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Saxinger, Chalupsky & Partners (SCWP Schindhelm)

W√ĄCHTERGASSE 1, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 905 01 00
Email:
Web:
www.scwp.com
Bratislava, Budapest, Graz, Linz, Pilsen, Prague and 2 more

Austria

Administrative law and public sector
Administrative law and public sector - ranked: tier 3

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) covers public construction, planning and environmental law, advising on environmental impact assessments and the public law aspects of infrastructure, waste management and raw material extraction projects. Highlights included practice head Hanno Liebmann acting for subsidiaries of the Swiss Implenia Group on the construction of the Semmering tunnel and Markus Nussbaumer assisting construction materials company Asamer with environmental impact assessments relating to the redevelopment and expansion of a quarry and gravel pit.

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Banking and finance
Banking and finance - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm)¬†has specialist expertise in real estate and project finance and a niche in crowd investment models but also handles restructuring and regulatory matters. In recent work, team head Immanuel Gerstner¬†assisted IFA Institut f√ľr Anlageberatung (ifa) with the structuring and implementation of a crowd investment model, and¬†Thomas Ruhm¬†advised CC1 Immobilien on mezzanine and shareholding finance matters. Franz Mittendorfer¬†is another key contact, as is Matthias Steyrer, who joined the team in April 2018 from an in-house role. Fritz Ecker¬†and Lukas Leitner¬†made salary partner in October 2017.

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

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

With offices in Vienna, Linz, Wels and Graz, Saxinger, Chalupsky & Partners (SCWP Schindhelm) has a strong regional presence and handles a wide range of transactional and corporate matters with a particular focus on the real estate sector. Immanuel Gerstner, who regularly acts at this intersection, advised Morgan Stanley Real Estate Investing and CC Real Group on the sale of Nimos Immobilienprojekt, and in other work, Franz Mittendorfer advised the seller on the sale of Bernecker + Rainer Industrie-Elektronik to ABB Group, and Thomas Ruhm assisted Baumit Beteiligungen with its acquisition of w&p Baustoffe. Gerald Schmidsberger is another key member of the team, which includes Matthias Steyrer, who joined the team in April 2018 from an in-house role.

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Dispute resolution: arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) has strong regional presence in Upper Austria and particular expertise in commercial disputes, while its clients also benefit from the team's experience in China-related disputes. Recently, the team successfully represented a Czech company in VIAC proceedings against a major Chinese state-owned entity pertaining to payment claims. Practice head Markus Fellner acts for SGS Industrial Services in cross-border ICC arbitration proceedings against a Chilean subsidiary of Andritz concerning outstanding payment obligations.

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Dispute resolution: commercial litigation
Dispute resolution: commercial litigation - ranked: tier 3

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) has a strong regional presence in Upper Austria and frequently acts for clients in various commercial and corporate disputes, including those at the intersection with white-collar crime and antitrust law alongside IP, employment and construction law. Hanno Liebmann is acting for Tobaccoland Handels and JTI Austria in proceedings against the Republic of Austria pertaining to the Tobacco Monopoly Act. Markus Fellner heads the team, which includes 2018 arrival Fabian Hanz; Hanz previously worked independently.

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EU and competition
EU and competition - ranked: tier 3

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

The 'first-class' team at Saxinger, Chalupsky & Partners (SCWP Schindhelm) advises on cartel investigations, merger control, dawn raids and follow-on damages claims, among other matters. 'Pragmatic', 'hands-on' practice head Christina Hummer, who divides her time between Vienna and Brussels, represented employees of Kaefer who were facing criminal sanctions for bid rigging before the General Federal Competition Prosecutor and the Prosecutor for Corruption; this was the first Austrian cartel case where employees subject to criminal prosecution applied for personal leniency. Markus Fellner, who is 'precise in his advice' and 'never loses sight of the practical needs of the client', assisted transport and logistics company Gartner with two merger control filings in Germany and Austria concerning its acquisition of German transport company Gustav Ziegler. Senior partner Wolfgang Lauss is advising the Business Upper Austria agency on whether a government subsidy granted to the client could constitute state aid.

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

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Primarily operating from its Wels office in Upper Austria, but also present in Vienna and Graz, the team at Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) advises debtors and creditors alike on all aspects of insolvency, restructuring (with a particular focus on Chinese companies) and distressed M&A. The team consists of team head Ernst Chalupsky; Gerald Schmidsberger; Alexander Anderle, who routinely acts as an insolvency administrator; Christian Pindeus and Fritz Ecker.

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Intellectual property
Intellectual property - ranked: tier 5

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

With offices in Wels, Lenz and Vienna, Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm) handles a variety of IP work, from trade marks and patents to transaction-related IP work involving know-how transfers and licensing agreements, while clients also benefit from the team’s expertise in internet-related IP matters. The team, which is led by Maximilian Gumpoldsberger and Michael Pachinger, advised SIA Social Impact Award on the acquisition and administration of the EU trade mark Social Impact Award from Vienna University of Economics and Business, which included the drafting of the trade mark transfer agreements and registration of the transfer.

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Private client
Private client - ranked: tier 3

Saxinger, Chalupsky & Partners Rechtsanwälte GmbH (SCWP Schindhelm)

Based in Upper Austria, the private client team at Saxinger, Chalupsky & Partners Rechtsanw√§lte GmbH (SCWP Schindhelm)¬†is noted for its ‚Äėexceptional know-how‚Äô, ‚Äėtransparency‚Äô and ‚Äėreliability‚Äô. It¬†advises family-owned companies, private foundations and renowned high-net-worth individuals on succession, inheritance and corporate structuring matters, both Austrian and cross-border. In addition, the firm regularly acts on the private client aspects of substantial transactions. Gerald Schmidsberger¬†has ‚Äėexceptional industry knowledge'. Also recommended are Franz Mittendorfer¬†and Birgit Leb.

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Public procurement
Public procurement - ranked: tier 3

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm)'s 'highly experienced and reliable' team has a strong presence in Upper Austria and advises public authorities on the full spectrum of public procurement law including tender and review procedures, PPP projects and contentious matters. Team head Hanno Liebmann is advising Asfinag on public procurement matters pertaining to the redevelopment of the Arlberg tunnel. Edwin Scharf made salary partner in October 2017.

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Real estate
Real estate - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Much of Saxinger, Chalupsky & Partners (SCWP Schindhelm)'s work pertains to real estate finance and M&A as well as disputes and development projects with clients praising its 'competence, focused approach and professional conduct in negotiations'. Practice head Immanuel Gerstner advised Soravia Equity on the conclusion of a building rights agreement with Austro Control with regards to the construction of the high-rise project Austro Tower; this instruction included assistance with lease agreements, public procurement and finance issues. Lukas Leitner made salary partner in October 2017.

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Further information on Saxinger, Chalupsky & Partners (SCWP Schindhelm)

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Austria

Offices in Linz, Wels, Vienna, and Graz

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda
  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda
  • Consent or pay ‚Äď a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as ‚Äď at least in Austria ‚Äď online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda
  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

     
    - Dorda
  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda
  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda