The Legal 500

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

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 Brogyányi
Insurance Felix Hörlsberger, Florian Kremslehner
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, 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
  • Serbia: New Law on Conversion of Right over Construction Land into Ownership against Compensation

    The long-expected Law on conversion of usage right into ownership against compensation (" Conversion Act ") entered into force on 28 July 2015.  Read more...
  • ECHR -- Internet News Portals May Be Held Liable for User-generated Comments

    On 16 July 2015, in a case of first impression, the Grand Chamber of the European Court of Human Rights (" ECHR ") issued its final decision regarding the liability of a news portal for offensive comments made by its users. In the case Delfi AS v. Estonia (application no. 64569/09, the " Case "), the ECHR decided that holding an internet news portal liable for comments made by a third-party commentator to the portal’s site is not in breach of the portal’s freedom to impart information.  read more...
  • Austria: Court confirms advance effects of the new procurement directives

    As sufficiently known by practitioners of public procurement law, the transition pe-riod for the new Directives on public procurement law 2014/23/EU, 2014/24/EU and 2014/25/EU ("the Directives"), which entered into force in March 2014, will predominantly elapse on 18 April 2016.  read more...
  • Bulgaria: The Latest Amendments to the Credit Institutions Act: the Dictates of Bank Secrecy Overcom

    The Bulgarian Corporate Commercial Bank ("CCB")’s insolvency has resulted in a variety of changes to the Bulgarian banking legislation. Lifting of bank secrecy in cases of bank insolvency is the newest addition to the pile of governmental attempts at accountability and transparency stemming from the CCB affair.  read more...
  • Serbia: Mortgage Act amendments adopted

    The long-anticipated amendments to the Serbian Mortgage Act (" Mortgage Act "), published in the Official Gazette of RS no. 60/2015, entered into force on 16 July 2015. We would like to highlight the following changes:  read more...
  • Bulgaria: Draft Law Implementing BRRD Needs to be Amended to Provide "Appropriate Protection" for Cl

    On 10 July 2015, the Bulgarian parliament passed, at first reading, a bill intended to implement the EU Bank Recovery and Resolution Directive (BRRD). When that bill becomes law, it will provide, inter alia, increased protection for the close-out netting arrangements involving Bulgarian banks in distress. However, the bill must be amended in order to provide "appropriate protection" for close-out netting as required under the BRRD.  read more... 
  • Hungary: Easement on Loan Portfolio Transfers

    The Hungarian Parliament has adopted an amendment to the Hungarian Banking Act (entering into force on 7 July 2015) that provides for the regulation of loan portfolio transfers.  The amendment aims to make Hungarian banks' lives easier by deviating from the general rule of the Hungarian Civil Code which normally requires a borrower to agree to the transfer between lenders and terminates all security interests, unless the security provider likewise agrees. read more...
  • Austria: Reform Proposals Seek to Clarify Breach of Trust

    The debate around Section 153 of the Austrian Criminal Code, relating to the offence of breach of trust, is now entering the next round. The question as to whether the legislature will heed the Austrian business community's call for urgent reform could be answered toward the end of this year. Read more...
  • EU/Austria: Implementation of the Water Framework Directive

    As one of its main environmental objectives, EU Directive 2000/60/EC ("Water Framework Directive" – WFD), in concreto its art 4, requires all Member States to achieve – subject to several exemptions, such as the possibility to extend the timeframe – the "good status" of all surface water bodies and groundwater bodies by 22 December 2015. read more...
  • Austria: Far-reaching implications of tax reform

    The draft tax bill introduced in the Austrian Parliament last week will implement the most significant tax reform in the country's history. read more...