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CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

GAUERMANNGASSE 2, 1010 WIEN, AUSTRIA
Tel:
Work +43 1 40 44 30
Fax:
Fax +43 1 40 44 39 00 00
Email:
Web:
www.cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 67 more

Austria

Administrative law and public sector
Administrative law and public sector - ranked: tier 4

CMS

CMS' practice covers trade, environmental, waste management, state aid, planning and data protection law, with clients from the logistics, life sciences and healthcare, education, construction and energy sectors. Bernt Elsner leads the team, which also includes Robert Keisler and Thomas Hamerl. Strabag, the European Bank for Reconstruction and Development, Porr and Nögig, the project for broadband coordination in Lower Austria, are among the firm's clients.

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Banking and finance
Banking and finance - ranked: tier 2

CMS

CMS¬†acts for an extensive roster of financial services providers, private equity firms and real estate sector clients on a wide range of banking and finance matters including those at the transactional and corporate intersection. G√ľnther Hanslik¬†frequently handles finance transactions and restructurings and, in recent work, advised TowerBrook Capital Partners on the financing of the acquisition of Austrian softwood fibre manufacturer Schweighofer Fiber, and¬†Alexander Rakosi¬†assisted Cooper Standard with a master factoring structure. Martin Zuffer¬†is best known for his regulatory banking expertise.

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Capital markets
Capital markets - ranked: tier 4

CMS

While CMS¬†has recently handled more DCM matters, the team also has substantial experience in ECM work, advising on IPOs, secondary offerings and debt issuances alongside regulatory matters. Team head Martin Zuffer¬†advised Best in Parking Group on its ‚ā¨175m debt issuance programme and its admission to the official market of the Vienna Stock Exchange, among other matters. In the regulatory space, the Vienna Stock Exchange retained the team to assist with the restructuring of its Third Market segment. Other clients include Credit Suisse (Hong Kong) and J.P. Morgan.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 3

CMS

CMS' strength lies in providing assistance with M&A transactions, while also advising on the full corporate life cycle. Managing partner Peter Huber, who jointly heads the team with Rainer Wachter, advised Johnson & Johnson on the sale of a large business across various jurisdictions, and Clemens Grossmayer assisted TowerBrook Capital Partners with the acquisition of Schweighofer Fiber, and, together with the firm's Budapest office, Alexander Rakosi advised the Austrian packaging group Alpla on the acquisition of all shares in Greek company Argo. Johannes Trenkwalder is another key individual.

Leading individuals

Peter Huber - CMS

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Construction
Construction - ranked: tier 2

CMS

CMS¬†handles contentious and non-contentious construction law mandates for a wide range of clients, including construction companies and architects active in the domestic and international sphere, property investors, hotel operators and owners, property developers, and banks. Construction head Nikolaus Weselik¬†advised Porr and Spanish construction company and consortium partner Ferrovial on¬†the drafting of a contract for the¬†‚ā¨900m Bratislava bypass infrastructure project. For new client Appia Contract, he handled the reconstruction of spa hotel Moorbad in Lower Austria. Acting for the government of the province of Lower Austria (n√∂GIG), Thomas Hamerl¬†advised on construction contacts, design and planning, as well as public procurement and concessions matters concerning the development and construction of a glass fibre broad network for about 115,000 households and businesses.

Leading individuals

Nikolaus Weselik - CMS

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

CMS

CMS' team is jointly headed by Johannes Reich-Rohrwig and Daniela Karollus-Bruner and is experienced in representing clients in post-M&A, commercial and investor-state proceedings spanning various industries including energy, banking, construction and engineering.

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

CMS

At CMS, co-head Daniela Karollus-Bruner is well equipped to guide clients through insurance-related litigation but the team also handles other commercial and corporate litigation work. Karollus-Bruner assisted Quantum Insurance with proceedings pertaining to a life insurance product and, together with fellow co-head Johannes Reich-Rohrwig, acted for Austrian Airlines in several proceedings including a dispute pertaining to capital increase payments.

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EU and competition
EU and competition - ranked: tier 4

CMS

Bernt Elsner, who is noted for his experience in cross-border merger control matters, heads the practice at CMS, covering cartel law, merger control, abuse of dominance, state aid and antitrust compliance and damages matters. Dieter Zandler is also a key member of the team; he regularly represents international and Austrian clients before the national competition authorities and the European Commission.

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Employment
Employment - ranked: tier 1

CMS

The team at CMS is experienced in the full range of contentious and non-contentious employment law, advising national and international clients on collective agreements, social plans, disputes involving works councils and individual employees, and pension issues, among other matters. Bernhard Hainz heads the practice; Christoph Wolf specialises in acting for formerly state-owned companies and advising on compliance projects; and Jens Winter has a particular expertise in the implementation and realisation of company restructurings, spin-offs and mergers and domestic and international transfers of operations.

Leading individuals
Next Generation Partners

Jens Winter - CMS

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

CMS

Advice on corporate and financial restructurings, insolvency law and transactions, especially distressed M&A, in Austria and in the CEE region are major fields of activity for CMS. G√ľnther Hanslik¬†leads the team, which also includes Alexander Rakosi.

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Intellectual property
Intellectual property - ranked: tier 2

CMS

CMS’ offering in the IP field is comprehensive and includes contentious and non-contentious work in trade marks, patents, copyright and unfair competition law. Equally wide ranging is the team's industry coverage, with domestic and international clients from the media, sports, pharmaceutical and medical device, biotechnology and IT sectors. Team leader Egon Engin-Deniz is assisting Marriott with trade mark cancellation proceedings, and is acting for Falco Privatstiftung in copyright litigation against an individual claiming co-authorship of various Falco songs. Gabriela Staber, who was promoted to partner in January 2018, is representing pharmaceutical company Johnson & Johnson in trade mark, design and unfair competition proceedings regarding its medical devices.

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Private client
Private client - ranked: tier 1

CMS

CMS acts for company owners, senior management, high-net-worth individuals, family companies and private foundations. Known for its wide-ranging services in the private client field, the firm advises on corporate and tax, property, family, and succession law issues. Team head Johannes Reich-Rohrwig assists clients with the establishment as well as the revision of private foundations and sits on the board of a several private foundations.

Leading individuals

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Projects and energy
Projects and energy - ranked: tier 2

CMS

Working in close co-operation with other departments such as public procurement, real estate and construction, CMS' public procurement head Bernt Elsner advised Strabag and its joint venture partner Salini Impregilo on various matters pertaining to the construction of the main section of the Brenner tunnel, a 55km railway tunnel between Austria and Italy, and head of infrastructure and projects Thomas Hamerl is advising the regional government of Lower Austria on the development of a broadband glass fibre network. Johannes Trenkwalder is the main contact for energy sector work.

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Public procurement
Public procurement - ranked: tier 2

CMS

CMS assists with public tender procedures and PPP projects and has particular expertise in the infrastructure, construction, waste, life sciences and healthcare sectors alongside the transport and technology industries. In recent work, Thomas Hamerl and team head Bernt Elsner assisted Porr with the procurement procedure for the PPP project Berresgasse Campus. Robert Keisler is another key contact.

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Real estate
Real estate - ranked: tier 3

CMS

Working closely with its construction practice, CMS receives regular instructions from property investors, hotel operators and owners, developers and banks to advise on various contentious and non-contentious matters including transactions, lease agreements, franchise and hotel-related contracts as well as project development issues. In the transactional space, Johannes Hysek assisted Allianz Real Estate Germany with the acquisition of the office project The Icon Vienna. Nikolaus Weselik heads the team.

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TMT
TMT - ranked: tier 5

CMS

Handling contentious and non-contentious IT and data protection matters is a significant element of CMS' 'smart and responsive' TMT practice, which is led by Johannes Juranek. He recently assisted the largest Austrian medicinal chemistry laboratory with GDPR implementation matters. Dealing with issues at the intersection of IT and IP constitutes another key area of expertise, while Gabriela Staber, who made partner in February 2018, focuses on matters at the interface between IP and media law; she recently handled various apps-related regulatory issues.

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Tax
Tax - ranked: tier 4

CMS

CMS has transactional and corporate tax at its core but also handles private client work, including tax structuring and private foundations issues, VAT and investment funds-related matters. Team head Sibylle Novak advised VTB Bank on various tax issues pertaining to the client's merger with its European operations, and assisted Synergie International Employment Solutions with tax law aspects concerning the acquisition of an 80% stake in Völker Personalbereitstellung.

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Further information on CMS

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

United Arab Emirates

Offices in Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, and Brussels

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia and Sofia

China

Offices in Beijing, Beijing, and Shanghai

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Germany

Offices in Hamburg, Frankfurt, Stuttgart, Berlin, Leipzig, Dusseldorf, Cologne, and Munich

Algeria

Offices in Algiers

Spain

Offices in Madrid, Malaga, Seville, Madrid, and Barcelona

France

Offices in Paris, Strasbourg, and Lyon

Hong Kong

Offices in Hong Kong and Hong Kong

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

Lebanon

Offices in Beirut

London

Offices in London EC4N and London EC3A

Luxembourg

Offices in Luxembourg

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

North West

Offices in Manchester

Oman

Offices in Muscat

Poland

Offices in Warsaw and Poznan

Portugal

Offices in Lisbon

Romania

Offices in Bucharest

Russia

Offices in Moscow

Scotland

Offices in Edinburgh, Glasgow, and Aberdeen

South East

Offices in Reading

Singapore

Offices in Singapore, Singapore, and Singapore

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich, Geneva, and Geneva

Turkey

Offices in Istanbul and Elmadańü/ŇěiŇüli

Ukraine

Offices in Kiev and Kiev

Yorkshire and the Humber

Offices in Sheffield S2 and Sheffield S2

Serbia

Offices in Belgrade

Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

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