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The firm: Lugger | Bankler is a modern, independent Austrian business law firm. The firm provides clients with personal, individual and efficient legal advice to the highest professional standards.

The firm advises national and international commercial entities, as well as public institutions in the areas of business and commercial law. It also advises private clients on commercial issues. The firm’s major practice areas are corporate, M&A, commercial, banking and finance, and dispute resolution. Further it focuses on environmental law and energy law.

Areas of practice: Corporate: the firm advises businesses of all sizes both in Austria and abroad on corporate matters. It matches its expertise to the specific needs of clients’ businesses, whether it is a small or mid-sized business or a multi-national enterprise. The firm especially advises on incorporation of companies, restructuring, preparation of shareholder meetings, board meetings and resolutions, corporate compliance, as well as, and any kind of, corporate housekeeping.

Mergers and acquisitions: the firm’s lawyers assist clients in national and transnational transactions. It advises and supports clients on the acquisition and sale of companies from the letter of intent, due diligence, negotiating and drafting of the contract through to the closing. The firm also advises on strategic reorganisations, mergers and de-mergers.

Commercial: the firm offers a full spectrum of commercial legal services to national and international entities of all sizes, from start-up businesses, small and medium-sized business to the large corporate enterprises. It advises on all aspects related to the law of contracts, in particular distribution law, as well as on the restructuring of companies.

Litigation, arbitration: the firm represents national and international entities and public authorities, as well as private clients in civil proceedings before state courts and in arbitration proceedings. This is one of the firm’s core areas of practice and its services also cover preliminary remedies and enforcement of (foreign) judgments and arbitration awards. Further the firm offers a full service legal claim management for prompt and efficient debt collection.

Public administrative: the firm covers environmental law, water management, energy, trade law/trade licences, plant authorisations, waste management, representation in administrative proceedings before public authorities, and representation in proceedings before Austrian constitutional and administrative courts.

Banking and finance: the firm offers legal advice to Austrian and international financial institutions and corporates in the areas of banking and finance. The firm’s experts have many years of experience in all areas of banking supervisory law. It also advises in the area of payment services law.

Environmental: the firm provides advice in connection with all issues of environmental law. This includes, in particular, industrial plant law, water law and contamination proceedings. The firm represents clients in administrative procedures before public authorities and before the Austrian Administrative and Constitutional Court.

Energy: the firm provides advice to national and international companies in the field of energy law. It represents clients before administrative authorities and courts in all issues of energy law.

Employment: the firm advises Austrian and international clients on all areas of labour law. It provides assistance in drafting and negotiating employment agreements, agreements for boards of directors and managing directors and shop agreements. The firm advises on labour-related matters in the course of company acquisitions and restructuring measures.

Real estate: the firm advises clients on real estate transactions of any kind and size. It especially assists in purchasing and selling properties and in development of condominiums. The firm also provides advice on all aspects of tenancy and residential property law. Its key areas also include landlord-tenant disputes and assistance with claim management.

  • Contacts

  • Kersten Bankler

  • Stefanie Lugger

  • Number of lawyers: 4
  • Languages
  • English
  • French
  • German
  • Italian
  • Turkish

Above material supplied by Lugger | Bankler.

Legal Developments in Austria

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

    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?
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    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 .
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    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:
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  • Consent or pay – 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 – at least in Austria – 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:
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  • 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.
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    fwp helps find a new mega arena location

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

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  • 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.
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  • Austrian "White List"

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