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Saxinger, Chalupsky & Partners (SCWP Schindhelm)

WÄCHTERGASSE 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)

Much of Saxinger, Chalupsky & Partners (SCWP Schindhelm)’s workload consists of public construction, planning and environmental law matters. ‘Reliable’ team head Hanno Liebmann advised the construction company Implenia on various public law matters pertaining to the construction of the Semmering Base Tunnel, including waste management and the disposal of excavated soil. In a separate matter, the team represented Tobaccoland and JTI Austria in administrative proceedings and litigation on tobacco legislation. Thomas Podlesak left the firm in January 2017 for an in-house position.

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Banking and finance
Banking and finance - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Corporate, project and real estate finance work make up the majority of Saxinger, Chalupsky & Partners (SCWP Schindhelm)’s workload along with regulatory advice. Practice head Immanuel Gerstner assisted a subsidiary of UBM Development with a loan facility from Raiffeisenlandesbank Oberösterreich for the acquisition of two real estate SPVs. Thomas Podlesak left the firm in January 2017 to work in-house.

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

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm)’s ‘very committed’ team is noted for its ‘in-depth negotiation expertise’ and its ‘efficiency’ when dealing with transactional, restructuring and general corporate matters. The ‘competent, experienced and reliable’ Franz Mittendorfer advised the shareholders of Bernecker + Rainer Industrie-Elektronik (B&R) on the sale of their shares to Swiss technology group ABB. In a separate matter, Immanuel Gerstner advised Morgan Stanley Real Estate Investing (MSREI) and its investors on the corporate restructuring of an Austrian entity. Gerald Schmidsberger and Ernst Chalupsky co-head the team, which includes Fritz Ecker, Lukas Leitner and the ‘highly experienced’ Christian Pindeus, who all made salary partner in 2017.

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EU and competition
EU and competition - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm)’s ‘experienced’ team has ‘great negotiation skills’ and advises on a range of competition law and state aid law matters including merger control filings. Team head Christina Hummer, who divides her time between Vienna and Brussels, advised Hofer on various competition law matters pertaining to supplier relationships, and represented Pierer Industrie in two merger control filings in Austria and Germany following the acquisition of all shares in the German automobile supplier SHW.

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

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) advises debtors on corporate and financial restructuring matters and provides general insolvency law advice. Christian Pindeus and Fritz Ecker both made partner in 2017 and form part of Ernst Chalupsky’s team.

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Public procurement
Public procurement - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm)’s ‘knowledgeable and reliable’ team assists clients with the preparation and review of tender documents and represents them before procurement control authorities and in civil proceedings. Team head Hanno Liebmann advised ASFiNAG on procurement law matters pertaining to renovation works carried out for the Arlberg tunnel.

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Real estate
Real estate - ranked: tier 4

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) is experienced in advising private and institutional real estate investors and developers on transactions and project development work. The team assisted Immofinanz with the acquisition of a real estate portfolio in Hungary and Romania. Immanuel Gerstner is the key contact.

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Austria: Dispute resolution

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

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) handles post-M&A and commercial disputes: in a recent highlight, ‘strong’ team head Markus Fellner represented SGS Industrial Services in ICC arbitration proceedings against a Chilean subsidiary of Andritz pertaining to outstanding payment obligations. Edwin Scharf made salary partner in October 2017.

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

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) provides ‘well-founded responses’ and represents clients in various commercial, corporate, IP, employment and construction-related disputes. Hanno Liebmann represented the construction company Implenia in two claim management proceedings with subcontractors pertaining to the construction of the new Vienna University of Economics and Business. ‘Focused’ practice head Markus Fellner ‘always keeps an eye on important details’; Edwin Scharf 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
  • Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

    On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.
    - Dorda
  • European Court of Human Rights: Employers have limited rights to monitor employee communications at

    A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media , in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.
  • Potential Hurdle for Acquisitions in Hungary by Non-EU and Non-EEA Investors

    The Hungarian Ministry of the Interior recently submitted a legislative proposal to the Hungarian Government to amend the Act on Hungarian National Security Services (the " Proposal "). The Proposal suggests an amendment pursuant to which investors from non-EU and non-EEA countries who wish to invest in Hungary would have to obtain prior permission from the minister responsible for national security (the " Minister .
  • 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

    The Serbian Commission for Protection of Competition (the " Commissio n") recently intensified its antitrust activities before the new Administrative Act came into effect. In one week alone the Commission initiated four antitrust cases and conducted two dawn raids. 1. What/who will be on the Commission's radar?
  • First Annual Privacy Shield Review to take place in September 2017

    One of the core principles of the EU-US Privacy Shield (" Privacy Shield ") is its Joint Review mechanism, which obliges the European Commission, the US Department of Commerce and the Federal Trade Commission to jointly review the functioning of the Privacy Shield on an annual basis, together with its national security and law enforcement aspects. The very first Joint Review is scheduled for September 2017. This first review is considered especially important, as it will be the first opportunity for US and EU regulators to closely analyse the operation of the Privacy Shield, address possible concerns about its functioning, and seek to ensure that the Privacy Shield continues to be a valid legal basis for transfers of personal data from the EU to the US.
  • The role of the supervisory board in investor relations

    1.Abstract
    - Dorda
  • Constitutional Court's Recent Judgments on Rent in Austria

    The Constitutional Court has recently provided two judgments on 28 June 2017 on the rent control legislation in Austria ruling that the current system for flats complies with Austrian Constitutional Law and the European Convention on Human Rights. The Constitutional Court visibly failed to take the opportunity to initiate a change to the current legislation. Further appeals to the Constitutional Court are likely and worthwhile with the Austrian parties currently involved in their campaigns for the general election in October 2017.
    - Dorda
  • Buy-to-Let Schemes in Austria

    Buy-to-let schemes reached the Austrian market several years ago and have gained increased popularity in the scenic alpine regions of Tyrol, Vorarlberg or Salzburg. Investors acquire condominium ownership in newly constructed hotel facilities and rent out the properties to hotel operators at – ideally – attractive rates. While buy-to-let-schemes can be very lucrative investments, they also raise complex legal and tax questions. With the economic and financial crisis falling into oblivion, investors, however, have become more and more willing to sail these waters.
    - Dorda
  • Hungary: Are Interim Measures Hard to Enforce?

    The Hungarian Parliament recently passed new legislation on arbitration ( Act LX of 2017 on Arbitration , the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018.