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Dispute resolution: commercial litigation in Austria

Binder Grösswang

Due to the team's close cooperation with other practice groups, Binder Grösswang's litigation team is well placed to handle large-scale disputes across various sectors including class actions and private enforcement proceedings. This translates into regular mandates from private and public sector players alike, and includes matters at the intersection with white-collar crime, for which Stefan Albiez is a key contact. He is part of Christian Klausegger's team; Klausegger, while having a focus on litigation, also handles arbitration. Other key individuals include Ingeborg Edel, who has a specialism in cross-border and insolvency-related disputes alongside automotive and construction sector litigation, and senior associate Elisabeth Tretthahn-Wolski, who is particularly well versed in warranty and liability claims as well as the enforcement of IP rights.

Practice head(s):

Christian Klausegger

Testimonials

‘The team has a very strategic and result-oriented approach to litigations and their management. It is very effective, reliable and responsive.’

‘Mr. Christian Klausegger is an expert and leading professional in his area of work. As the entire team, he has a very result-oriented and pragmatic approach to both the case handling and the litigation management.’

‘Christian Klausegger is used to work with international clients and cases, has an excellent understanding of the impact of foreign law aspects on Austrian cases, has an IT background which makes him very valuable for clients from the IT sector and also knows and understands the way international clients operate.’

‘We highly appreciate the very high quality of legal advice, including capital market issues, as well as proceedings at court and before the Public Prosecutor. They are very reliable, always in time and deliver solutions with a win-win approach.’

‘Dr. Stefan Albiez is a very smart negotiator, a very good lawyer and always keeps the best for his client in mind.’

‘This team is really experienced in pursuing claims and in court proceedings and they also help with negotiations. The preparation of claims going into court has been extraordinary. We fought several disputes with this team. The combination of support in writing contracts and the knowledge of contracts makes dispute discussions easier and faster.’

‘Mrs. Ingeborg Edel’s experience is extraordinary and she is very thorough in investigating the facts. It does not matter if it is night or the weekend, whenever we needed fast support we got it. Also her analysis about the chances of a win was always very honest and helpful for the next steps.’

‘Dr. Klausegger has the ability to analyse very complex legal issues.’

Key clients

UNIQA Insurance Group AG

Russian Federation

SIG-Seeliegenschaftengesellschaft Kärnten Verwaltungs GmbH

Commercial Court Vienna

Liebherr

Zürich LebensversicherungAG

Austrian Federal Railways

City of Vienna

Province of Carinthia

Province of Upper Austria

Renault Österreich AG

Cardiff Assurance

TIWAG Tiroler Wasserkraft

Lenzing AG

Work highlights

  • Advising UNIQA Versicherung AG as one of the insurers to the bank’s auditors, following the revocation of Commerzialbank Mattersburg AG’s banking licence as a result of accounting fraud allegations.
  • Representing the Province of Carinthia and its subsidiaries in several civil (and criminal) proceedings against former advisors, expert consultants, and current contract partners in connection with the client’s purchase and lease of real estates (lakefront property) in Carinthia.
  • Represented SIX Austria Holding GmbH in a dispute against BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse Aktiengesellschaft (BAWAG) pertaining to a special indemnity given in a transfer agreement.

DORDA Rechtsanwälte GmbH

DORDA Rechtsanwälte GmbH has a strong track record acting for finance, energy and construction sector players alongside commercial and professional services providers and public sector bodies in an equally broad range of commercial and corporate disputes. This offering includes insurance defence work, which is typically led by Felix Hörlsberger and which includes instructions to act as monitoring counsel in high-volume liability and coverage disputes, as well as mass litigation, for which associate Alexander Karl is the key contact. Both are key members of the dispute resolution practice led by Florian Kremslehner, whose expertise extends to arbitration and white-collar crime. With the promotion of litigation and arbitration expert Stephan Steinhofer in February 2021, the team counts an additional partner in its ranks.

Practice head(s):

Florian Kremslehner

Testimonials

‘I found all members of the team to be very helpful, responsive and very reassuring.’

‘The partners were all very good and responsive. They were also commercial in their approach and gave good easy-to-understand advice.’

‘Very good professionals and good focus on details.’

‘They cover all legal aspects, private and business, and clearly provide their expertise through a very personal approach.’

‘The team is personable; quick feedback, availability, trust level. For all business transactions with a pleasant mixture of wit and humour.’

I think the relationship is something special. All team members I’ve been working with are always available and very keen to support me/us in all manners.’

‘Very good professionals and good focus on details.’

‘Involvement for the benefit of the client.’

Key clients

Brush Holding Ltd (formerly FKI Ltd)

FWU Life Insurance Austria, FWU Life Insurance Lux SA

Itinera S.p.A.

Melrose

Sequa

Westport Power

Work highlights

  • Advising an Austrian bank in litigation against an Austrian municipality pertaining to a foreign exchange interest swap transaction; the case is presently pending before the Austrian Supreme Court.
  • Acted for a major European construction group in a dispute arising from a joint venture over a major transnational infrastructure project.
  • Advising an investor in recovering investments in an Austrian-based provider of financial services, which had been induced by fraudulent representations, and accounting.

KNOETZL HAUGENEDER NETAL Rechtsanwaelte GmbH

Dispute resolution boutique KNOETZL HAUGENEDER NETAL has a specialism in matters at the intersection between commercial litigation and white-collar crime, including asset tracing. This offering attracts many household names spanning various sectors such as IT, banking and finance, automotive, life sciences, energy and construction, among others. Key contacts include practice head Bettina Knoetzl, who provides assistance with alternative dispute resolution alongside litigation and white-collar crime-related proceedings; Katrin Hanschitz, who has strong background in M&A, and finance transactions ;and asset tracing specialist Judith Schacherreiter.

Practice head(s):

Bettina Knoetzl

Testimonials

‘This firm is unique in that it has full and in-depth knowledge of the Austrian law, provides very accurate analysis of all court proceedings, which help in determining strategy planning for a case, is always prompt in their response and is very aggressive in protecting their clients’ rights in the Austrian courts.’

‘Bettina Knoetzl: A heavyweight in litigation and always the first point of contact for litigation in Austria.’

‘Leading in dispute resolution in Austria.’

‘Bettina Knoetzl: Extensive knowledge, empathetic, highly competent.’

‘Very competent and helpful, good and creative ideas for the conduct of the proceedings. The team was always available and provided continuous information.’

‘Especially Katrin Hanschitz was very competent and experienced and contributed decisively to the success of the proceedings.’

‘I appreciate the support from one central point of contact over various legal topics. The feedback is highly professional and always linked to recommendations how to proceed and which actionable items needs to be considered.’

‘Bert Ortner has a superb service orientation and a quick response time. I like the attitude to cover not only the legal topic of an issue but also to take the bird’s view on all various impacts of a situation. He is a brilliant challenger and provides clear recommendations. Overall a partner you like to work with, he is energetic and problem-solving.’

Key clients

Schaden

Facebook

Work highlights

  • Defending Facebook in a data protection case brought by Max Schrems.
  • Acting for the former mayor of Salzburg, Heinz Schaden, in a dispute following flawed swap transactions, including a challenge filed with the European Court of Justice and defence in civil proceedings against the City of Salzburg.

Wolf Theiss

Thanks to its strong cross-departmental cooperation, Wolf Theiss‘s dispute resolution practice is able to provide full-service litigation assistance, which is frequently called upon in a cross-border setting. Particular strengths include shareholder disputes, finance and insolvency-related litigation, unfair competition and product liability claims alongside litigation at the intersection with white-collar crime. The team’s client base is equally diverse and, while containing a large number of financial services providers, also includes clients from other sectors such as real estate, transport, healthcare and energy. Stefan Riegler heads the firm-wide dispute resolution practice and is best known for his arbitration expertise.

Practice head(s):

Stefan Riegler

Testimonials

‘What makes Wolf Theiss’ dispute team unique is the profound experience and the knowledge of the team members at every level. The collaboration between different practice groups works well, therefore it is easy to reach the expertise of different practice groups when needed. Also, they have a good network and maintain good relations with consultants in other jurisdictions.’

‘Clemens Trauttenberg is very knowledgeable and experienced. He has a hands-on approach, is solution-oriented and is able to offer the best solutions that suit his clients’ needs best.’

They always prioritise their clients’ interests.’

‘Outstandingly skilled, first-class reputation. Not cheap, but definitely worth the money.’

‘We rely on Eva Spiegel, one of the most senior partners of team. She litigates a broad range of disputes, from IP to insurance, insolvency and distressed transactions. Very professional, always swift turnaround.’

‘The collaboration with Wolf Theiss’ commercial litigation practice works smoothly. The team consists of highly motivated individuals, who are experts in their field. The billing is done on a regular basis and is transparent.’

‘Eva Spiegel is obviously top notch. She has such an incredible expertise and working with her is fun because she is simply brilliant. No less can I say about Alexander Zollner, who is a rising star, and I think he will make it very far. His commitment and zeal are outstanding. He is smart, thinks one step ahead and grasps the relevant information quickly. Moreover, he has a good sense of humour.’

Key clients

Lifebrain S.r.l.

National Bank Trust

KA Finanz

Erste Bank

KELAG

Work highlights

  • Advising an international consulting company in connection with the insolvency of one of its clients, a well-known Austrian real estate developer.
  • Acting for the Austrian bank KA Finanz in pursuing claims that arose from unlawful deals with structured credit products and credit default swaps which contributed to the financial collapse and the nationalisation of the bank.
  • Advising a Russian retail bank in a civil claim for compensation of damages against an Austrian financial institution, who participated in fiduciary lending transactions that seem to have been fraudulent and the purpose of which was in placing the assets of the client to offshore entities.

Cerha Hempel

Cerha Hempel's dispute resolution group is led by litigator and arbitrator Irene Welser, who has a specialism in liability cases but, together with her team, she has recently been most active in shareholder disputes alongside competition, construction and (Covid-19-driven) tenancy law-related litigation. Its client base spans various industries, most notably retail, real estate, finance and energy, and also includes private clients and private foundations, who benefit from Welser's expertise in inheritance law, as well as public sector players. With Holger Bielesz, the team is also well placed to handle matters at the intersection with white-collar crime and compliance alongside work for financial intuitions faced with consumer claims.

Practice head(s):

Irene Welser

Testimonials

‘The team around Irene Welser works very professionally and has given me perfect advice on my long court proceedings and has always given me the best advice on how to deal with my case.

Irene Welser tried very hard to win the case. The pleadings were extraordinary, which you can see in comparison with the pleadings of the other side.’

‘I find it unique that no matter how complex the topic is, a complete and comprehensive review takes place within a very short time. All aspects are regularly examined.’

‘Michaela Siegwart leaves nothing to chance, nothing escapes her attention. She always points out all problems and possible solutions that present themselves. The same applies to Irene Welser, who does an outstanding job, especially in mediation.’ 

‘The team around Holger Bielesz and Irene Welser is outstanding and smart. They have been a tireless and indispensable resource for our group of companies.’

‘Their advice and transparency, advising against actions just to increase the amounts on their billing statements have been a true lifesaver in countless instances. This leads to much more precise and focused attacks and better outcomes for their clients.’

‘Their knowledge in commercial litigation and their insights into the specifics of forensics and the software and IT landscape let them stand out in a very small market like Austria but even shine in an international setting.’

‘The team around Dr. Bielesz and Prof. Welser is one of the rare occasions, where you feel they are just as fired up to win the battles  as you are, with you in the trenches and still later on the victory road.’

Key clients

SPAR AG/ASPIAG Management AG

Karl Wlaschek Privatstiftung (KWP)/AMISOLA Immobilien AG

Immovate Management GmbH

City of Vienna / WIENER STADTWERKE

HERVIS Sport- und Modegesellschaft m.b.H.

Wiener Linien GmbH & Co KG

SmartStream Technologies Limited

UNIQA Versicherungen

ASFINAG

ÖBB –Infrastruktur AG

McDonald’s GmbH

DIE ERSTE Leasing Immobilienverwaltungs- und vermietungsgesellschaft m.b.H.

Apleona HSG GmbH

SES Spar European Shopping Centers GmbH

Hey Communications & Production GmbH

INTERSPAR Gesellschaft m.b.H.

Mona Naturprodukte GmbH

Work highlights

  • Advised SPAR, as a minority shareholder of dm drogerie markt GmbH, on several corporate disputes.
  • Advising NOVOREAL on proceedings against a well-known coffee house operator in Vienna pertaining to unpaid rent following the lockdown measures.
  • Advising Stadt Wien (the City of Vienna) and WIENER STADTWERKE on their antitrust damage claims against five trucks manufacturers involved in the trucks cartel.

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH combines its litigation capabilities with expertise in criminal proceedings, while, thanks to the specialism of individual team members, the group also covers matters at various other intersections. Dispute resolution and insurance law team head Daniela Karollus-Bruner has recently handled several warranty and damage claims, among other matters, while Johannes Reich-Rohrwig is best known for his strong background in corporate and M&A on one hand, which leads to regular instructions on shareholder and post-merger disputes, and for his private client work on the other. The team's client base spans various sectors including finance, insurance, automotive, retail, construction and manufacturing.

Practice head(s):

Daniela Karollus-Bruner

Testimonials

CMS’ dispute resolution team has helped us with its cross-border links to other CMS offices and Europe-wide practice group network and know-how.

Thomas Böhm is always responsive, eager to help and able to use his CMS-wide network and looks at the legal issue from the client’s point of view.

Schoenherr (Schönherr Rechtsanwälte)

With offices across the CEE region, Schoenherr (Schönherr Rechtsanwälte) has extensive cross-border capabilities translating into a portfolio of national and international clients across a wide range of industries. Alongside contractual and corporate disputes, the team typically acts in finance and energy-related litigation alongside data protection, competition law and multi-party construction disputes but is also experienced in handling class actions for claimants and defendants. Key contacts include head of dispute resolution and arbitration Christoph Lindinger, who has particular investment litigation expertise, and head of Vienna's litigation group Andreas Natterer, who has a specialism in healthcare and life sciences sector disputes such as product liability and unfair competition claims. Associate Sara Khalil is noted for her expertise in data protection litigation.

Other key lawyers:

Sara Khalil

Testimonials

‘The outstanding team handles cross-border and domestic litigation in a variety of areas. They are very well coordinated, very friendly and very competent – with an excellent knowledge.’

As a client, one feels very well looked after and in good hands.’

‘Schoenherr has a huge team with different experts for any legal case you have to deal with.’

‘Fast response time, they give you the feeling that you are very important even if your case is not a huge one.’

‘Professionalism; there are contacts for all areas of law.’

‘Reliability, availability and commitment.’

Key clients

Raiffeisen Bank International

Funke Medien Group

UBER BV

Facebook Ireland Ltd

KONE

Mondelez

Danone

Verband der Versicherungsunternehmen Österreichs – VVO

Work highlights

  • Representing Facebook Ireland Ltd in proceedings against Max Schrems on alleged unlawful data processing, access and damages.
  • Representing UBER (Austria) in several unfair commercial practice proceedings, three of which were initiated by a taxi company.
  • Representing Austrian insurance providers in several mass claims against consumers requesting payment after the cancellation of their life insurance policies.

Baker McKenzie Rechtsanwälte LLP & Co KG

Baker McKenzie Rechtsanwälte LLP & Co KG has a strong profile for disputes arising from financial distress alongside restructuring and insolvency scenarios but is also well versed in private enforcement claims and compliance-related matters. Litigation and arbitration team head Alexander Petsche has a focus on contentious matters arising from construction and infrastructure projects alongside distribution law and other corporate disputes, while also handling white-collar crime matters. In January 2021, his team received a boost with the arrival of counsel Désirée Prantl from Freshfields Bruckhaus Deringer; she is particularly well versed in corporate litigation and arbitration.

Practice head(s):

Alexander Petsche

Other key lawyers:

Filip Boras; Désirée Prantl

Key clients

BIA Separations d.o.o.

FCC Construcción S.A.

MBI & Partners U.K. Ltd. and affiliated JJW hotel companies

Schindler Elevator and Escalator Group

Evonik Peroxid GmbH

Work highlights

  • Representing the Slovenian Biotech company BIA Separations in several proceedings pertaining to the insolvency of the former Austrian holding company.
  • Representing FCC Construcción S.A. in a dispute pertaining to Alpine Group’s insolvency.
  • Represented MBI & Partners U.K. Ltd. and affiliated JJW hotel companies in 17 proceedings before Austrian courts pertaining to, among other matters, a failed luxury hotel project in Vienna and the sale of a premium shopping centre in Vienna.

bpv Hügel

bpv Hügel has gained a reputation as a competition and antitrust law litigation specialist, which is not least due to co-managing partner Florian Neumayr's expertise in this area, and which forms the team's central pillar alongside corporate and shareholder disputes. He co-heads the practice with arbitration and litigation specialist Markus Schifferl, who joined the firm in March 2021 from Zeiler Floyd Zadkovich. Clients include large blue chips across various sectors including automotive, manufacturing and energy (including oil and gas).

Other key lawyers:

Florian Plattner

Testimonials

Strong litigation practice with a particular focus on private enforcement cases.

Florian Neumayr is a smart litigator. It is always a pleasure working with him.

Key clients

BP Europe SE

Immofinanz

Valneva

Arthrex

SWARCO

FIAT

Österreich

pulmetall

Work highlights

  • Representing a German truck manufacturer in around thirty litigations pertaining to investigations conducted by the European Commission into the conduct of truck manufacturers.
  • Representing a large manufacturer of elevators in more than thirty court cases pertaining to follow-on damages of the so-called elevator-cartel for a total amount in dispute of more than €250m.
  • Representing a firearm manufacturer in several proceedings before the Austrian courts pertaining to the squeeze-out of a minority shareholder.

Fellner Wratzfeld & Partners

Fellner Wratzfeld & Partners has a strong profile for financial and banking-related disputes involving fees, foreign currency loans and investments, including those at the intersection with criminal law, as well as corporate and insolvency-related disputes. This is not least based on the firm’s strong advisory capabilities in these segments with Markus Fellner and Gregor Schett as the key contacts for both. Due to this skill set, the group receives regular instructions from banks and national and international corporates.

Practice head(s):

Gregor Schett; Markus Fellner

Key clients

UniCredit Bank Austria AG

Raiffeisenlandesbank Niederösterreich-Wien

BAWAG P.S.K.

Work highlights

  • Advising UniCredit Bank Austria in connection with the enforcement of its minority rights resulting from UniCredit Bank Austria’s position as shareholder of the institutions forming the 3Banken Gruppe.
  • Advising Raiffeisenlandesbank Niederösterreich-Wien on litigation against hundreds of investors asserting claims based on incorrect investment advice when acquiring a share in closed funds.

Saxinger, Chalupsky & Partners (SCWP Schindhelm)

Saxinger, Chalupsky & Partners (SCWP Schindhelm) has a strong presence in Upper Austria and is therefore frequently retained by corporate and manufacturing clients based in the region. Its portfolio spans construction and property-related litigation alongside antitrust, corporate and banking-related disputes. Arbitration and litigation expert Markus Fellner heads the practice.

Practice head(s):

Markus Fellner

Other key lawyers:

Ria Kucera

Testimonials

Competent analysis and prompt implementation.

Key clients

LSW GmbH and HLSW GmbH

KTM AG / Pierer Mobility AG (formerly KTM Industries AG)

dm drogerie markt Verwaltungsgesellschaft m.b.H.

Bilfinger Bohr- und Rohrtechnik GmbH and HDI Global SE

HABAU Hoch- und Tiefbaugesellschaft m.b.H.

Klenk & Meder GmbH

ARGE Klenk & Meder GmbH and Schmied-Fellmann Gesellschaft m.b.H.

Work highlights

  • Representing LSW GmbH and HLSW GmbH in €1.2bn proceedings against entities of the Steinhoff Group, one of them being Steinhoff Europe AG, pertaining to the transfer of shares and outstanding credit liability.
  • Representing KTM AG / Pierer Mobility AG in three competition proceedings against the licensee, who has been granted exclusive rights to use the brand KTM in the bicycle sector.
  • Acting for dm drogerie markt Verwaltungsgesellschaft m.b.H. in multiple corporate disputes.

Vavrovsky Heine Marth Rechtsanwälte

Vavrovsky Heine Marth Rechtsanwälte has carved out a strong practice handling competition law, IP, IT and media law disputes, which is an area of particular expertise for Dieter Heine and Nina Sterzl. Heine jointly heads the practice with Nikolaus Vavrovsky, who handles a wide rage of litigation and arbitration, including real estate, construction and finance-related disputes. Philipp Strasser left the firm in December 2021.

Other key lawyers:

Nina Sterzl

Testimonials

‘The team is particularly strong in real estate and construction-related disputes. The team members are very experienced, many of them senior. They are sharp and efficient. They have great knowledge of the real estate industry.

‘Nikolaus Vavrovsky is an excellent litigator, who sees the whole picture – legally and business-wise. He is persistent, assertive and persuasive. Most of all, he looks at a matter from all angles and has an impressive depth of strategic analysis. He is a valuable partner, very professional, anticipatory and hands-on.’

‘My first contact is Dieter Heine, a brilliant litigator, mediator and negotiator and one of the most experienced and capable competition law specialists in Austria. He brings vast legal know-how, impressive commercial understanding, great technical expertise and remarkable creativity to the table. He is an efficient problem solver, instantly able to pin down issues and come up with strategies to resolve them.’

‘Another individual to be mentioned is Nina Sterzl, who never ceases to impress me with her legal know-how and ambition for her clients. She is a great lawyer to have by one’s side.

My first contact for years and already decades has been Dieter Heine, who is a high-calibre strategic mastermind and unmatched in competition law litigation. Forceful in court and persuasive in negotiation, a creative thinker and refined professional, who always sees the bigger picture.’

‘Nina Sterzl has also been on our team for years. Highly knowledgeable in competition law matters, an out-of-the box thinker like Heine and absolutely dedicated to her clients. We are happy to have her on board.

Key clients

Goldegg Verlag GmbH

Novogenia GmbH

Smile Group

Bank Austria Real Invest Immobilien Kapitalanlage GmbH

Die Wohnkompanie GmbH

HOGAST Einkaufsgenossenschaft f.d. Hotel- und Gastgewerbe reg.Gen.m.b.H.

KSG Austria GmbH

Lifestyle Brands Investment Holding GmbH

LVMH Group (LVMH Moët Hennessy – Louis Vuitton)

medlog Medizinische Logistik und Service GmbH

Moser Holding AG

ÖBB-Infrastruktur AG

Raiffeisenbank International AG et al (Austria)

Salzburger Festspiele

Siemens AG Österreich

Sonepar Österreich GmbH

Superfly Radio GmbH

Taxi 40100 Taxifunkzentrale GmbH

Wiener Komfortwohnungen GmbH

Wiener Sportstätten Betriebsgesellschaft m.b.H

Work highlights

  • Advising taxi network Taxi 40100 in a long-running dispute against Uber, Bolt and others over legal violations including violations against regulations on taxi fares and amendments to the Austrian Occasional Passenger Services Act.
  • Acting for an international blue-chip insurer in liability and coverage issues, in defence against claims under a W&I policy and in monitoring potential D&O claims and criminal defence insurance coverage.
  • Advising Novogenia GmbH, Austria’s largest chemical PCR laboratory, as co-defendant in an unfair competition law litigation in connection with the performance of medical PCR tests.

Aigner Lehner Zuschin Rechtsanwälte

Aigner Lehner Zuschin Rechtsanwälte stands out for its expertise in investor protection law and associated disputes, which was further underlined by Maximilian Weiser‘s promotion to the partnership in spring 2021, and the group is routinely called upon by institutional and private investors. Founding partner Lukas Aigner is another key contact for this, while also handling disputes pertaining to financial derivatives and hedge fund structures. He jointly heads the practice with construction and real estate expert Johannes Lehner. Nathalie Steidl has left the firm.

Practice head(s):

Lukas Aigner; Johannes Lehner

Other key lawyers:

Georg Zuschin; Maximilian Weiser

Testimonials

In-depth knowledge of the market, the ability to quickly build networks – also internationally – and to use them, great flexibility to adapt to changing situations, pragmatic access to new challenges, flat hierarchies.

The practice is highly specialised; they are not trying to cover everything/ not trying to pretend to be experts in everything – if some additional knowledge is needed, it will be brought in from external experts and will be integrated. I very much appreciate this approach!

Lukas Aigner is so passionate and committed to what he is doing! His exceptional and wide-ranging legal expertise and economic knowledge makes him outstanding. With his customer-orientated and solution-driven work style, it is a great pleasure to work with him.’

The firm has extensive experience in resolving disputes before ordinary courts as well as arbitral tribunals.

Due to its vast litigating experience, the firm’s competence in developing efficient strategies to enforce or defend claims is especially noteworthy. Consequently, the economic aspects are always given great consideration in the decision-making process and strategy, which is naturally of great importance from the client’s point of view.

The team is very quick in responding and attorneys are very easily accessible, which stands out to me. Further, the team is in constant consultation with us to find the best solution and they go the extra mile in this regard.

Complete honesty, even when they don’t instantly know the answer, they tell you so and get to work to figure out the case as soon as possible. Also, when they aren’t experts in a specific field, they refer you to colleagues who are.

The matters of our firm are mainly handled by Lukas Aigner and Johannes Lehner. Lukas Aigner has profound experience concerning the enforcement of contentious claims, especially in capital market law cases. Johannes Lehner has a broad background in commercial law, so that both stand out as a team with remarkable assertiveness in litigation proceedings.

Key clients

CA Immobilien Anlagen AG

Magistrat der Landeshauptstadt Linz

Federal State of Upper Austria

Linzer Athletik-Sport-Klub / LASK GmbH

Metahof Errichtungsgesellschaft mbH & Nikolaiplatz 5 Verwaltung GmbH

Work highlights

  • Acted for CA Immobilien Anlagen AG in asserting civil law claims in connection with the potential partial influence of the best bidder process concerning the privatisation of the federal cooperative property companies (BUWOG) in 2004.
  • Representing the City of Linz in litigation against the Austrian bank BAWAG P.S.K over a failed OTC swap-transaction linked to foreign currency, causing a €640m loss to the City of Linz.
  • Representing a group of Wienwert investors following Wienwert’s bankruptcy in January 2018.

BRANDL TALOS Attorneys at law

BRANDL TALOS Attorneys at law's client base includes banks alongside other financial services providers and insurance companies, who retain the team to assist with financial disputes, including class actions, while acting for gaming and betting operators constitutes another key element of the practice. Capabilities at the intersection with corporate and capital markets law alongside white-collar crime complement this offering. Christian Lenz heads the team and routinely handles disputes involving allegations of negligence.

Practice head(s):

Christian Lenz

Other key lawyers:

Christopher Schrank

Testimonials

My collaboration with Brandl & Talos has already been going on for several years. These lawyers know and understand business as much as they do law, and act to address the economic, capital markets, tax as well as corporate aspects of the case.

It is rare to find this business understanding combined with a broad-reaching expertise in capital markets law, corporate law and criminal law, all at an equally high level.

The team is very hard-working and I was impressed by their ability to work fast and precise despite the size of the case and the amount of information.

My lawyer with Brandl & Talos is Christopher Schrank. He is a specialist criminal defence lawyer with a special focus on corporate and capital markets law. He has extensive experience in investor fraud cases and knows how to handle extremely large claims. For me, because of the extremely large economic and reputational value of this case, I needed someone like Christopher, with the right type of experience in investment, corporate law, fraud allegations and criminal defence. He is very precise and thorough and brings a wealth of experience that is worth every penny.

A very thorough service.

Key clients

Victims of the Commerzialbank Mattersburg im Burgenland AG

Work highlights

  • Representing a large number of victims following Commerzialbank Mattersburg Burgenland AG’s collapse in July 2020.

Brauneis Klauser Prändl Rechtsanwälte GmbH

Brauneis Klauser Prändl Rechtsanwälte GmbH, and Alexander Klauser in particular, have a specialism in class actions, including those involving public liability, in both consumer and commercial litigation as well as in collective redress proceedings and insolvency-related litigation. Klauser co-heads the team with real estate sector expert Gerald Otto. Clients include consumers and consumer organisations, corporates and public sector bodies.

Practice head(s):

Alexander Klauser; Gerald Otto

Other key lawyers:

Bernhard Girsch

Testimonials

A perfect team. Very diverse and complementary capabilities in the teams chosen.

Alexander Klauser: Excellent knowledge of courtroom processes. Very organised.

Gerald Otto: Very strong case analysis; excellent reactivity to cases created by the adversary.

The team is always reachable, clear and structured in our cooperation. There is no “lost” communication time and the team was also very helpful when a new employee of our association took over the task.’

The team and especially Mr. Klauser are precise in their answers. They also say clearly, if they consider a case to be lost. For me the most important issue lays in their capability to create a “one level playing field” between the weaker and the stronger parties.

I really enjoy Mr. Klauser’s focused communication and clearly structured processes.’

bkp’s senior partner Alexander Klauser is one of Austria’s leading experts in consumer law. In the courtroom, he is an outstanding litigator.

bkp is unique in the sense that there is no other law firm in Austria of their size with a specialisation in consumer law and, in particular, collective redress. We have been working with bkp successfully for more than 20 years.

Key clients

VKI (Verein für Konsumenteninformation)

Verbraucherschutzverein

Verband der öffentlichen Wirtschaft und Gemeinwirtschaft Österreichs (VÖWG)

SPI Group / Spirits International BV

FRANKSTAHL Rohr- und Stahlhandelsgesellschaft m.b.H.

Union Investment Real Estate Austria AG

Christian Schäfer GmbH

Wirtschaftskammer Wien (Chamber of Commerce, Vienna)

Work highlights

  • Acted for the association for consumer information, Verein für Konsumenteninformation (VKI), in mass tort litigation against Volkswagen.
  • Acting for Spirits International BV in a multi-jurisdictional court dispute against a Russian Federation state enterprise (FKP) pertaining to the ownership of the STOLICHNAYA and MOSKOVSKAYA vodka trade marks.
  • Assisted the Chamber of Commerce with the termination of cooperation agreements.

DLA Piper Weiss-Tessbach Rechtsanwälte GmbH

Due to the firm's strong cross-border cooperation, DLA Piper Weiss-Tessbach's litigation team in Vienna has a focus on multi-jurisdictional proceedings, including large-scale mass litigation, across various sectors. With the arrival of Georg Krakow from Baker McKenzie Rechtsanwälte LLP & Co KG in August 2021, the group has significantly strengthened its offering at the intersection with white-collar crime and criminal law, but lost banking and finance expert David Christian Bauer in April 2021, who has since been working independently. Armin Hendrich heads the litigation and regulatory groups and has a focus on regulatory compliance, sanctions, embargos and cyber security.

Practice head(s):

Armin Hendrich

Testimonials

‘The litigation team is of top quality: their advice is concise, well-argued and provided nimbly and flexibly.’

‘Dr. Claudine Vartian has unparalleled skill in litigation and a deep understanding of the most advantageous way to approach appeals in the Austrian courts. She is highly intelligent, runs an extremely efficient team and is always available when we need her, even on very short notice, which is much appreciated.’

‘Strong client commitment; tasks are accomplished not only to an extraordinary high level but also promptly. Always available and ready.’

‘We work almost exclusively with Andreas Daxberger. An outstanding, extremely client-orientated and solution-oriented lawyer with determination, he has great expertise and especially his social competence is outstanding, just the lawyer you want to have in difficult times.’

‘Simple processes, simple coordination. A feeling what the customer really wants and needs. Open-minded to new developments and the market climate and unbelievably – also open to price negotiations.’

‘Flexibility; adjustment to customer demands; practical orientation; gentleness; vast knowledge.’

‘Specific know-how in all relevant law areas. A global network with lasting regional relationships.’

‘A broad perspective which goes above legal implementation; this is based on the understanding of the personal or business context of a legal necessity. A friendly, yet professional relationship where one will always find a helping hand.’

Key clients

Entain Group

Tesla Inc.

UniCredit Bank Austria AG

Starstone Insurance SE

Royal Smit Transformers B.V

Municipality of Budva

Erste Group Bank AG

ArcelorMittal Construction Belgium NV

Lombard International Assurance S.A.

Wizz Air Hungary Kft

Bausparkasse der österreichischen Sparkassen AG

Julius Meinl Austria GmbH

SolarWinds Corporation

Work highlights

  • Advising and representing UniCredit Bank Austria AG in data protection defence litigation pertaining to a record of creditworthiness.

E+H Rechtsanwälte GmbH

E+H Rechtsanwälte GmbH‘s corporate prominence translates into a steady flow of mandates on corporate and contractual disputes, while litigation at the intersection with banking and finance alongside white-collar criminal law constitute other key elements. The practice led by litigation and employment law specialist Jana Eichmeyer acts for clients across a range of industries such as automotive and aviation, energy, real estate, finance and construction. Mario Spanyi is the key contact for white-collar crime-related disputes.

Practice head(s):

Jana Eichmeyer

Other key lawyers:

Mario Spanyi

Testimonials

‘Mario Spanyi is an excellent attorney- his pragmatism and creative solutions make him stand out from other attorneys.’

‘The team around Jana Eichmeyer is characterised by quick reactions, team spirit and high quality of work.’

Jana Eichmeyer is – in addition to the unreservedly high quality of her work – an ideal sparring partner in strategic matters.’

‘Very customer-oriented firm in commercial law.’

‘Easy to reach in case of questions; takes care of the customer and explains legal details in an understandable way.’

GRAF ISOLA

GRAF ISOLA‘s litigation offering is now led by employment law expert Jakob Widner and is part of its wider advisory services. Consequently, the group is well placed to handle a wide range of disputes including those pertaining to IP, insolvency and restructuring, employment and corporate law. Clients include corporates, private foundations and public sector bodies.

Practice head(s):

Jakob Widner

Other key lawyers:

Ferdinand Graf

Key clients

Vienna Jewish Community

Dexia Credit Local

KTM Fahrrad GmbH

Province of Salzburg

therapie-info PSISYS GmbH

Wirtschaftskammer Österreich (Chamber of Commerce)

Bundesimmobiliengesellschaft mbH (BIG)

Work highlights

  • Representing the Vienna Jewish Community and the heirs of Karl Mayländer in a dispute over the restitution of a famous Schiele artwork against the Lehman foundation; this case is pending before the courts of the state of New York.
  • Representing KTM Fahrrad in a multi-jurisdictional trademark dispute against KTM Motorcycle group.
  • Representing Dexia Cedit Local in a dispute against the Republic of Austria pertaining to an outstanding repayment following the bankruptcy of Lehman Brothers.

Herbst Kinsky Rechtsanwalte GmbH

Herbst Kinsky Rechtsanwalte GmbH is noted for its strength at the intersection with public law, making the team an attractive partner for disputes arising from the public sector, while it also handles various contractual, corporate and product liability disputes for companies across sectors including energy and manufacturing. Team head Stephan Lenzhofer's combined public and private law expertise reflects the group's competence in this space.

Practice head(s):

Stephan Lenzhofer

Other key lawyers:

Christoph Herbst

Testimonials

‘There is a lot of competence, on the other hand, the law firm is small enough to give the client the feeling of personal care.’

‘Stephan Lenzhofer’s team is distinguished by its competence.’

‘I have the impression that the individual departments exchange information and cooperate well. I appreciate the direct and uncomplicated contact, the quick response times and the fact that they do not beat around the bush, but get to the point. The billing is fair, especially in comparison with other lawyers and consultants.

‘Stephan Lenzhofer is an excellent lawyer. I have noticed that he has worked extremely broadly throughout his career. He recognises content, context and argues very quickly. His appearance in court is also highly professional, competent and convincing. He acts fact-based and his legal argumentation is very well received by judges.’

Key clients

GIS Gebühren Info Service GmbH

MEIKO Clean Solutions Austria GmbH

Deloitte Tax Wirtschaftsprüfungs GmbH

ESIM Chemicals GmbH

Stona Immobilien GmbH

Hofer Möbel GmbH

SPSC GmbH Deutschland

Work highlights

  • Acting for GIS Gebühren Info Service GmbH in connection with the class action against the client and ORF on allegations of the unauthorised collection of 10% VAT.
  • Representing three former members of the supervisory board of the nationalised bank Kommunalkredit Austria AG in proceedings pertaining to an alleged duty of care breach before and during the financial crisis.
  • Representing the heavyweight boxing world champion (WBA) Mahmoud Charr in legal proceedings against his manager.

KWR Karasek Wietrzyk Rechtsanwälte GmbH

Built upon its strength in construction law, KWR Karasek Wietrzyk Rechtsanwälte GmbH has a specialism in sector-specific litigation, which is routinely handled by team head Thomas Frad. His expertise in construction-related disputes alongside damages, compensation and warranty claims is shared by Lisa-Maria Schuldes, who joined the firm as junior partner at the end of 2020 from Freshfields Bruckhaus Deringer. Aviation sector work is another area of expertise.

Practice head(s):

Thomas Frad

Testimonials

Competent, friendly, customer needs are very well understood and good solutions are offered, broad coverage of all legal fields.

Promised time and cost frames are met.

Very experienced and well-connected lawyers.

The law firm specialises in interdisciplinary collaboration among partners.

Key clients

Laudamotion

Ryanair

System 7 Group

SMB Group

Joint Venture KMP

Notaries

SFL Group

Handler Group

AY-KA Bau GmbH

Work highlights

  • Contesting a works council election on behalf of Laudamotion GmbH due to elementary violations of the principles of a works council election.
  • Assisting AY-KA Bau GmbH with litigation pertaining to major construction projects.
  • Represented System 7 Group in one of the first trade secret proceedings in Austria under the new legal regime; the team has successfully defended this case in the last instance.

Lansky, Ganzger + Partner (LGP)

With offices in Slovakia, Kazakhstan and Northern Macedonia, Lansky, Ganzger + Partner (LGP) is well placed to handle cross-border disputes across various sectors such as media and entertainment - which is thanks to Gerald Ganzger's expertise in this area - as well as banking, gaming, energy and infrastructure. Managing partner Julia Andras heads the litigation team alongside the firm's Israel and Hungary desks.

Practice head(s):

Julia Andras

Testimonials

‘The legal advice and representation provided by the commercial litigation team is always highly focused and goal-oriented. They follow a flexible, situation-appropriate approach to legal disputes, which is exactly what we need and which makes them our first choice for all proceedings.’

‘Some of the team’s key strengths are that they have a strong network, offer pragmatic solutions – which I appreciate very much – and another very important strength: the quick reaction time.

‘In comparison to other firms, LGP’s strength are their international team members and their diversity of legal expertise.

‘Julia Andras takes on every challenge and delivers excellent results, highly qualified, experience paired with thorough preparation, rhetorically excellent.’

‘Gerald Ganzger has decades of experience and a well-structured approach. He is forward thinking and always has the bigger picture in mind.

‘Valentin Neuser is always on top of things, provides honest advice, is focused with an eye for details and has a solution-driven approach.

‘Gabriel Lansky: Impressive network, available round the clock, quick thinker, committed to delivering the best result possible, years and years of experience, unparalleled openness for new and demanding tasks.

Key clients

AUSTRO CONTROL Österreichische Gesellschaft für Zivilluftfahrt mbH

BAWAG

Casinos Austria AG

Energie Burgenland

Hollitzer Baustoffwerke GesmbH

T-Mobile Austria

VGN Medien Holding GmbH

Work highlights

  • Representing the Austrian bank BAWAG P.S.K. against the city of Linz in the so-called Linz Swaps case pertaining to swap transactions which turned out to be disadvantageous to the client due to a high increase in the exchange rate of the Swiss Franc.
  • Assisting Casinos Austria AG with all aspects of its business, including in defence against payment claims.
  • Representing the Austrian producer of construction materials Hollitzer Baustoffwerke GesmbH in a series of proceedings pertaining to the running of a quarry in Lower Austria.

petsche pollak attorneys at law

Dispute resolution boutique petsche pollak attorneys at law is best known for its capabilities at the intersection between commercial litigation and white-collar criminal law, which are routinely called upon by corporates and entrepreneurs requiring assistance with, among other issues, construction-related disputes, product liability matters and litigation pertaining to loan agreements and transactions. Simone Petsche-Demmel and Andreas Pollak jointly head the practice.

Testimonials

‘The competencies are very diverse, which guarantees a quick implementation, even when it comes to cross-thematic matters.’

‘The lawyers are solution-oriented and always on point! In negotiations, petsche pollak scores with knowledge, quick-wittedness, experience and perfect preparation.’

‘Simone Petsche Demmel: Top lawyer, charismatic, assertive, reliable.

‘Competence and negotiation skills.

Key clients

KAEFER S.A.

Octapharma Group

Sheikh Mohammed bin Issa Al Jaber

EUROSILICONE S.A.S.

GC Aesthetics

Healthcare group

proPellets Austria

Labau Garten- & Grünflächengestaltungs GesmbH

Work highlights

  • Advising and representing a leading international company of the construction industry in a dispute pertaining to cost over-runs in the amount of several million euros resulting from a project in Poland.
  • Representing a leading international producer of pharmaceuticals in disputes arising out of construction and turnkey projects around the globe.
  • Representing one of the world’s leading manufacturers of medical devices in product liability and tort-related proceedings.

PHH Rechtsanwälte GmbH

PHH Rechtsanwälte GmbH has recently handled corporate, shareholder, payment and contractual disputes and is also well versed in restructuring and insolvency-related litigation alongside matters at the interface with criminal law. This broad offering is led by Sebastian Mahr, whose dispute resolution capabilities extend to arbitration.

Practice head(s):

Sebastian Mahr

Other key lawyers:

Stefan Prochaska

Testimonials

‘They provide a unique mix of experience, excellent legal knowledge and truly strategic advice. They excel in cross-border work, as seen by their coordination abilities and capacity to understand the larger picture. They are sought-after specialists for complex international litigation proceedings across several jurisdictions, especially in the insurance and banking sector.’

‘Sebastian Mahr excels in cross-border work and is a big-picture kind of guy. He sees things far ahead and gives you the elevator view. He impressed me with excellent advice on short notice and his 24/7 availability.

‘Sebastian Mahr is very nice to work with and very proactive.’

‘The team around Sebastian Mahr is very responsive and convinces with industry knowledge. They are seeking to understand the client’s business to find the best possible solution for clients.’

‘Sebastian Mahr understands how to guide you step by step through complex cross-boarder litigation matters and stays focused on the key issues of the case.’

‘Sebastian Mahr is a partner that stands out not only for his calm demeanour, dedication and vast expertise, but also for his excellent team. They are committed to achieving the best possible results.’

‘The firm has a very strong offering, excellent practice and sector groups, vast range of resources and impressive network. They offer smart file sharing technology options and innovative communication channels to accelerate the completion of tasks.

‘Sebastian Mahr and his team are performing admirably. They have one of the best work ethics we’ve seen. They are approachable, reachable, and professional in every way.’

Key clients

Sberbank Europe AG

Uniqa Group

Raiffeisen Versicherung AG

Iveco Austria Gesellschaft m.b.H.

Constantia Flexibles Group GmbH

R+V Versicherung AG

UniCredit Global Leasing Export GmbH

EUROHERC Versicherung AG Zweigniederlassung Österreich

HYPO NOE Gruppe Bank AG

Österreichische Kontrollbank AG

WIENER LINIEN GmbH & Co KG

Jensen Group / Jensen Österreich GmbH

Alois Wegscheider Privatstiftung / AMB Invest GmbH

Pegasus Capital Partners GmbH

Intelligent Apps GmbH (FreeNow)

PF Media International Ltd

Work highlights

  • Representing AMB Invest GmbH in connection with a corporate dispute worth €10m.
  • Advised UniCredit Global Leasing Export GmbH in connection with a multi-jurisdictional dispute pertaining to the lease of an aircraft.
  • Advised Sberbank Europe AG on multi-jurisdictional litigation issues.

Pitkowitz & Partners

In summer 2021, dispute resolution experts Nikolaus Pitkowitz and Roxanne de Jesus left Graf & Pitkowitz, now GRAF ISOLA, to found Pitkowitz & Partners, which is known for its wide-ranging litigation and arbitration capabilities. Recent work includes IT and real estate sector litigation, shareholder and joint venture-related disputes and matters at the intersection with criminal law.

Testimonials

An excellent team. Extremely hardworking. P&P will leave no stone unturned in ensuring they do everything they can to put their client in the driving seat. They know what they are doing and they do it very well.

Nikolaus Pitkowitz is very experienced, sound and calm.

Roxanne de Jesus is tireless in the pursuit of her client’s interests and highly intelligent. Roxanne is a very good cross-examiner.

Mr Pitkowitz and Mrs Roxanne de Jesus. Absolutely competent.

It is an internationally focused and knowledgeable team, which can bring its wide experience to bear on local litigation whilst appreciating the different cultural requirements of its clients.

Nikolaus Pitkowitz is extremely user-friendly, has a wealth of knowledge and experience and is a delight to work with.

Excellent knowledge.

Great leadership and strategy from Nikolaus Pitkowitz. Roxanne de Jesus is an absolute star.

Key clients

Calunius Capital LLP

NoIntegral-Montage Anlagen- und Rohrtechnik GmbH

Facebook Ireland Limited

Alperton Capital

Yahoo! (Verizon EMEA)

McArthurGlen

Kinve Solar Power

Regus Group (IWG Management (Austria) GmbH)

General Dynamics

Work highlights

  • Advising Calunius Capital, a third party funder, in a commercial litigation funding which is financing a class action on behalf of thousands of Austrian claimants in proceedings pertaining to the Volkswagen emissions scandal.
  • Defended Facebook Ireland Limited against a class action based on alleged breaches of data protection initiated in Austria by (initially) around 75,000 global claimants.
  • Representing Yahoo! in a right to be forgotten dispute.

Taylor Wessing enwc Rechtsanwälte GmbH

Taylor Wessing enwc Rechtsanwälte GmbH has a strong profile for cross-border litigation, most notably across CEE and SEE countries. It handles a broad spectrum of commercial and corporate litigation and applies its interdisciplinary skills to provide assistance with disputes at the intersections with banking and finance, IP, real estate and restructuring. Litigator and arbitrator Wolfgang Kapek heads the practice.

Practice head(s):

Wolfgang Kapek

Testimonials

‘Profound legal knowledge in commercial litigation, quick elaboration of the complaint, good and timely information about all legal issues.’

‘Special knowledge in competition law, excellent response times.’

‘The team (we have worked with Wolfgang Kapek and Stefan Turic in particular) has won many cases for us in recent years or has at least reached the best possible results. They are very reliable and understand our business and the sector we’re in very well. From what we have seen, the team has grown substantially in the last year.’

‘The two partners Wolfgang Kapek and Stefan Turic handle our litigation cases. For our needs, they form an ideal team. They know our sector very well, which is a huge asset.’

‘Great team, efficient work with very good mood at the same time; appreciate the creativity in finding solutions for difficult questions.’

‘Very high in quality, precise answers, they get to the point of the problem.’

‘Very precise and convincing writing, tactical and forward thinking, possible reactions of the opponent are considered at an early stage and taken into account in the strategy.’

Key clients

Slovenska sporitelna a.s

HD Consulting & Communications GmbH

SABIANA S.P.A

Tekpoint GmbH

Debitos GmbH

AAB Bank (former Meinl Bank)

NADA National Anti Doping Agency

Pirelli Tyre S.p.a

A1 Telekom Austria Aktiengesellschaft

Nestlé/Nespresso

NORSKE SKOGINDUSTRIER ASA, Norway

Lafarge Perlmooser GmbH

Erste Bank der österreichischen Sparkassen AG

Ceskoslovenska obchodná banka, a.s

City of Banská Bystrica

EISMANN

ANEXIA

ACE European Group Limited

Vorwerk

Pisek Vitli Krpan d.o.o.

Eternit Werke Ludwig Hatschek GmbH

Work highlights

  • Acting for several clients from the IT and production sectors, who had deposited funds in the millions with Commerzialbank Mattersburg im Burgenland AG in asserting claims against the insolvency estate and the auditors.
  • Representing Vorwerk in several disputes against former independent sales representatives.
  • Advising Société des Produits Nestlé S.A. on a trademark infringement of the trademark MAGGIand.