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Binder Grösswang

STERNGASSE 13, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 53 48 0
Fax:
Fax +43 1 53 48 08
Email:
Web:
www.bindergroesswang.at
Innsbruck, Vienna

Austria

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

Binder Grösswang

Binder Grösswang is praised for its 'excellent lawyers and strong market reputation'; the team is known for its representation of clients from the energy, pharmaceutical and life sciences, banking and finance, and transport sectors (particularly aviation and railways). Johannes Barbist, noted for his 'great approach to dealing with problems' and 'industry knowledge', heads the practice, which advises on licensing, environmental, constitutional, state aid and regulatory law.

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Banking and finance
Banking and finance - ranked: tier 1

Binder Grösswang

Commended for its 'wide-ranging expertise' and its ability 'to handle even the most complex matters', Binder Grösswang routinely provides financial institutions and corporates with advice on acquisition, real estate and project finance alongside restructuring-related finance issues and regulatory matters. Together with its corporate practice, Stephan Heckenthaler assisted Emirates NBD Bank with the acquisition of 99.85% of the shares in the Turkish DenizBank and its Austrian subsidiary from Sberbank of Russia. In project finance, he advised Landesbank Hessen-Thüringen Girozentrale (Helaba) and Hypo Vorarlberg Bank on financing the upgrade of the Althan Quartier in Vienna, while Emanuel Welten acted for UniCredit Bank Austria on the financing of the construction of The Student Hotel in Vienna. Other key individuals include Tibor Fabian, Stephan Heckenthaler and the 'very experienced' Michael Binder.

Leading individuals

Stefan Tiefenthaler - Binder Grösswang

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Capital markets
Capital markets - ranked: tier 1

Binder Grösswang

Binder Grösswang is particularly active in advising financial institutions and companies on bond issuance programmes and capital increases while also representing them in approval procedures before the Austrian Financial Market Authority (FMA) and providing assistance with compliance issues. In a recent highlight, Florian Khol advised BKS Bank on a capital increase including a public offer in Austria, that included assisting with the prospectus preparation, approval procedures before the FMA and the registration with the Austrian Commercial Register. Together with Tibor Fabian, he also assists several housing banks with housing bonds issuance programmes. Michael Binder and Stephan Heckenthaler are other names to note.

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

Binder Grösswang

The 'very responsive, highly professional and deal-driven' team at Binder Grösswang attracts praise for its strong M&A and corporate offering and is also well versed in handling restructurings and private client mandates. In the corporate sphere, Florian Khol and 'grand seigneur' Michael Kutschera acted as legal counsel for Lenzing on forming a joint venture with Duratex to build a dissolving wood pulp plant in Brazil and, in the transactional space, Thomas Schirmer advised Ardian on the sale of its shares in Esim Chemicals to Sun Capital Partners. The team, which includes Andreas Hable and Gottfried Gassner, also assisted the founding shareholders of the Greek company Argo SA with the sale of 100% of its shares to Alpla. Hermann Schneeweiss joined Eisenberger & Herzog in March 2018.

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Dispute resolution: arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 3

Binder Grösswang

Binder Grösswang's team has strong arbitrator and arbitration counsel capabilities, acting in commercial and insurance coverage disputes with wide-ranging industry knowledge including energy, manufacturing, transport, banking and finance as well as construction and engineering. Practice head Michael Kutschera and 'exceptionally bright legal mind and tireless representative' Christian Klausegger are the main contacts; both also act as arbitrators.

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Dispute resolution: commercial litigation
Dispute resolution: commercial litigation - ranked: tier 1

Binder Grösswang

Praised for its 'great handling of difficult situations', Binder Grösswang's sizeable, 'highly motivated, pragmatic and reliable' team has a fine reputation for representing financial institutions in proceedings against investors; it is defending Erste Bank Group against class actions and mass claims brought by investors pertaining to the insolvency of Alpine Group. Other key areas of expertise include commercial and IT-related disputes alongside private enforcement proceedings, while team head Christian Klausegger has been handling an increasing number of insurance coverage disputes for insured entities and insurers. Stefan Albiez stands out for his 'broad and in-depth knowledge' and 'fantastic problem-solving skills'.

Leading individuals

Christian Klausegger - Binder Grösswang

Next generation lawyers

Stefan Albiez - Binder Grösswang

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Dispute resolution: white-collar crime (including fraud)
Dispute resolution: white-collar crime (including fraud) - ranked: tier 3

Binder Grösswang

Much of Binder Grösswang's workload pertains to banking, finance and capital markets-related issues alongside defending accusations of embezzlement, fraud and industrial espionage. The 'very efficient and thorough' team also assists financial institutions, corporates and private clients with internal investigations and compliance matters. Stefan Albiez and 'excellent strategic planner' Christian Klausegger are praised for their 'constructive and clear approach' alongside their 'skill in simplifying complex and extensive matters'.

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EU and competition
EU and competition - ranked: tier 2

Binder Grösswang

Binder Grösswang is particularly strong in the pharmaceutical, transport (especially railways), food and beverages, industrial, energy, banking and finance, and gaming sectors. The team 'knows competition law inside out'; it acts for Coca-Cola HBC Austria, Lenzing and Novomatic, among others, and has recently won several significant new clients, including Samsung Austria, GlaxoSmithKline, Metro Cash & Carry and Magna International. Department head Raoul Hoffer ('a top competition lawyer') and the 'responsive' and 'committed' Christine Dietz represented German wagon-leasing company VTG in one of the few phase II merger control proceedings to take place in Austria last year. Assisted by counsel Isabelle Innerhofer (who is praised for her 'practical, problem-solving approach'), Hoffer also acted for the city of Vienna and the federal state of Upper Austria in follow-up damages proceedings relating to the elevator and escalator cartel. Other areas of expertise include state aid and abuse of dominance cases. Johannes Barbist is also noted.

Leading individuals

Raoul Hoffer - Binder Grösswang

Next generation lawyers

Christine Dietz - Binder Grösswang

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Employment
Employment - ranked: tier 2

Binder Grösswang

Litigation and data protection advice are key aspects of Binder Grösswang's employment practice. Practice head Horst Lukanec and Angelika Pallwein-Prettner recently represented a payment services company before the Labour and Social Court in a case regarding a works council member's challenge to the transfer of his employment relationship in the course of a spin-off of part of the business; the pair also advised the client on the change of the applicable collective bargaining agreement following a merger. The team has also handled a number of termination of employment cases, including acting for Vapiano Restaurant Betriebs- und Beteiligungs in a challenge of termination by an employee. Xerox Global Services, Starbucks and Sirti are also key clients.

Next generation lawyers

Angelika Pallwein-Prettner - Binder Grösswang

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 2

Binder Grösswang

With the support of the banking and finance, dispute resolution and corporate departments at its disposal, ‘very quick, well-structured and organised team at Binder Grösswang routinely acts for creditors and debtors in national and international corporate and financial restructurings and distressed M&A transactions, as well as in insolvency proceedings. The ‘open-minded’ and 'very reliable' Gottfried Gassner, who leads the team with Emanuel Welten, advised the international creditors’ co-ordinating committee on the restructuring of the prominent Steinhoff Group and acted for TUI Group on the pre-insolvency and insolvency proceedings of Air Berlin and Niki Luftfahrt.

Leading individuals

Gottfried Gassner - Binder Grösswang

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Intellectual property
Intellectual property - ranked: tier 3

Binder Grösswang

A large part of Binder Grösswang’s IP practice revolves around non-contentious and contentious trade mark work, entailing the registration and management of worldwide trade mark portfolios, as well as related infringement proceedings for a diverse range of industry sectors, such as telecoms, luxury goods, food and entertainment. IP transfer and licensing work and IP due diligences are also key areas of activity, as is advice on unfair competition matters, including lawsuits. ‘Highly knowledgeable’ team head Ivo Rungg has ‘great expertise’ and successfully assisted Hypo Vorarlberg Bank on the registration of a sound trade mark. Hellmut Buchroithner is recommended for his ‘practical approach’. Philipp Spring joined the firm as a senior associate in the second half of 2017.

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Private client
Private client - ranked: tier 2

Binder Grösswang

Binder Grösswang’s ‘exceptionally professional’, ‘determined’ and ‘very flexible and co-operative’ private client team provides ‘comprehensive expertise’ on matters relating to succession planning and foundations, including their establishment, structuring and dissolution, investments, real estate and change of residence. Recognised for ‘his exceptional skill’, the ‘very calm and collected’ Andreas Hable jointly heads the team with Bernd Schneiderbauer, who is ‘able to think beyond borders and to take a holistic view of the entire case.’ Hable and Schneiderbauer have recently been advising a well-known Polish entrepreneurial family on the establishment of an Austrian private foundation with respect to international succession and wealth planning.

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Projects and energy
Projects and energy - ranked: tier 3

Binder Grösswang

Taking a multi-disciplinary approach, Binder Grösswang regularly combines its corporate, finance, real estate, regulatory and contentious capabilities to advise clients on energy and infrastructure projects. In recent work, the team advised Erste Bank and the European Investment Bank on the financing, construction and operation of three Austrian wind farms. Johannes Barbist heads the team.

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Public procurement
Public procurement - ranked: tier 4

Binder Grösswang

Binder Grösswang's public procurement team is led by Johannes Barbist and is part of the firm's regulatory practice, which works in close co-operation with its corporate and M&A groups. It assists companies and service providers with general public procurement law matters, review proceedings, tender documentations and tender proceedings.

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Real estate
Real estate - ranked: tier 3

Binder Grösswang

With a focus on transactional and project financing work, Binder Grösswang's 'highly professional' team advised Corestate Capital on the acquisition of the third Triiiple tower in Vienna. Alongside national and international real estate investment companies, the practice also advises financial institutions, corporates and private clients. Tibor Fabian jointly heads the team with the 'smart and very friendly' Markus Uitz.

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TMT
TMT - ranked: tier 4

Binder Grösswang

Binder Grösswang's strength lies in dealing with IT contracts, outsourcings, e-commerce and data protection issues. Team head Ivo Rungg advised Springer Maschinenfabrik on a co-operation agreement for the development of a new IT system, and assisted Tiroler Glashütte with matters pertaining to its launch of a new online sale and distribution system. Tele2 Telecommunication retained the team to advise on IT outsourcing matters.

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Tax
Tax - ranked: tier 2

Binder Grösswang

Binder Grösswang's corporate prominence translates into a steady flow of mandates at the intersection of tax and corporate law but the 'responsive' team also handles international tax including base erosion and profit shifting matters, tax litigation and private client issues. 'Commercially savvy' co-head Christian Wimpissinger advised Constantia Flexibles on tax law issues pertaining to the sale of its Labels division to Multi-Color, and co-head Andreas Hable acted for Heitkamp Construction in proceedings concerning the recovery of tax withheld by Alpine Bau, the Swiss subsidiary of Alpine Bau GmbH.

Leading individuals

Christian Wimpissinger - Binder Grösswang

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Legal Developments by:
Binder Grösswang

  • Foreign investors face new barrier when acquiring Austrian companies

    On December 8, 2011 an amendment of the Foreign Trade Act 2011 (Außenwirtschaftsgesetz 2011, until then Außenhandelsgesetz 2011, “FTA 2011”) entered into force imposing a substantial new barrier on foreign investors when acquiring shares in Austrian companies that operate in areas of public security and order. This amendment came as a surprise as part of the Budget Consolidation Act 2012 (Budgetbegleitgesetz 2012), governing different topics. The key points of the new barrier for foreign investors are the following:
    - Binder Grösswang Attorneys-at-Law

Legal Developments in Austria

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