. 
  • Poland: Shale gas - recent developments

    Poland is widely regarded one of the countries with the most substantial reserves of shale gas in EU.
  • Austria: Abolishment of GmbH 'light'

    The amendments to Austria's federal tax law (Abgabenänderungsgesetz 2014 - AbgÄG 2014), by which inter alia the Limited Liability Companies Act (GmbHG) are amended, were published (BGBl I 2014/13) on 28 February 2014 and came into force on 1 March 2014. read more...
  • Romania: New perspective on dawn raids and leniency following criminal legislation amendments

    The entry into force in Romania on 1 February 2014 of the new criminal codes implementing laws - i.e. Law no. 187/2012 and Law no. 255/2013, respectively - brought important changes to certain non-criminal laws such as Competition Law no. 21/1996 republished, as further amended and supplemented ("Competition Law"). 
  • EU's Ukraine-related sanctions - Are you compliant?

    Council regulations imposed by the EU In response to the developments in Ukraine unfolded by the Euromaidan protest movement in early February 2014, the EU Council on 5 March 2014 decided to impose restrictive measures against individuals who have been identified as being responsible for the misappropriation of Ukrainian State funds and/or human rights violations ( Council Regulation (EU) No. 208/2014 ).