The Legal 500

Saxinger, Chalupsky & Partners

Wächtergasse 1, 1010 Vienna, Vienna, AUSTRIA
Tel:
Work +43 1 905 01 00
Email:
Web:
www.scwp.com

Austria

Banking and finance
Banking and finance - ranked: tier 4

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) is best known for its refinancing transaction and loan financing work, most notably in the real estate and construction sectors. Practice head Immanuel Gerstner is ‘very well connected’.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 4

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) advises its broad client base on all phases of M&A transactions, restructurings and general corporate matters. The ‘very experienced’ Gerald Schmidsberger, who is praised as having strong business acumen, heads the team along with Ernst Chalupsky. Clemens Harsch and Irene Meingast were recently elevated to the partnership.

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Dispute resolution
Dispute resolution - ranked: tier 3

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Analytical and strategic thinker’ Markus Fellner heads the ‘very good’ team at Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm), which advised Tobaccoland on the filing of a lawsuit against the Republic of Austria objecting to the demand for prepayments to the state, which the company regards as unconstitutional.

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EU and competition
EU and competition - ranked: tier 4

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) provides general antitrust advice, including compliance matters and is particularly active in cartel proceedings. Christina Hummer is the main contact. Markus Fellner is ‘an outstanding lawyer’.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 3

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) provides restructuring and refinancing advice to debtor companies and assists creditors with the enforcement of claims. Ernst Chalupsky acted as liquidator for Doubrave in insolvency proceedings.

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Public law
Public law - ranked: tier 3

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

With a strong focus on public planning and environmental law, Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) is involved in a large number of energy and infrastructure projects and also handles contentious proceedings. The ‘very precise’ Markus Nußbaumer has been assisting Energie AG Umwelt Service with the expansion of its waste disposal site in Unterhart in Upper Austria.

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Public procurement
Public procurement - ranked: tier 3

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

The ‘very precise’ Hanno Liebmann heads the ‘client-focused’ team at Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm), which has a strong profile in infrastructure, construction and energy projects. The group often acts for the state of Upper Austria in tendering and review procedures.

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Real estate and construction
Real estate and construction - ranked: tier 2

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Alexander Hüttner heads the ‘pragmatic’ team at Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm), which comprehensively covers the real estate sector. The ‘very well connected’ Immanuel Gerstner advised Morgan Stanley Real Estate Fund on the acquisition of the Millennium Tower in Vienna. Clemens Harsch and Irene Meingast were elevated to the partnership.

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Legal Developments by:
Saxinger, Chalupsky & Partners

  • First leniecy applicant fined due to negligent non-cooperation

    On April 14, 2010 the Austrian Cartel Court released a decision1 imposing an overall fine of EUR 1.52 million on four companies participating in a cartel in the printing chemical sector. The investigation of the cartel by the Austrian Federal Competition Authority was triggered by a leniency application. As in other jurisdictions, if all requirements are fulfilled no fine will be imposed on the first leniency applicant for his cooperation. However, in this particular case, the first leniency applicant negligently failed to fulfil its obligation of full cooperation. Consequently, the Austrian Federal Competition Authority requested the Austrian Cartel Court to impose a fine on the first leniency applicant.
    - Saxinger Chalupsky & Partners Rechtsanwälte G

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Hungary: Amendment to the Civil Code in order to foster lending

    On 13 June 2016 the Hungarian Parliament adopted an amendment to the Civil Code which entered into force two years ago. The main body of the amendment will enter into force on 1 October 2016, and reintroduces the independent mortgage ( önálló zálogjog ) which used to be part of the Hungarian secured transactions regime under the former civil code, and refines the rules of the security deposit ( óvadék ). read more...
  • CJEU rules on liability of marketplace operators for trademark infringements

    Should landlords care about their tenants' IP infringements? According to the Court of Justice of the European Union (CJEU), they should!
  • Poland: Act on Windfarms and Amendments to the Act on Renewable Energy Sources

    On 27 June 2016 the Polish President signed a new bill introducing changes to the Act on Renewable Energy Sources (" Amending Act "). On 22 June 2016 the President signed a new Act on investments in wind power plants (" Act on Windfarms "). Both acts have been widely criticised by the renewable energy sources (" RES ") industry, and on reading they suggest that the current Polish government is willing to significantly reduce support for RES. read more...
  • Bulgaria: The Open Tender for Sofia Aiport Concession Ceased

    On 20 May 2016 the Bulgarian government resolved to begin open tender proceedings for the concession of the Sofia Airport which has been brought to a halt by the Bulgarian Competition Protection Commission. read more...
  • "Brexit" - BrexIP?

    Besides coverage of the UEFA-championship, news of the UK vote on "Brexit" dominated the news last week. While it is too early for an in-depth analysis of the ramifications of a possible "Brexit" on IP rights – not only because despite the vote it is not yet decided whether the UK will in fact withdraw from the EU, but also because the specific mechanisms of such withdrawal will most likely be regulated in an agreement pursuant to Art 50 (2) of the Lisbon Treaty – enterprises should also monitor the developments in this field of law. Below is a small foretaste on issues related to key IP-rights: read more...
  • Czech Republic: Transfer of an Enterprise: Acquisition of Ownership

    The new Czech Civil Code effective 1 January 2014 introduced new rules for determining the moment of legal effectiveness of the transfer of an enterprise.
  • Committed Bribery in the Czech Republic?

    The Czech Government recently submitted a proposal to amend the Czech Penal Code (the " PC ") and the Code of Criminal Procedure (the " CCP ") in respect of, among others [1] , the non-prosecution of bribery under certain circumstances. The proposal [2] was adopted within a month and will come into effect on 1 July 2016 (the " Amendment "). read more...
  • RES in Serbia: New Secondary Legislation Package Adopted

    The long-awaited package of secondary legislation regarding renewables (" Secondary Legislation ") was finally adopted by the Government of Serbia on 13 June 2016.
  • Finally! Some Room Left for Direct Transactions with Securities of Moldovan Joint-Stock Companies

    It is no secret that the Act no.171/2012 on Capital Markets (which entered into force in 2013), together with numerous changes to Act no.1134/1997, and in addition the recent abolition of Act no.199/1998 on Securities Markets, cumulatively have significantly changed the rules of direct transactions with securities in Moldovan joint-stock companies ("JSC"). As a consequence, fears arose that such possibility would no longer exist. read more...
  • Serbia: New Inspection Act in effect: be inspection-ready

    The new Inspection Act came into force on 29 April 2015, with the majority of its provisions coming into effect as of 29 April 2016.