The Legal 500

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UNIVERSITÄTSRING 10, 1010 VIENNA, AUSTRIA
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Work +43 1 533 47 95
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Web:
www.dorda.at

Austria

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

Dorda

Dorda provides regulatory advice to regulated industry players from the infrastructure, energy and gaming sectors, among others. Team head Bernhard Müller continues to advise Kwizda Agro on water contamination and permitting issues and assisted a consortium of casino and lottery operators with gaming law issues.

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Banking and finance
Banking and finance - ranked: tier 2

Dorda

Dorda’s team is ‘always available’ and praised for its ‘short response times’. National and international banks, funds, corporates and public entities regularly instruct the team with financial transactions, regulatory and bank contract law issues as well as litigation. In a notable highlight, a team led by ‘client-oriented and approachable’ practice co-head Andreas Zahradnik acted as Austrian counsel for Montagu Equity Fund in the acquisition of Universal-Investment including regulatory approval work. Practice co-head Tibor Varga is ‘very experienced’.

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Capital markets
Capital markets - ranked: tier 1

Dorda

Dorda covers a broad range of capital markets work with significant expertise in IPOs, listings and de-listings, capital increases and private placements alongside debt restructuring and defence work in shareholder disputes. Andreas Mayr and Christoph Brogyányi assisted Petrus Advisers with the sale of its stake comprising approximately five million shares in conwert Immobilien Invest. In a separate matter, Tibor Varga and Brogyányi advised a number of Porr shareholders on private placement issues. Andreas Zahradnik is another key figure of the team.

Leading individuals

Andreas Mayr - Dorda

Claus Schneider - Wolf Theiss

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

Dorda

Considered a ‘very good choice’, Dorda acts for corporate clients, investment banks and private equity firms in cross-border transactions and corporate matters at the intersection of banking and finance and capital markets law. Felix Hörlsberger and the ‘dedicated, focused and solution-orientedChristian Ritschka, who made partner in February 2017, advised Austrian real estate investor and developer Supernova on two real estate transactions in Croatia. The ‘very approachableMartin Brodey, who co-heads the team with Andreas Mayr, assisted Miba with the acquisition of full ownership of Brazilian sinter component manufacturer Mahle Metal Leve Miba Sinterizados. Bernhard Rieder is ‘smart, responsive and dedicated’ and provides ‘practical advice’.

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Construction
Construction - ranked: tier 3

Dorda

Dorda focuses on contractor agreements, residential project development work, public procurement and litigation. The ‘accurate’ Klaus Pfeiffer advised TK Maxx on general contractor and architect agreements as well as construction and operation permits. Stefan Artner heads the team.

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EU and competition
EU and competition - ranked: tier 3

Dorda

Dorda predominantly acts across the healthcare, life sciences, energy and transport sectors and frequently advises on merger control proceedings and cartel investigations. ‘Excellent’ competition and antitrust practice head Heinrich Kühnert advised Sazka on merger control matters pertaining to the acquisition of shares in Casinos Austria, and represented the healthcare provider Orpéa and its Austrian subsidiary SeneCura in merger control proceedings before the Austrian Competition Authority. Axel Anderl heads the unfair competition group.

Next generation lawyers

Heinrich Kühnert - Dorda

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Employment
Employment - ranked: tier 3

Dorda

Dorda has significant experience in advising employers and employees on a wide range of topics, from individual employment contracts to collective bargaining agreements as well as corporate restructuring and reorganisation mandates. ‘Professional and experienced’ team head Thomas Angermair advised Fujifilm Europe on the partial closure of its business operations in Austria including employment terminations, and assisted Wiener Symphoniker with collective bargaining agreement negotiations with the relevant trade union.

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

Dorda

Noted for its ‘very good negotiation skills’, Dorda provides ‘business-oriented’ advice to lenders and distressed borrowers on pre-insolvency reorganisations and refinancings, while also representing creditors in insolvency proceedings and insolvency-related litigation. The ‘strategic’ Felix Hörlsberger continues to advise bauMax on its restructuring. Christian Ritschka is ‘hard-working’ and ‘a pleasure to work with’.

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Intellectual property
Intellectual property - ranked: tier 2

Dorda

Highly recommended for contentious and non-contentious copyright and trade mark work, Dorda represented the Austrian Red Cross in trade mark registration proceedings, and assisted Wein & Co with the management of its trade mark portfolio, among other issues. ‘Experienced’ team head Axel Anderlhas a stellar reputation in the market’, while ‘very competent’ junior partner Andreas Seling ‘provides quick responses’ and is ‘a pleasure to work with’.

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Private client
Private client - ranked: tier 3

Dorda

Dorda has a specialism in corporate succession work and frequently advises on private foundations and trusts matters including tax structuring. Paul Doralt, who co-heads the team with Elmar Drabek, advised the Schmidt Chiari Family Trust on family trust matters following the death of Guido Schmidt Chiari, former CEO of the Austrian bank Creditanstalt, and assisted a Russian high-net-worth individual with the establishment of an Austrian private foundation with his family members as beneficiaries.

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Projects and energy
Projects and energy - ranked: tier 3

Dorda

Dorda has regulatory and transactional work at its core and significant expertise in the oil, gas and power sectors. In a recent highlight, the team advised Spanish natural gas and electrical energy utilities company Gas Natural Fenosa on various corporate and regulatory matters pertaining to its entry into the Austrian gas market. Bernhard Müller and Heinrich Kühnert co-head the team.

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Public procurement
Public procurement - ranked: tier 3

Dorda

Acting for tenderers and contracting entities, Dorda is also active in PPPs and has a particular focus on energy, healthcare and construction sector work. Team head Bernhard Müller continues to advise the Climate and Energy Fund on the structuring of a PPP with various Austrian communities and the implementation of state aid schemes, while also assisting OMV with a new global tender strategy.

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Real estate
Real estate - ranked: tier 2

Dorda

Dorda is ‘highly recommended’ for transactional work. Recent highlights include advising S IMMO on the sale of the OMV headquarters in Vienna to Deka Immobilien, and acting for the portfolio management company Amundi Real Estate in its purchase of two AccorHotels from UBM Development. Klaus Pfeiffer and ‘good negotiator’ and team head Stefan Artner assisted ARE Austrian Real Estate with the forward purchase of office project Denk Drei.

Leading individuals

Stefan Artner - Dorda

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TMT
TMT - ranked: tier 1

Dorda

The ‘outstanding’ team at Dorda is an ‘excellent partner in difficult times’, providing ‘exceptional service’ and utilising its ‘deep knowledge’ to advise on the full spectrum of technology, media and telecoms law with a focus on IT and data protection. ‘Intelligent and pragmaticIT specialist’ and team head Axel Anderl, who is noted for his ‘excellent negotiation skills’ and is ‘pleasant to work with’, advised Kommunalkredit on outsourcing and data protection matters. Other key members include Felix Hörlsberger and Heinrich Kühnert. Also recommended are Bernhard Heinzl and the ‘knowledgeable’ Nino Tlapak, who were both promoted to junior partner in 2017.

Leading individuals

Axel Anderl - Dorda

Next generation lawyers

Nino Tlapak - Dorda

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Tax
Tax - ranked: tier 3

Dorda

Corporate tax structuring and private client taxation work form the central pillars of Dorda’s tax practice which is led by the ‘very experiencedPaul Doralt. He advised Odebrecht Latinvest on capital gains taxation matters, while the team also assisted Schmidt-Chiari Family Trust with trust-related tax issues and advised a group of Leder & Schuh shareholders on taxation matters pertaining to restructuring measures.

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Austria: Dispute resolution

Arbitration and mediation
Dispute resolution: arbitration and mediation - ranked: tier 1

Dorda

Dorda’s sizeable team, including a number of arbitrators, is ‘excellent’ at handling corporate and commercial disputes such as arbitration proceedings on co-operation, distribution and trade agreements. The team is headed by the recommended Florian Kremslehner and also includes Gunnar Pickl, who was promoted to counsel in 2017. Christoph Stippl left the firm in 2017 to take a career break.

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

Dorda

Commended for its wide-ranging expertise, Dorda is particularly known for its strong investor and insurance defence practice and is also adept at advising on white-collar crime aspects. Felix Hörlsberger defended AIG in a D&O coverage dispute against two former directors of a financial institution. In different work, team head Florian Kremslehner represented Arenaria, a cultural event planning agency and entity of the Esterhazy group, as plaintiff in a dispute against the Austrian state Burgenland over state funding for cultural events.

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White-collar crime (including fraud)
Dispute resolution: white-collar crime (including fraud) - ranked: tier 2

Dorda

Routinely working in conjunction with the firm’s dispute resolution team, Dorda’s ‘strong’ practice defends individuals against allegations of embezzlement, bribery, corruption and tax evasion and handles internal investigations and compliance matters. The ‘sensibleFlorian Kremslehner continues to advise Immofinanz on criminal investigations against former board members including Karl Petrikovics. Thomas Voppichler, formerly a senior associate with the firm, joined KNOETZL as counsel in 2018.

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Legal Developments by:
Dorda Rechtsanwalte GmbH

  • 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

Legal Developments in Austria

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