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 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
  • AT: Ministry of Finance publishes its view on certain aspects relating to private equity funds

    With the amendment of the Austrian investment fund regime by virtue of including alternative investment funds into its scope, the tax aspects of re-qualifications of existing (private equity) vehicles into investment funds and thus the application of the Austrian investment fund tax regime were rather unclear. With a newly-published opinion, the Austrian Ministry of Finance has now shed some light on its view on selected tax aspects of such re-qualification.  read more...
  • CZ: Czech Competition Authority is not authorised to enter business premises without a warrant

    The European Court of Human Rights ("ECHR") recently acknowledged a complaint by Delta Bakery (the "judgment") and confirmed that the Czech Competition Authority ( Úřad pro ochranu hospodářské soutěže , "CCA") violated Article 8 of the European Convention on Human Rights ("Convention") when entering the Delta Bakery premises without first obtaining a warrant.  read more...
  • Hungary: What will banks need to (re)pay their borrowers?

    In recent years, bank customers in Hungary have initiated numerous litigations claiming that their loan agreements are illegal, invalid, or null and void for a variety of reasons. Mostly, these reasons centered on the legality of the application of spreads in FX-based loans and on the validity of the unilateral amendments applied by the banks regarding fees and interest rates.  read more...
  • Austria: Extension of the threshold regulation until the year 2016

    The "threshold regulation" adjusting (raising) the sub-thresholds of the Austrian Procurement Act ("BVergG") will be extended once again, namely for two more years. This plan was disclosed in the press briefing issued in conjunction with the retreat held by the members of Austria's federal government on September 27th and 28th this year. Thus, contracting authorities will continue to be able to benefit from substantial procedural simplifications when awarding contracts below the threshold in 2015 and 2016 as well. read more...
  • Serbia: Insolvency Act Amendments adopted

    As of 13 August 2014, the amendments and supplements to the Insolvency Act [Zakon o stečaju] are in force, published in the Official Gazette of RS no. 83/2014 ("New IA"). The New IA shall not be implemented retroactively, and those insolvency proceedings that were ongoing on the day the New IA entered into force will be continued under the previously valid rules. read more...
  • Hungary: New advertising tax feels like a bucket

    Hungary's new advertising tax, which has been introduced effective as of 15 August 2014, affects not only media companies, online and offline content providers and advertising agencies (media companies), but may also affect regular manufacturing and trading companies active in various industry segments (commercial companies). read more...
  • Voluntary ex ante transparency notice does not provide a clean bill of health...

    The ECJ has ruled that the so-called "voluntary  ex ante  transparency notice" under certain circumstances does not preclude review authorities from declaring a contract ineffective if it was awarded without prior publication of a contract notice. Moreover, the ECJ ruled that review authorities must declare a contract ineffective if the contracting authority could not legitimately hold that that the conditions for directly awarding the contract were in fact satisfied (ECJ 11.09.2014, Case C-19/13 Fastweb SpA ). read more...
  • Austria / EU: Latest EU Sanctions against Russia

    After introducing the "sectoral sanctions" against Russia on 1 August 2014 (see our  Legal Insight of 1 August 2014 ), the sanctions regime has been tightened further on September 12 as set out in EC Regulation No 960/2014. read more...
  • Austria: Judgment sheds light on joint ventures under the country’s merger control*

    Austrian merger control continues to capture non-full-function joint ventures. Joint ventures covered by merger control are sheltered against parallel assessment under the Austrian rules against anticompetitive agreements (no dual control). read more...
  • Czech Republic: Mergers, or thick red lines?

    In its decision no. 29 Cdo 3068/2013 dated 19 June 2014, the Supreme Court of the Czech Republic ("SCCR") once again ruled on the issue of the irreversibility of the legal effects of registration of transformation in the Czech Commercial Register. read more...