The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

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.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Austria

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

CMS

CMS’ strength lies at the intersection of public procurement and public law, frequently advising on regulatory issues arising from public tenders, but the team is also experienced in handling state aid, trade law and waste management work. Bernt Elsner heads the team.

[back to top]

Banking and finance
Banking and finance - ranked: tier 2

CMS

CMS ‘finds fast solutions’ and provides ‘high-quality advice’ on a broad range of banking and financing matters. This includes acquisitions, real estate and project finance, corporate lending and structured finance as well as regulatory and compliance mandates. Alexander Rakosi advised UniCredit Bank Austria alongside its credit institutions in four CEE countries on the sale of loan portfolios in Croatia, Slovenia, Serbia and Bulgaria; in a separate matter, team head Günther Hanslik, who is a ‘very experienced lawyer with excellent industry knowledge’, acted for the same client in real estate financing matters in Austria and the CEE region, while also advising a consortium of international lenders on the approval of a €1bn revolving credit facility to Novomatic.

[back to top]

Capital markets
Capital markets - ranked: tier 3

CMS

CMS is recognised for its broad offering, advising on bond structurings and issuances, capital increases, regulatory matters and the structuring of takeover bids: in a recent highlight, team head Martin Zuffer assisted BioEnergy International with the takeover bid of its main shareholder, Austria-based BDI, while, in a separate matter, he advised Best in Parking on two corporate bond increases and the issuance of debt bonds. MyFactor retained the team to advise on the implementation of an MTN programme.

[back to top]

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

CMS

CMS is noted for its ‘quick response times’ and ‘top-notch advice’, which the team provides to financial institutions and multinational corporations on transactions and general corporate work. Managing partner Peter Huber, who co-heads the team with Rainer Wachter, advised Hewlett-Packard on corporate and transactional matters arising from the acquisition of Samsung’s printer business, while Alexander Rakosi assisted the Austrian plastic manufacturer ALPLA with the acquisition of Romanian bottler Star East Pet. Similarly, the ‘solution-oriented’ Johannes Trenkwalder advised Medacta International on the acquisition of Austrian distributor Vivamed.

[back to top]

Construction
Construction - ranked: tier 2

CMS

CMS receives a steady flow of contentious and non-contentious construction law instructions, including public procurement matters, from construction companies, hotel operators, architects, property developers and banks. Team head Nikolaus Weselik advised RWA Raiffeisen Ware Austria on construction and planning law issues pertaining to the RWA campus project in Lower Austria.

Leading individuals

Nikolaus Weselik - CMS

[back to top]

EU and competition
EU and competition - ranked: tier 4

CMS

CMS stands out for its ‘business-oriented approach’ and is particularly active in merger control proceedings, antitrust investigations and compliance matters. Team head Bernt Elsner and the ‘clear and concise’ Dieter Zandler, who made partner in 2017, advised Heraeus on merger control and state aid law issues pertaining to its acquisition of the Swiss Argor-Heraeus group.

[back to top]

Employment
Employment - ranked: tier 1

CMS

Considered ‘one of the best employment law teams’, CMS is recognised by clients and peers alike for its wide-ranging expertise, covering the whole spectrum of individual and collective labour law including pension law. Co-head Christoph Wolf advised Austrian postal service company Österreichische Post on work time models, and the recommended Jens Winter assisted healthcare sector provider Vamed with various individual and collective employment issues including collective agreements. Team co-head Bernhard Hainz has ‘strong and deep knowledge’.

Leading individuals
Next generation lawyers

Jens Winter - CMS

[back to top]

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

CMS

CMS’ ‘business-oriented’ team focuses on restructuring and transactional work in Austria and the CEE region including related litigation. Günther Hanslik heads the team, which includes the recommended Alexander Rakosi.

[back to top]

Intellectual property
Intellectual property - ranked: tier 2

CMS

CMS has a strong IP litigation practice but also handles a wide range of advisory work with a focus on the life sciences, media, chemical, hotel, food and fashion industries. Team head Egon Engin-Deniz represented Panasonic in copyright litigation, and assisted Syngenta with trade mark infringement, product piracy and patent matters. On the non-contentious side, the team has a strong profile for trade mark portfolio management, acting for Trumer among many others.

[back to top]

Private client
Private client - ranked: tier 1

CMS

Recognised for its broad offering, CMS advises company owners, senior management, high-net-worth individuals, asset managers, family companies and private foundations such as Falco Privatstiftung. Key areas of expertise include the advice on corporate and tax matters, property and succession issues as well as family law and related litigation. Johannes Reich-Rohrwig heads the team.

Leading individuals

Johannes Reich-Rohrwig - CMS

[back to top]

Projects and energy
Projects and energy - ranked: tier 2

CMS

CMS’ strength lies at the intersection of construction, corporate, finance and procurement law: in recent highlight work, the group advised nöGIG on various matters pertaining to the construction of a glass fibre network, which included advice on project finance, public procurement and construction law. PORR Beteiligungen und Management retained the practice to assist with the procurement procedure of the PPP GTNMS Stammersdorf school campus project. Other clients include the European Bank for Reconstruction and Development (EBRD) and Netz Niederösterreich. Johannes Trenkwalder is the main contact.

[back to top]

Public procurement
Public procurement - ranked: tier 2

CMS

Acting across various sectors, including infrastructure, construction, healthcare and technology, CMS’ ‘very professional’ practice assists clients with public tender procedures, PPPs and related litigation. Team head Bernt Elsner assisted construction company PORR Beteiligungen und Management with the procurement procedure of the PPP GTNMS Stammersdorf school campus project, while, in the healthcare sector, the team advised the medical technology company ArjoHuntleigh on various medical equipment procurement procedures.

[back to top]

Real estate
Real estate - ranked: tier 3

CMS

CMS works in close co-operation with the firm’s construction team and has a strong profile for transactional and lease agreement work, advising construction firms, property investors and developers as well as hotel operators and owners, among others. Johannes Hysek advised Allianz Real Estate Estate Germany on the purchase of office project The Icon Vienna. Nikolaus Weselik is another key member of the team.

[back to top]

TMT
TMT - ranked: tier 4

CMS

CMS has IT at its core and frequently assists clients with data protection matters and software contracts. Johannes Juranek advised an Austrian client on the partial outsourcing of its IT infrastructure to a cloud provider and on international data protection issues. Other clients include Ikea and Heta Asset Resolution.

[back to top]

Tax
Tax - ranked: tier 3

CMS

Much of CMS’ work pertains to corporate tax law including M&A transactions, but the team also handles tax compliance and tax due diligence mandates. Team head Sibylle Novak provided railroad constructor Frauscher Sensor Technology with general tax law advice.

[back to top]

Austria: Dispute resolution

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

CMS

Handling construction sector arbitration is a key element of CMS’ practice, which also acts in shareholder and corporate disputes. Johannes Reich-Rohrwig and Daniela Karollus-Bruner are the key contacts.

[back to top]

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

CMS

CMS has a depth of experience in commercial and corporate litigation alongside construction and insurance-related disputes. Co-heads Johannes Reich-Rohrwig and Daniela Karollus-Bruner represented Austrian Airlines as plaintiff in a damages claim concerning a payment of capital increase. Other work includes investment and financial damage disputes as well as construction and post-M&A litigation.

[back to top]


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

Albania

Offices in Tirana

Angola

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

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

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
  • 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
  • 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