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CMS

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-rrh.com
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Austria

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

CMS

CMS focuses on trade, environmental and waste management law while also dealing with state and planning laws. Bernt Elsner’s team advised Förderungsverein der Primärbanken on various regulations pertaining to financial institutions.

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Banking and finance
Banking and finance - ranked: tier 2

CMS

Praised for its ‘strong hands-on approach’, CMS is particularly well versed in project finance, corporate lending and acquisition finance work. Practice head Günther Hanslik advised Erste Group Bank on the financing of its new headquarters in Vienna. Alexander Rakosi is recommended.

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Capital markets
Capital markets - ranked: tier 3

CMS

CMS is well versed in advising on public offerings, capital increases, capital markets transactions and regulatory matters. Practice head Martin Zuffer assisted Best in Parking with its issuance of corporate bonds. Other clients include J.P. Morgan, Citigroup and Merrill Lynch.

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

CMS

CMS’ ‘very organised and responsive’ practice advised Union Investment on the acquisition of all shares in Volksbank Invest and on the purchase of a 95.5% stake in Immo Kapitalanlage. Peter Huber heads the team, which has been assisting energy provider EVN and other clients with cross-border restructurings. Johannes Trenkwalder ‘understands the needs of clients’. Wieland Schmid-Schmidsfelden left the firm to establish Schmid-Schmidsfelden Rechtsanwaltsgesellschaft mbH.

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Construction
Construction - ranked: tier 2

CMS

CMS’ ‘knowledgeable’ team advises a wide range of clients, including investors, property developers, construction firms and banks on contentious and non-contentious matters, often in a cross-border setting. Nikolaus Weselik heads the practice, which acts for key names such as PORR and Hochtief Construction.

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EU and competition
EU and competition - ranked: tier 3

CMS

CMS frequently handles contentious and non-contentious competition law work, merger control filings and abuse of dominance cases. The ‘pragmatic’ Bernt Elsner heads the team, which advised Atlas Copco on its merger control filing for the acquisition of FIAC.

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Employment
Employment - ranked: tier 1

CMS

CMS has ‘one of the most recognised employment practices in Austria’ and almost exclusively acts for employers. Bernhard Hainz, who co-heads the team with Christoph Wolf, represented the Viennese Burgtheater and its shareholders in a dispute with the former director and vice director over the executive’s duty of care. Other clients include Österreichische Post and A1 Telekom Austria. Jens Winter was promoted to partner.

Leading individuals

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

CMS

CMS provides restructuring advice and assists its clients with insolvency-based public sale processes. ‘Excellent negotiator’ and practice head Günther Hanslik advised UniCredit Bank Austria on the restructuring of a shopping centre in Bucharest. Other clients are HETA Asset Resolution and FIMBAG.

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Intellectual property
Intellectual property - ranked: tier 2

CMS

Egon Engin-Deniz leads CMS’ practice, which has a core focus on representing clients in copyright, trade mark and patent litigation. Clients include Panasonic, Marriott and the Austrian brewery Trumer Pils. On the non-contentious side, the team advised Falco Privatstiftung on trade mark and media issues.

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Private client
Private client - ranked: tier 2

CMS

CMS has substantial experience of advising board members of trusts on shareholder issues and has a niche specialising in inheritance and art. Other areas of expertise include financial restructuring, corporate governance and private foundations. Clients include Falco Privatstiftung. Johannes Reich-Rohrwig is the key contact.

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Projects and energy
Projects and energy - ranked: tier 2

CMS

CMS has project finance, corporate and regulatory advisory work at its core, which includes tax and public procurement matters. Johannes Trenkwalder heads the team, which advised EIB on financing the construction of a new wastewater and sludge treatment plant in Vienna.

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Public procurement
Public procurement - ranked: tier 2

CMS

CMS is particularly good at ‘handling complex issues’, including litigation, in the construction, healthcare, transport and waste management sectors. Practice head Bernt Elsner, who is ‘a skilled negotiator’ and ‘adaptable’, represented Dürr Austria and Leyrer + Graf in procurement-related litigation.

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Real estate
Real estate - ranked: tier 3

CMS

Real estate transactions and financing matters are key elements of CMS’ practice, which advised Allianz Real Estate on the acquisition of Haus an der Wien from Signa and on the refinancing of Parndorf, a designer retail outlet. The ‘highly professional’ Nikolaus Weselik heads the team.

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TMT
TMT - ranked: tier 4

CMS

CMS focuses on IT work, regularly advising on data protection, software implementation and licensing. Johannes Juranek heads the team, which has been advising an Austrian client on outsourcing, cloud computing and data protection matters.

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Tax
Tax - ranked: tier 3

CMS

Sibylle Novak’s team at CMS regularly advises on corporate restructurings, due diligence, transactional and compliance matters, while also handling tax litigation, including fraud. Clients include Allianz Real Estate Germany, Best in Parking and J.P. Morgan.

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Austria: Dispute resolution

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

CMS

CMS draws its clients from a variety of sectors, including the construction, infrastructure, energy and financial services industries. Johannes Reich-Rohrwig and Daniela Karollus-Bruner are the key contacts.

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

CMS

CMS is particularly experienced in handling construction, liability, investment and financial damage disputes. Daniela Karollus-Bruner and Johannes Reich-Rohrwig jointly head the team.

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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 and Dubai

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, Brussels, Brussels, 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, Munich, and Munich

Algeria

Offices in Algiers

Spain

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

France

Offices in Paris, Strasbourg, and Lyon

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

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, Bratislava, and Bratislava

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich and Geneva

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
  • 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.
  • EU: Council Introduces Action Plan for NPLs

    On 10 July 2017, the Commission announced the public consultation on the development of secondary markets for non-performing loans (NPLs) and distressed assets. Following the commencement of this public consultation, the Council introduced its Action Plan for NPLs.
  • Bulgaria: Remedies imposed on fuel companies following cartel investigations

    For the second time in less than five years, the Bulgarian Commission for the Protection of Competition ("Commission") has opened investigation proceedings regarding prohibited agreements and concerted practices against the major fuel companies in Bulgaria and closed them without issuing penalties.
  • Recast of the EU Regulation on Insolvency Law Applicable as of Today

    The EU Regulation on Insolvency Law 1346/2000 (EIR) was considered a milestone in the cross-border coordination of national insolvency proceedings. The recast of the EU Regulation on Insolvency Law 2015/848, applicable to insolvency proceedings opened after 26 June 2017, considers substantial developments in national insolvency laws. read more...