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Wolf Theiss

SCHUBERTRING 6, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 515 10
Email:
Web:
www.wolftheiss.com

Austria

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

Wolf Theiss

Wolf Theiss’s team is led by Kurt Retter and acts for clients across a range of industries including energy, infrastructure, healthcare and gaming. The team assisted Austrian Power Grid with proceedings for the renewal of the 110km long 220kV high voltage line St. Peter am Hart - Ernsthofen. Other work includes advice on gambling and environmental law matters.

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Banking and finance
Banking and finance - ranked: tier 1

Wolf Theiss

The ‘very competent’ and ‘strong’ team at Wolf Theiss is also ‘very responsive’ and provides ‘very thorough and detailed’ advice on commercial lending, project finance and private equity alongside regulatory and securitisation matters. The ‘very solution-oriented and experiencedAndreas Schmid has ‘excellent industry knowledge’ and together with Marcell Nemeth, who made partner in April 2017, he advised a consortium of Allianz Capital Partner and Snam on the financing of the acquisition of a 49% stake in Gas Connect Austria. In another highlight, Schmid and ‘very quick and client-oriented’ counsel Michaela Zakharian assisted Erste Group Bank with the refinancing of a portfolio of six OBI stores in Austria and three in Slovakia following Accelerate Property Fund Europe’s acquisition of these OBI stores via a share deal from Supernova. Markus Heidinger heads the team.

Leading individuals

Andreas Schmid - Wolf Theiss

Markus Heidinger - Wolf Theiss

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Capital markets
Capital markets - ranked: tier 1

Wolf Theiss

Wolf Theiss’ ‘very professional and friendly’ team is led by Markus Heidinger and covers the gamut of capital markets work, from bond transactions and public takeovers to regulatory matters and IPOs, which leads to a steady stream of instructions from national and international investment banks. Alexander Haas advised Raiffeisen Bank International on the issuance of €650m 6.125% AT1 notes, and together with Claus Schneider, he assisted the joint lead managers Banco Bilbao Vizcaya Argentaria, J.P. Morgan Securities and UniCredit Bank Austria with the placement of a €500m bond for Telekom Finanzmanagement. In other work, Haas advised the European Bank of Reconstruction and Development (EBRD) on the issuance of floating rate bonds. Richard Wolf and Andrea Gritsch are recommended.

Leading individuals

Richard Wolf - Wolf Theiss

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

Wolf Theiss

Wolf Theiss’ ‘professional’ team is well versed in advising corporations, financial institutions and private equity clients on M&A matters and frequently works in conjunction with the firm’s finance, tax, dispute resolution and real estate teams, among others. Christian Mikosch and the ‘very organised and responsiveHorst Ebhardt advised Allianz Capital Partners on the acquisition of a 49% stake in Gas Connect Austria from OMV, while Hartwig Kienast assisted REWE International with the sale of its Croatian Billa operations, including 62 supermarkets, to its competitor SPAR. Christian Hoenig is recommended; Michael Lind left the firm for an in-house position.

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Construction
Construction - ranked: tier 1

Wolf Theiss

Wolf Theiss is ‘solution-oriented’ and has ‘great team spirit’ as well as notable experience in representing construction companies in disputes and contractual matters. ‘Quick and reliable’ team head Wolfgang Müller represented Porr as plaintiff against its employer ASFiNAG in a €70m dispute over two construction contracts, while the ‘outstanding’ Thomas Anderl, who was promoted to the partnership in April 2017, and ‘extremely supportive and fast’ senior associate Hannah Schaflinger assisted Pensionsversicherungsanstalt with the evaluation of construction and planning contracts for two healthcare facilities.

Leading individuals

Wolfgang Müller - Wolf Theiss

Next generation lawyers

Thomas Anderl - Wolf Theiss

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EU and competition
EU and competition - ranked: tier 2

Wolf Theiss

Commended for its wide-ranging contentious and non-continuous experience, Wolf Theiss’ ‘very good’ team acts across various industry sectors with a focus on retail, financial services, pharmaceuticals, construction, transport and media. ‘Smart, pragmatic and commercially minded’ team head Günter Bauer represented WM Holding in merger control proceedings before the European Commission with regards to the acquisition of joint control, alongside private equity company Clayton Dubilier & Rice, over French home equipment retailer BUT.

Leading individuals

Günter Bauer - Wolf Theiss

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Employment
Employment - ranked: tier 1

Wolf Theiss

Wolf Theiss has a strong profile for restructuring-related employment work across the CEE and SEE regions including works council and social plan negotiations. ‘Strong intellectual mind’ and team head Ralf Peschek advised Artesyn Embedded Technologies on employment law matters pertaining to the closure of its Austrian plant as part of the group’s worldwide restructuring programme, which included social plan negotiations. Counsel Walter Pöschl and the ‘reliable and thoroughMatthias Unterrieder are also recommended.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 2

Wolf Theiss

Able to handle an enormous degree of complexity’, Wolf Theiss draws on the firm’s banking and finance, corporate, real estate and litigation practices to assist with large-scale corporate and financial restructurings. With a specialism in acting for banks and banking consortiums, the recommended Andreas Schmid advised an international lenders’ consortium, led by Raiffeisenlandesbank Oberösterreich, on the financial restructuring of the indebted construction material group Asamer. Gabriele Etzl joined Jank Weiler Operenyi in November 2017.

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Intellectual property
Intellectual property - ranked: tier 2

Wolf Theiss

Wolf Theiss is ‘very solution-oriented and experienced’ and covers a broad range of IP work with a significant emphasis on litigation. Recommended team head Georg Kresbach acted for MCM Holding in copyright infringement proceedings and defended Biomet Austria against allegations of contributory know-how infringements brought by Heraeus Kulzer. Roland Marko is another key member of the team.

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Private client
Private client - ranked: tier 2

Wolf Theiss

Noted for its ‘hands-on approach’ and international capabilities, Wolf Theiss assists high-net-worth individuals and families with a wide range of estate, tax and succession planning matters including investment advice and related litigation. Handling fiscal criminal matters constitutes another key element of the practice, which is co-led by Karl Binder and the ‘dedicated and professional’ Niklas Schmidt.

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Projects and energy
Projects and energy - ranked: tier 2

Wolf Theiss

Wolf Theiss provides ‘very thorough advice’ on the construction and financing of energy and infrastructure projects, including related disputes, and frequently works in conjunction with the firm’s corporate, finance, regulatory, public procurement and real estate practices. Thomas Anderl, who was promoted to the partnership in April 2017, and the ‘experienced’ Manfred Essletzbichler assisted the Austrian Development Agency with several supervision and construction contracts for a flood protection infrastructure project in Serbia. Andreas Schmid heads the team, which was further strengthened by the arrival of Stefan Riegler from Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG.

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Public procurement
Public procurement - ranked: tier 1

Wolf Theiss

Providing ‘high-quality services’, Wolf Theiss acts for contracting authorities and bidders in public tender procedures and procurement review proceedings. Sebastian Oberzaucher represented Wiener Zeitung Digitale Publikationen in two-staged tender procedures pertaining to the purchase of a distribution licence for an e-procurement platform, while the ‘very smart and professional’ Manfred Essletzbichler and the ‘hard-working’ Silvia Fessl advised the provincial government of Lower Austria on tender procedures for insurance services, among others.

Leading individuals

Manfred Essletzbichler - Wolf Theiss

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Real estate
Real estate - ranked: tier 1

Wolf Theiss

Wolf Theiss’ ‘very professional’ and sizeable team is frequently involved in the market’s most significant transactions, having substantial domestic and cross-border capabilities and the ability to call on colleagues in the firm’s solid corporate, finance and construction practices. ‘Convincing negotiator’ and ‘pragmatic’ team head Peter Oberlechner, who attracts praise for his ‘extensive experience’ and ‘strategic approach’, advised Union Investment Real Estate on the purchase of the office project development QBC 3 as a forward deal. Counsel Birgit Kraml and Karl Binder are recommended. Gabriele Etzl joined Jank Weiler Operenyi in November 2017.

Leading individuals

Peter Oberlechner - Wolf Theiss

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TMT
TMT - ranked: tier 3

Wolf Theiss

Wolf Theiss’ ‘knowledgeable’ team covers IT, data protection and e-business work. The recommended Roland Marko advised Sberbank Europe on the implementation of a data protection management system, and assisted Orange Business Services with licensing, data retention and data protection issues alongside user monitoring matters. In other work, the team advised Kelag on issues arising from the operation of an online platform. Georg Kresbach heads the practice.

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Tax
Tax - ranked: tier 1

Wolf Theiss

Providing excellent service’, Wolf Theiss’ ‘very good’ practice handles the full spectrum of contentious and non-contentious tax work and frequently provides advice on corporate tax, tax planning and financial products. ‘Highly qualified’ co-head Niklas Schmidt advised private equity company Eurazeo on tax matters arising from the acquisition of a portfolio of 85 budget and mid-range hotels from AccorHotels, and assisted a number of clients, including Barclays, Banco Santander and BayernLB, with tax issues pertaining to the issuance of various financial products offered to retail investors in Austria. Benjamin Twardosz joined CHSH Cerha Hempel Spiegelfeld Hlawati in January 2018.

Leading individuals

Niklas Schmidt - Wolf Theiss

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Austria: Dispute resolution

Arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 1

Wolf Theiss

Wolf Theiss’ ‘strong’ team is experienced in investment arbitrations and corporate and commercial disputes involving construction, energy and telecommunication sector players across the CEE and SEE region. After joining from Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG in November 2017, Stefan Riegler now heads the team, which includes ‘knowledgeable, diligent and very diplomatic’ counsel Venus Valentina Wong.

Next generation lawyers

Venus Valentina Wong - Wolf Theiss

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

Wolf Theiss

Wolf Theiss’ ‘highly respected’ team is well equipped to guide clients through a wide range of commercial litigation and frequently acts for financial services providers, pharmaceuticals, IT and telecom sector players and manufacturers: in a recent highlight, the ‘very experienced and highly professional’ Eva Spiegel defended an Austrian bank against class action proceedings initiated by the Austrian consumer protection agency. Clemens Trauttenberg heads the team, which also includes the ‘smart, thorough and well-preparedHolger Bielesz and the ‘very dedicated and committed’ Valerie Hohenberg, who was elevated to the partnership in 2017. Stefan Riegler joined from Baker McKenzie • Diwok Hermann Petsche Rechtsanwälte LLP & Co KG.

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White-collar crime (including fraud)
Dispute resolution: white-collar crime (including fraud) - ranked: tier 2

Wolf Theiss

As part of the firm’s dispute resolution department, Wolf Theiss’ team handles a wide range of white-collar crime work including fraud, corruption, asset recovery and cybercrime cases as well as internal investigations and compliance. Clemens Trauttenberg heads the team, which includes ‘asset tracing expert’ and newly promoted partner Valerie Hohenberg. Clients include Atrium European Real Estate, the Austrian National Bank and the Austrian state of Lower Austria.

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Further information on Wolf Theiss

Please choose from this list to view details of what we say about Wolf Theiss in other jurisdictions.

Albania

Offices in Tirana

Austria

Offices in Vienna

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia

Croatia

Offices in Zagreb, Rijeka, and Split

Czech Republic

Offices in Prague

Hungary

Offices in Budapest

Montenegro

Poland

Offices in Warsaw

Romania

Offices in Bucharest

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

Ukraine

Offices in Kiev

Serbia

Offices in Belgrade

Legal Developments by:
Wolf Theiss

  • EU TRANSACTION TAX: ADDITIONAL BURDENS ON BANKS?

    The finance ministers of the European Union met again last week to discuss the plan of introducing a single EU financial transaction tax. According to the plan, a 0.1 percent tax would be levied on bond and capital transactions, while a 0.01 percent tax would be charged on derivatives transactions.
    - Wolf Theiss

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 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
  • 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