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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Serbia: Amendments and Supplements to Planning and Construction Act

    In December 2014, two sets of amendments to the Planning and Construction Act were published in nos. 132/2014 and 145/2014 of the Official Gazette of the Republic of Serbia (collectively " New PCA ").  read more...
  • Romania: Dissolution of Rasdaq market - potential unwanted effects on companies

    At the end of 2014, the Romanian parliament passed a law whose main purpose is to dissolve the Rasdaq market and unlisted securities markets. These measures must be implemented by 27 October 2015. Considering the potential significant disruptions that may occur in the activity of the companies it targets, this law is important for its addressees, but also for their suppliers, sponsors, and contractual partners.  read more...
  • Slovenia: Energy Performance Certificate (EPC) - Additional Burden on Real Properties’ Owners or W

    Proposed EPC is not mandatory for all buildings
  • AT: "Fair procurement" - initiative requires MEAT as sole award criterion for construction contracts

    In March 2014, three new EU Directives on public procurement law ("new Directives") entered into force, introducing significant adjustments to the current regime such as new procedures, new provisions on award criteria, and new exclusion grounds. At the same, a discussion has been unleashed in Austria placing the issue of wage dumping and social dumping in relation to public construction contracts. Experience has demonstrated that applying price-only criteria contributes to ruinous price wars and destructive competition in the construction industry. The key concern of the so-called "fair procurement" initiative is to preserve jobs and foster SMEs by establishing the mandatory application of the best quality/price ratio (instead of only the lowest price). Against this background, the Austrian government is currently in the process of discussing/preparing an amendment to the Federal Procurement Act that is intended to enter into force even before the implementation of the new Directives (April 2016). The amendment inter alia deals with: read more...
  • Croatia: Agency continues resale price maintenance battle in food and retail sectors

    On November 10 2014 the Competition Agency announced that it had concluded another proceeding dealing with resale price maintenance, as prohibited under Article 8 of the Competition Act[1], which mirrors Article 101 of the Treaty on the Functioning of the European Union.  read more...
  • Poland: New Consumer Rights Act and new rules of sales for everybody

    On 25 December 2014, the Consumer Rights Act, which also amended the Civil Code and introduced several new regulations on sales contracts concerning goods and services, entered into force. The Act's regulations impose new obligations on entrepreneurs executing contracts with consumers, in particular entrepreneurs involved in distance sales or off-premises sales, but should these entrepreneurs be the only ones paying special attention to the amendments?  read more...
  • Slovenia: I’m Back – (Re)Introduction of Silent Partnerships (Light)?

    Proposed amendment to the Slovenian Commercial Company Act
  • Romania: Amendments to the special construction tax

    On 1 January 2014, the Romanian Government introduced a new property tax, namely a tax on constructions. This tax has proven to be controversial, with many deeming it to constitute a severe tax burden for any capital intensive businesses such as energy, telecom, or even retail.  read more...
  • Czech Republic: New EIA legislation may slow down the building-permit procedure

    On 13 December 2011, the new European Directive No. 2011/92/EU on the assessment of the effects of certain public and projects on the environment (hereinafter as the “EIA Directive”), which codified the previous regulation, entered into force. Not for the first time, in April 2013 the European Commission initiated an infringement procedure against the Czech Republic due to the incorrect transposition of the aforementioned Directive that is carried out by Act No. 100/2001 Coll., on environmental impact assessment (hereinafter as the “EIA Act”). read more...
  • Serbia: Long-anticipated Act on Protection of Whistleblowers is finally adopted

    Whistleblowers are often among the most important actors in the fight against corruption. Ensuring effective protection for whistleblowers encourages people to stand up against corruption, human rights violations, and dangers to human life and public health in their surroundings and report what would otherwise not be detected by the authorities. Until recently, the Serbian legal system has not paid much attention to protecting whistleblowers. However, it seems that the situation is now improving, with the Serbian National Assembly’s recent adoption of the long-anticipated Whistleblowers' Protection Act.  read more...