The Legal 500

Work +43 1 533 47 95

Main work contacts

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
  • Czech Republic: International Taxation of Athletes

    As the status of professional athletes is not regulated under Czech law, there is a need for legal interpretation on this matter. The Supreme Administrative Court has ruled that athletes' work is of such a specific nature (e.g. the method of their pay, the amount of rest and other non-compliances with the Labour Code), that it is not illegal for clubs and athletes to enter into contracts other than labour contracts. Thus, at least in terms of taxes, athletes can act as self-employed persons. read more...
  • Austria: RPM Judgment of the Austrian Supreme Court against Austrian food retailer SPAR

    The Supreme Court upheld a decision of the Cartel Court against SPAR, a leading company in the Austrian food retail sector, concerning collusion on resale prices (Resale Price Maintenance; RPM) with suppliers of dairy products. At the same time, the court increased the fine imposed by the Cartel Court tenfold, i.e. from EUR 3 million to EUR 30 million. Read more...
  • Poland: New law grants attorneys at law with the right of trademark administration before the Polish

    The procedures governing the administration of industrial property rights, managed by the Polish Patent Office, have to date been regulated by the Industrial Property Law of 30 June 2000 (" IPL "). Read more...
  • Hungary: Unlawful dismissal – additional damages claims after binding court decision?

    New penalty system for unlawful dismissal.
  • Austria: Tightening of Exit Taxation

    The draft for the Tax Amendment Act 2015 published today [19 October 2015] proposes an amendment of existing exit taxation rules that would significantly tighten these rules, which eventually lead to the taxation of hidden reserves in assets transferred.  read more...
  • Hungary: Unlawful dismissal - additional damages claims after binding court decision?

    New penalty system for unlawful dismissal  The 2012 Labour Code introduced significant changes concerning the compensation to be paid by employers in the event of unlawful dismissal. Since the new rules apply to all unlawful dismissal cases commenced after the entry into force of the new Labour Code (ie, after July 1 2012), it has taken some time for these cases to be processed, and thus also for the potential pitfalls of the new regulations to be identified and conclusions to be drawn.  Read more...
  • Croatia: Amendments to the Capital Markets Act

    At its session on 25 September 2015, the Croatian Parliament adopted the Act on Amendments to the Capital Markets Act ("Act"). This Act transposes Directive 2013/50/EU and all of its subsequent amendments into Croatian law. The Act will enter into force on 21 October 2015, with the obligations regarding quarterly financial reports entering into force as of 1 January 2016.  Read more...
  • The ruling on the field stands: The ECJ follows Advocate General and declares Safe Harbour invalid

    Yesterday, the European Court of Justice (ECJ) followed Advocate General Yves Bot's recommendations in the ECJ Case C-362/14 ( Maximilian Schrems vs Data Protection Commissioner ) and declared the Commission's US Safe Harbour Decision invalid. In brief, Schrems, an Austrian law student, challenged Facebook's practice of storing personal data on U.S.-based servers, a practice that allegedly allows the NSA, or similar United States intelligence organizations, to have easy access to the personal data of EU citizens.  read more...
  • Bulgaria: Range of Eligible Counterparties to Financial Collateral Arrangements Extended to Embrace

    On 14 August 2015, an amendment to the Bulgarian law implementing the EU Financial Collateral Directive and extending its personal scope to "any person" entered into force. The amendment was primarily meant to allow the Bulgarian Bank Deposits Guarantee Fund to serve as an eligible counterparty to repo transactions. However, the new law might have a wider impact, as it allows some SPVs set-up for particular bonds or derivatives transactions that previously did not fall in the personal scope of the law to now serve as eligible counterparties to financial collateral arrangements.  read more... 
  • Turkey: Recognition & Enforcement of an Award

    Enforceability of a foreign award in Turkey requires a recognition lawsuit to be filed before the Turkish courts. The Code on International Private and Procedure Law (number 5718) (the “Law”) explicitly regulates the terms and conditions in this respect.  Read more...