The Legal 500

Schoenherr

TUCHLAUBEN 17, 1010 WIEN, AUSTRIA
Tel:
Work +43 1 53 43 70
Fax:
Fax +43 1 53 43 76 100
Web:
www.schoenherr.eu
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What we say about the firm's legal practice in Austria

Banking and finance

Within Banking and finance, Schoenherr is a second tier firm,

Schoenherr’s banking and finance team has particular expertise in debt financing and restructurings. The firm attracted several top mandates from clients in the European automotive industry, including advising Volkswagen and Opel. On the borrower side, it acted for Austrian real estate giant Immofinanz on the renegotiation of its senior bank debt. Peter Feyl, Martin Ebner and Ursula Rath are all recommended.

Capital markets

Within Capital markets, Schoenherr is a second tier firm,

Schoenherr handled a number of corporate bond issuances in 2010, including advising Citigroup and RBS on the Austrian aspects of a €2.5bn secured high yield bond issued by Conti-Gummi Finance. Peter Feyl leads the team and is ‘an excellent lawyer with a very broad legal background’. ‘In comparison to large London or Frankfurt firms they seem to have a fairly low partner/associate ratio, so that you can access advice from experienced partners without burning a lot of associate time,’ according to one client.

Central and Eastern Europe

Within Central and Eastern Europe, Schoenherr is a first tier firm,

Schoenherr is ‘committed to the region and aggressive in its strategy’, and consistently wins plaudits from peers and clients for its work across CEE. The practice represented GlaxoSmithKline on the €130m acquisition of a stake in Intercell, and continued to advise Volkswagen on the Austrian and CEE law aspects of its merger with Porsche. Christian Herbst and Christoph Lindinger are the names to note.

Corporate and M&A

Within Corporate and M&A, Schoenherr is a first tier firm,

Schoenherr has an impressive roster of blue-chip clients that includes Volkswagen, ExxonMobil, Immofinanz and Volksbanken. The practice has increasingly been advising on corporate reorganisations for major banking clients. Christian Herbst led a team that advised GlaxoSmithKline in connection with a €105m strategic alliance with Vienna-based Intercell.

Dispute resolution

Within Dispute resolution, Schoenherr is a second tier firm,

Schoenherr defended Deutsche Bank against a €613m claim from Austria’s federal railways in the Vienna Court of Appeal for alleged misleading advice during the arrangement of a credit default swap. Gerold Zeiler heads the practice and is the name to note for arbitration, and Wolfgang Höller is ‘an outstanding litigator’.

EU and competition

Within EU and competition , Schoenherr is a first tier firm,

Schoenherr has a top-notch market reputation for its merger control and antitrust work. In 2010 the team advised ENI in merger control proceedings at the European Commission regarding the purchase of Exxon Mobil Austria’s retail outlets, and also advised the Austrian government on the nationalisation of Kommunalkredit. Hanno Wollmann heads the three-partner practice, and is singled out for praise by clients. Franz Urlesberger and Volker Weiss are also recommended.

Employment

Within Employment , Schoenherr is a third tier firm,

Schoenherr leverages off its strong corporate/M&A practice, and is recommended for its work on restructuring and redundancies. Gerold Zeiler leads the six-partner team, which advised a multinational car manufacturer on restructuring issues including transferring employees and management undertakings.

IT and telecommunications

Within IT and telecommunications, Schoenherr is a second tier firm,

Schoenherr has a top-notch telecoms and IT client list including AT&T, Verizon and Lycos. Standout transactions for the group included advising France Telecom on the €1.4bn acquisition of Austrian mobile phone provider One. The eminent Christian Schmelz heads the team.

Insolvency and corporate recovery

Within Insolvency and corporate recovery, Schoenherr is a first tier firm,

Schoenherr has a dedicated insolvency and restructuring team, a relative rarity amongst the larger top-tier Austrian firms. Wolfgang Höller leads the six-partner team, whose experience includes advising in the early stages of insolvency matters, such as identifying potentially distressed transactions and representing clients in pre-insolvency proceedings. The team has developed its expertise in the banking and real estate sectors, and in 2010 advised big-name banking clients such as Kommunalkredit and Raiffeisen Zentralbank, as well as representing Morgan Stanley Real Estate in connection with a cross-border refinancing of several European hotel projects.

Intellectual property and media

Within Intellectual property and media, Schoenherr is a first tier firm,

Schoenherr is ‘responsive and willing to find business-oriented solutions’. The experienced team continues to acts for some big-name clients; 2010 saw the team advise a number of drinks companies such as fruit juice manufacturer Pago and the distributor of American Bud. Christian Hauer and Guido Kucsko lead the five-partner team, which in 2010 advised Pfizer in a trade mark infringement case regarding Viagra that reached the Austrian Supreme Court.

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.

Real estate

Within Real estate, Schoenherr is a second tier firm,

Schoenherr has great CEE experience, and in 2010 advised UNIQA real estate on the development and lease of a €50m hotel and office building in Budapest. Peter Madl is a favourite with clients; ‘with his calm behaviour he takes the stress out of sharp negotiations’, and ‘he is amiable but always prepared to persistently and demandingly fight for clients’. The team is also praised for its efficient response times.

Tax

Within Tax, Schoenherr is a second tier firm,

Schoenherr is recommended for its expertise in cross-border transactions and tax-efficient structures for large transactions. Peter Feyl and Herbert Buzanich lead the team and are recommended.


What we say worldwide

Please choose another Schoenherr 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

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Hungary

Offices in Budapest

Moldova

Offices in Chisinau

Poland

Offices in Warsaw

Romania

Offices in Bucharest

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

Turkey

Offices in Istanbul

Ukraine

Offices in Kiev

Serbia

Offices in Belgrade

Legal Developments by:
Schoenherr

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Austria: Advantages of Establishing a Company's Headquarters in Austria: Part 1

    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.
  • Environment Romania

    Romania
  • Environment Bulgaria

    Bulgaria
  • Environment Austria

    Austria Christian Schmelz and Bernd Rajal - Schönherr Rechtsanwälte GmbH
  • Austria: Mandatory declaration of minimum remuneration in job postings

    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

    Neli Nedkova and Dessislava Iordanova - Wolf Theiss In 2010 the activity of the Bulgarian Commission for Protection of Competition (the Commission) showed a trend of increasing focus on compliance shifting slightly from the antitrust area. Proceedings that have started and the most recent decisions show that this trend is likely to continue in 2011.
  • 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: