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Schoenherr (Schönherr Rechtsanwälte)

SCHOTTENRING 19, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 53 43 70
Email:
Web:
www.schoenherr.eu
Belgrade, Bratislava, Brussels, Bucharest, Budapest, Chisinau and 8 more

Austria

Administrative law and public sector
Administrative law and public sector - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s ‘professional’ team covers the whole range of public law and has a specialism in environmental law, frequently assisting with environmental impact assessments alongside permitting and planning matters as well as related litigation. ‘Outstanding’ team head Christian Schmelz continues to advise Red Bull on various issues pertaining to the motorsports circuit Red Bull Ring, including environmental, planning and permitting matters with a particular focus on event and noise control laws. He also assisted ASFiNAG with various environmental and permitting matters pertaining to the construction of several major motorways. Other key individuals include Bernd Rajal and counsel Johannes Stalzer.

Leading individuals

Christian Schmelz - Schoenherr (Schönherr Rechtsanwälte)

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Banking and finance
Banking and finance - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s ‘very responsive’ team has excellent capabilities in the CEE and SEE region and frequently works in close co-operation with the firm’s regulatory, real estate and restructuring departments. Advising on a wide range of banking and finance law matters, the team has specialist expertise in dealing with regulatory issues, derivatives and securitisation as well as structured finance mandates. Recent highlights include acting for the European Investment Bank (EIB) as investor in 150m Class A floating rate notes issued by Raiffeisen securitisation SPV ROOF Leasing Austria, and acting for the European Investment Fund (EIF) as guarantor of a €250m tranche subscribed for by ING Bank. In other work, Peter Feyl advised Raiffeisen Bank International on the merger with Raiffeisen Zentralbank Österreich, which included a number of regulatory finance issues. Team head Martin Ebner is ‘excellent’ and ‘constructive’.

Leading individuals

Martin Ebner - Schoenherr (Schönherr Rechtsanwälte)

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Capital markets
Capital markets - ranked: tier 2

Schoenherr (Schönherr Rechtsanwälte)

The strength of the ‘highly skilled and qualified team’ at Schoenherr (Schönherr Rechtsanwälte) lies in dealing with transactional capital markets matters at the intersection of corporate, banking and restructuring law but it also handles regulatory, securitisation and derivatives work. Ursula Rath, who co-heads the team with the ‘excellent’ Martin Ebner, advised the equity investment company Cantor Fitzgerald as underwriter and sole book-running manager on several regulatory matters pertaining to the rights offering of Vienna-based biotech company Nabriva Therapeutics. Counsel Stefan Paulmayer assisted an international banking syndicate with the issuance of bonds by Erste Group Bank. Miriam Simsa made salary partner in February 2017.

Next generation lawyers

Ursula Rath - Schoenherr (Schönherr Rechtsanwälte)

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s ‘superb’ team is frequently involved in the market’s most significant transactions, most notably in the financial, energy, pharma and TMT sectors. Highlights included advising the Austrian listed Raiffeisen Bank International on the merger with its unlisted parent Raiffeisen Zentralbank Österreich, and assisting the pharmaceutical company Roche with the acquisition of all shares of mySugr. In other work, Roman Perner advised UNIQA Insurance on its corporate restructuring, while Christian Herbst acted for Cubic and its core shareholders on the sale of their controlling stake in C-QUADRAT to the Chinese conglomerate HNA Group. Florian Kusznier is a ‘top calibre corporate lawyer’ and Alexander Popp heads the team.

Leading individuals

Christian Herbst - Schoenherr (Schönherr Rechtsanwälte)

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Construction
Construction - ranked: tier 3

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte) provides ‘practical advice’ on the intersection of construction, real estate and public law and also handles contentious work. As an example for the latter, the team acted for Vienna International Airport and the state of Lower Austria in a number of proceedings before the Supreme Administrative Court and the Constitutional Court of Austria pertaining to the third runway project. Key figures include managing partner Michael Lagler and Peter Madl, while ‘nothing is too much trouble’ for ‘excellent’ counsel Arabella Eichinger.

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EU and competition
EU and competition - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s ‘excellent’ team is a respected player in the market with substantial experience in handling the full spectrum of competition law, from antitrust and merger control work to state aid law matters and litigation. ‘Very good analyser’ and team head Franz Urlesberger continues to represent KONE Austria in damage claims proceedings, while ‘go-to lawyer for complex cases’ Hanno Wollmann advised Baumit Beteiligungen and Wietersdorfer on merger control proceedings in Austria, CEE and Russia following Baumit’s acquisition of Wietersdorfer’s construction materials division. Brussels-based Volker Weiss is ‘very reliable’.

Leading individuals

Franz Urlesberger - Schoenherr (Schönherr Rechtsanwälte)

Hanno Wollmann - Schoenherr (Schönherr Rechtsanwälte)

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Employment
Employment - ranked: tier 3

Schoenherr (Schönherr Rechtsanwälte)

Routinely working in conjunction with the firm’s M&A and corporate teams, Schoenherr (Schönherr Rechtsanwälte) is well versed in providing transactional employment law advice, while also representing clients in disputes. With a focus on the public sector, team head Stefan Kühteubl continues to advise Vienna General Hospital and the Institute of Science and Technology Austria (IST) on a number of contentious and non-contentious matters, while also assisting Aon Austria Risk Management with issues arising from integrating Vero Insurance’s Austrian entities into its business.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

With a focus on advising lenders and distressed borrowers, Schoenherr (Schönherr Rechtsanwälte) is particularly rated for its strength in pre-insolvency reorganisation, refinancing and restructuring work. Martin Ebner and ‘smart’ practice head Wolfgang Höller, who ‘thinks outside the box’, advised Raiffeisenlandesbank Oberösterreich on the restructuring and refinancing of several loans granted to two Croatian subsidiaries of the Austrian real estate group Kaufmann. Other clients include ABBAG and HETA Asset Resolution. The ‘excellent’ Miriam Simsa was promoted to salary partner in February 2017.

Leading individuals

Wolfgang Höller - Schoenherr (Schönherr Rechtsanwälte)

Next generation lawyers

Miriam Simsa - Schoenherr (Schönherr Rechtsanwälte)

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Intellectual property
Intellectual property - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s ‘excellent’ team provides ‘outstanding service and advice’ on the full spectrum of IP law, spanning contentious and non-continuous trade mark, design, patent, copyright, know-how protection and unfair competition work. Counsel Michael Woller represented the claimant FWU Life Insurance Lux in unfair competition and data privacy claims against an insurance consultancy business, while Guido Kucsko defended a finance sector player in a patent litigation pertaining to software-based communication systems. Christian Schumacher is another key member of the team. Christian Hauer retired.

Leading individuals

Guido Kucsko - Schoenherr (Schönherr Rechtsanwälte)

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Projects and energy
Projects and energy - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

With a superb reputation for energy and infrastructure sector work, Schoenherr (Schönherr Rechtsanwälte) receives a steady flow of permitting and environmental law work including related litigation. Team head and ‘top expert’ Christian Schmelz continues to advise Vienna International Airport on the construction of a third runway, including environmental and contentious matters, and assisted the electric utility company TIWAG-Tiroler Wasserkraft with environmental impact proceedings pertaining to the operation and construction of two large hydro pump power storage plants and three large river power plants in Tyrol. Other clients include EXAA Energy Exchange Austria and the Lithuanian natural gas transmission operator AB Amber Grid. Bernd Rajal is recommended.

Next generation lawyers

Bernd Rajal - Schoenherr (Schönherr Rechtsanwälte)

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Public procurement
Public procurement - ranked: tier 4

Schoenherr (Schönherr Rechtsanwälte)

Working in close co-operation with the regulatory department, the team at Schoenherr (Schönherr Rechtsanwälte) is co-led by Christian Schmelz and counsel Johannes Stalzer and has a specialism in assisting clients with EU-wide tenders and also provides general public procurement advice.

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Real estate
Real estate - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Particularly rated for its ‘analytical competence’, Schoenherr (Schönherr Rechtsanwälte)’s ‘very good’ practice draws on a wealth of expertise acting for investors and development companies on the full spectrum of real estate work. Managing partner Michael Lagler, who co-heads the team with Peter Madl, advised Deka Immobilien on the acquisition of DC Tower 1 in Vienna, the tallest hotel and office building in Austria, from a UniCredit Bank Austria subsidiary. Counsel Arabella Eichinger is recommended.

Leading individuals

Michael Lagler - Schoenherr (Schönherr Rechtsanwälte)

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TMT
TMT - ranked: tier 4

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s newTech team acts for clients across a range of industries with a focus on the insurance sector and routinely advises them on data protection, outsourcing and software matters alongside domain name registrations and licensing issues. Wolfgang Tichy assisted insurance company UNIQA with the development, implementation and operation of a group-wide IT system. Other key individuals include the two counsels Günther Leissler and Michael Woller.

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Austria: Dispute resolution

Arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 3

Schoenherr (Schönherr Rechtsanwälte)

Having the ability to think internationally’, Schoenherr (Schönherr Rechtsanwälte)’s ‘down-to-earth and hard-working’ team frequently acts in investor-state and commercial arbitration. Team head Christoph Lindinger represented the Austrian investor Kunsttrans and its Serbian subsidiary Kunstrans d.o.o. Beograd in ICSID investment arbitration proceedings against the Republic of Serbia. ‘Skilled communicator’ Anne-Karin Grill is praised for her ‘good working spirit’ and ‘great mediation skills’.

Next generation lawyers

Anne-Karin Grill - Schoenherr (Schönherr Rechtsanwälte)

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Commercial litigation
Dispute resolution: commercial litigation - ranked: tier 2

Schoenherr (Schönherr Rechtsanwälte)

With substantial expertise in representing financial institutions and manufacturers, the team at Schoenherr (Schönherr Rechtsanwälte) handles a wide range of domestic and international commercial litigation alongside antitrust and unfair competition proceedings. Team head Christoph Lindinger continues to represent Kone in cartel proceedings before the Austrian Cartel Court and in subsequent litigation for damages before the Austrian Trade Court.

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White-collar crime (including fraud)
Dispute resolution: white-collar crime (including fraud) - ranked: tier 3

Schoenherr (Schönherr Rechtsanwälte)

Handling internal investigations and compliance work constitute key elements of Schoenherr (Schönherr Rechtsanwälte)’s practice which also defends companies and individuals in criminal proceedings. Team head Wolfgang Höller is ‘pragmatic’ and praised for his ‘outstanding negotiation skills’, while ‘very responsive’ counsel Klara Kiehl is rated for her experience in handling cross-border criminal investigations. Counsel Heidemarie Paulitsch left the firm to found Paulitsch Law.

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Legal Developments in Austria

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  • Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

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  • European Court of Human Rights: Employers have limited rights to monitor employee communications at

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  • EU: High-Level Expert Group on Sustainable Finance delivers early recommendations

    On 13 July 2017, the High-Level Expert Group (" HLEG ") on Sustainable Finance published its interim report (" Interim Report ") setting out concrete steps to create a financial system that supports sustainable investments. This Legal Insight is part of our dedicated newsletter series on the European Capital Markets Union (" CMU "). Background The growing awareness of environmental challenges and sustainability risks as well as the adoption of the UN 2030 Agenda and the conclusion of the Paris Climate Agreement by the EU in 2015 call for an EU strategy on sustainable finance. Establishing an EU strategy on sustainable finance is a priority action of the CMU. In December 2016, the HLEG was established to advise on the development of such an EU strategy . The recently published HLEG Interim Report was recently presented in a public hearing on sustainable finance on 18 July 2017. At the same time, the HLEG presented an online questionnaire on the Interim Report aimed at obtaining targeted feedback until 20 September 2017, which would be reflected in the final report of the HLEG scheduled for publication by the end of 2017.
  • Serbian Competition Authority Steps Up Antritrust Enforcement

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  • First Annual Privacy Shield Review to take place in September 2017

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    - Dorda
  • Buy-to-Let Schemes in Austria

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  • Hungary: Are Interim Measures Hard to Enforce?

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