Schoenherr (Schönherr Rechtsanwälte) > Vienna, Austria > Firm Profile
Schoenherr (Schönherr Rechtsanwälte) Offices
SCHOTTENRING 19
1010 VIENNA
Austria
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Schoenherr (Schönherr Rechtsanwälte) > The Legal 500 Rankings
Austria > Administrative law and public sector Tier 1
Environmental and climate change law are the key areas of focus for Schoenherr (Schönherr Rechtsanwälte), with environmental impact assessments being a key part of the firm’s offering. The firm regularly advises infrastructure and renewable energy developers in relation to obtaining the necessary construction permits from public bodies, and has also supported technology companies involved in developing self-driving cars, AI products and drones. The practice group is led by a four-part team consisting of Bernd Rajal, Christian Schmelz
, Günther Leissler and Johannes Stalzer and also includes counsel Benjamin Schlatter.Practice head(s):
Bernd Rajal; Christian Schmelz; Günther Leissler; Johannes Stalzer
Other key lawyers:
Testimonials
‘Far ahead of all other law firms in Austria concerning energy sector and environmental impact assessment law in connection with all related legal matters. Always on time. Thinking out of the box, developing perfect solutions collaborating with the best of the best, exceptional network.’
‘Bernd Rajal is super pragmatic and has strong business acumen.’
‘Christian Schmelz’s work is characterised by meticulousness, speed and perfection. Benjamin Schlatter is an excellent expert as well. He delivers sound analyses of complicated problems, brings in new ideas and helps to develop good solutions.’
‘When it comes to administrative and constitutional law, Schoenherr’s public law group is known as No. 1 in the market. We fully understand why. They have unparalleled expertise not only in planning and environment, but also in many other fields of public law as well as in constitutional law. When it comes to proceedings before the Constitutional Court and the High Administrative Court, you almost feel how highly respected they are at these high courts.’
‘Christian Schmelz is probably the most regarded practitioner in this field and regarded as the “doyen” of public law. He is at the forefront of all new developments in public and environmental law and also in political or ecological developments. He is simply outstanding: his technical and ecological competence is extraordinarily high.’
‘Christian Schmelz and his team are absolute connoisseurs of the matter and represent us brilliantly in approval procedures. Pending problems are recognised and solved as best as possible to the satisfaction of the customer.’
‘Johannes Stalzer: competent, diligent, solution-oriented, reliable, good understanding of the business context and the legal concerns.’
‘The Schoenherr regulatory team led by Christian Schmelz has irrefutably strong expertise in the field. As a client, we are facing good listeners and we can rely on a top-notch strategy and relentless execution. The entire team is very good at compiling concise, easy to read, and crystal clear verbal and written pleading. Sometimes it does not need an army, but a well-trained and prepared assassin to win a battle. This is exactly what Schoenherr delivers. Silently.’
Key clients
SpaceX/Starlink
BASF SE
Österreichische Bundesforste (ÖBF)
Bundesimmobiliengesellschaft m.b.H. (BIG)
Autobahnen- u Schnellstraßen-Finanzierungs-AG (ASFINAG)
Österreichische Bundesbahn (ÖBB)
Wiener Linien GmbH & Co KG
Wiener Stadtwerke Holding
UBER
Sony
Vienna International Airport
European Commission
Red Bull
UniCredit
European Bank for Reconstruction and Development (EBRD)
VERBUND
Flixbus
Austrian Chamber of Commerce
Association of Austrian Pharmacies
EXAA Energy Exchange
Monier Group
Lime
WIPARK
Wiener Lokalbahnen (passenger and cargo)
Wiener Netze
Infoscreen (GEWISTA)
OMV AG (E&P)
Österreichische Post AG
EVN AG
Federal Minister of Energy of Austria
Netz Niederösterreich (distribution company)
Stadt Wien
Wien Energie
Gewista
JCDecaux
Work highlights
- Advising SpaceX on all public law and regulatory aspects in relation to the rollout of the Starlink satellite internet constellation services to Austria, CEE and SEE.
- Advising the City of Vienna and Wien Energie on the handling of all legal aspects concerning the decarbonisation of the entire Vienna building infrastructure.
- Advised the Public Broadcast Company (ORF) on the successful closing of the TV internet streaming gap before the Austrian Constitutional Court.
Austria > Banking and finance Tier 1
Combining strong regulatory knowledge with a multi-jurisdictional transactional practice, the group at Schoenherr (Schönherr Rechtsanwälte) has continued its expansion into the ESG space. Martin Ebner, who leads the team alongside Peter Feyl and Laurenz Schwitzer, is a ‘go-to adviser for large and complex domestic and cross-border financing transactions‘ and is also managing partner of the firm’s Linz office. Schwitzer, who is described as a ‘very experienced finance lawyer‘, focuses on real estate and asset finance work, as well as renewable energy financing transactions. The trio are well supported by Ursula Rath, who has a ‘broad knowledge of the industry‘, and a varied practice including capital markets transactions, M&A transactions, and regulatory advice.
Practice head(s):
Martin Ebner; Peter Feyl; Laurenz Schwitzer
Other key lawyers:
Ursula Rath; Michael Magerl; Christoph Moser
Testimonials
‘Great work setting up projects with a lot of legal and organisational challenges. They execute important matters in an effective and legally secure way within a limited timeline.’
‘Ursula Rath is by far the best lawyer I have worked with. She always has the necessary overview as well as a deep and broad knowledge of the industry, she always stays calm with a clear head in busy/stressful times and finds the best solutions for her clients.’
‘Martin Ebner is pragmatic, hands-on, responsive, fully in control of matters and very pleasant to work with. There was never any legal issue which couldn’t be solved in the interest of the client.’
‘Martin Ebner has outstanding abilities when it comes to managing a team and aligning complex legal matters in a big project team. Christoph Moser demonstrates an exceptional legal performance if confronted with legal challenges on a short time frame.’
‘Very experienced finance team, vast amount of experience, deliver very good drafting which reflects what you need and want. A pro-active, solution-oriented approach.’
‘Martin Ebner is a highly experienced finance lawyer. He sees problems and the answers to them, very good drafter. Constructive negotiator. Pro-active approach. Very approachable and helpful. Laurenz Schwitzer is a very experienced finance lawyer with an impressively good memory. He is a very good and quick drafter. Very constructive negotiator.’
‘Very strong banking and finance practice. Deep team with great talent at all hierarchy levels, skilled project/transaction managers (especially in transactions that are document heavy and/or involve multiple jurisdictions) and good use of technology.’
‘Martin Ebner is our go-to adviser for large/complex domestic and cross-border financing transactions.’
Key clients
ABBAG Abbaumanagementgesellschaft des Bundes
Acer
Advent International
AGRANA Group Services GmbH
Amazon
Alipay
Art Invest
Aves One
B & C Holding Austria
Bank of America Merril Lynch
Barclays Bank
BENTELER International AG
Bitpanda
Blackrock
Conda Crowdinvesting Europe
ContourGlobal
COVID-19 Financing Agency of the Federal Government GmbH (COFAG)
Commerzbank
Credi2
Credit Suisse International
Work highlights
- Advised Austrian pharmaceuticals wholesaler Herba Chemosan Apotheker-AG (Herba Chemosan) on the financing of the acquisition in the course of its recent management buy-out (MBO).
- Advised Bitpanda on its latest financing rounds and a wide range of regulatory-driven matters, in particular in connection with the development of a digital assets brokerage service, the set-up/streamlining of Bitpanda’s customer identification process, and the expansion of Bitpanda’s product portfolio.
- Advised UniCredit Bank Austria on the €327.5m acquisition financing of Grabenhof for Ärztekammer für Wien.
Austria > Capital markets Tier 1
The ‘internationally focused’ team at Schoenherr (Schönherr Rechtsanwälte) is strongly connected to both the Austrian and international banking community and is lauded for its strong transactional knowledge. Ursula Rath, whose financial services regulation expertise benefits the practice, leads the team alongside Christoph Moser, who works on capital markets transactions on both the debt and equity side, and also handles corporate finance and security law mandates. The pair are well supported by attorney-at-law Angelika Fischer, who joined the team from Weber & Co. Attorneys-at-Law alongside Moser.Practice head(s):
Ursula Rath; Christoph Moser
Other key lawyers:
Sascha Schulz; Angelika Fischer
Testimonials
‘Very hands on, internationally focused and they have the strongest lawyers in transactions.’
‘Ursula Rath and Christoph Moser have a strong reputation and are highly skilled in their fields.’
‘One of the best choices for setting-up new and (from a legal and organisational perspective) really complex and challenging projects. Excellent response times with exceptional legal quality.’
‘Christoph Moser provides exceptional response times in urgent matters and produces the highest legal quality. Sascha Schulz has exceptional knowledge in his practice area, really great and impressive expertise, always pleasant to work with him.’
‘Highly reputed capital markets team. A leading team in Austria; good to work with and well connected.’
‘Christoph Moser is an excellent capital markets lawyer.’
‘Significant capital markets expertise, excellent communication, and fast response times.’
‘Deep knowledge, high availability, personal interaction.’
Key clients
ASFINAG Autobahnen- und Schnellstraßen-Finanzierungs-Aktiengesellschaft
Bank of America Merrill Lynch
Barclays Bank PLC
Bitpanda
BofA Securities Europe SA
Citigroup
Commerzbank AG
Credit Suisse AG
DekaBank Deutsche Girozentrale
Deutsche Bank
DZ BANK AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main
Erste Group Bank AG
Goldman Sachs International Bank
HSBC Bank plc
J.P. Morgan Securities plc
Jefferies GmbH
Landesbank Hessen-Thüringen Girozentrale (Helaba)
Kontron AG (formerly S&T AG)
Morgan Stanley
Nice & Green S.A.
Nomura International plc
OMV AG
Palfinger AG
Raiffeisen Bank International AG
SW Umwelttechnik Stoiser & Wolschner AG
UniCredit Bank AG
UniCredit Bank Austria
UNIQA Insurance Group AG
Wienerberger AG
Work highlights
- Advised the dealers on the Republic of Austria’s inaugural green bond.
- Advised the arranger and dealer of Bausparkasse Wüstenrot AG’s 2022 debt issuance programme as well as all issuances of senior preferred notes and covered bonds under the DIP.
- Advised Vienna Stock Exchange listed Wienerberger AG on the €81.25m placement of treasury shares with institutional investors.
Austria > Commercial, corporate and M&A Tier 1
Schoenherr (Schönherr Rechtsanwälte) has a strong track record in large-scale corporate transactions in Austria and supports all types of corporate entities, from market leaders to start-ups. Practice head Roman Perner is at the forefront of the team’s corporate contentious work internationally, and handles mandates concerning domestic corporate reorganisations. Christian Herbst is extremely experienced in private M&A, venture capital, public takeover and corporate finance transactions, and counts many international companies as clients. Another prominent name to note is Markus Piuk, referred to by clients as a ‘personable, knowledgeable, and astute negotiator’, whose practice stands out for its focus on matters related to infrastructure projects within Southeastern Europe. Sascha Hödl also contributes to the practice, and Maximilian Lang is an expert in M&A transactions and Austrian corporate law.Practice head(s):
Roman Perner
Other key lawyers:
Alexander Popp; Sascha Hödl; Christian Herbst; Maximilian Lang; Markus Piuk
Testimonials
‘What makes the team unique is the understanding of business challenges and not sole focus on legal topics. They are great advisers.’
‘Markus Piuk understands the business goal.’
‘The Schönherr team provides excellent service across all dimensions. They are quick to react to questions or requests for support, provide great legal advice, and are shrewd negotiators.’
‘Excellent team, extremely hardworking, always available.’
‘Markus Piuk is personable, knowledgeable, and an astute negotiator.’
Key clients
Starwood Capital Group
Sanofi
COFAG – COVID-19 Finanzierungsagentur des Bundes GmbH
Kellogg’s
UBS Europe SE
immigon portfolioabbau ag
VERBUND AG
UNIQA Group
OMV AG
AddLife
UNICORN-Biotech Holding GmbH
RFR
voestalpine Stahl GmbH
Deutsche Post AG
ECOwind Handels- & Wartungs GmbH
UniCredit Bank Austria AG
Erste Group
Funke Mediengruppe
Bilfinger Industrial Services Österreich GmbH
Work highlights
- Advised Starwood Capital Group on the public takeover offer for VSE-listed CA Immobilien Anlagen AG.
- Supported Sanofi with all legal aspects of the acquisition of Origimm Biotechnology GmbH from Origimm’s CEO and founder, and Atlan Privatstifting.
- Advised PALFINGER AG on the reversal of the cross-shareholding with the SANY Group, a Chinese equipment manufacturing group.
Austria > Dispute resolution: commercial litigation Tier 1
Schoenherr (Schönherr Rechtsanwälte) acts in a multitude of complex commercial litigation proceedings, including large-scale pharmaceutical, finance-related and data protection disputes, as well as multi-party construction matters. The practice is jointly headed by life sciences specialist Andreas Natterer, and Christoph Lindinger, whose specialism is in investor litigation. Active across the entire CEE region, the practice has a strong track record in cross-border commercial disputes, appearing before courts across multiple jurisdictions. Bojana Vareskic regularly acts in consumer class-action suits and advises on contractual disputes in the energy sector, while Sara Khalil specialises in data protection and distribution disputes.Practice head(s):
Christoph Lindinger; Andreas Natterer
Other key lawyers:
Sara Khalil; Bojana Vareskic; Klara Kiehl
Testimonials
‘Very forward looking, structured advice of the very highest quality.’
Key clients
Raiffeisen Bank International
Funke Medien Group
UBER BV
Meta Platforms Ireland Ltd
KONE
Mondelez
Danone
Verband der Versicherungsunternehmen Österreichs – VVO
HETA Asset Resolutioin AG iA
Work highlights
- Representing Funke Group in a set of commercial litigations (in Austria and Germany) concerning a syndicate agreement signed in 1987.
- Representing Adler and its subsidiaries in nine disputes against different investment companies and investors based in Liechtenstein, Austria, and Germany.
- Representing Meta in data protection proceedings against claims filed by data protection activist Maximilian Schrems in 2014.
Austria > EU and competition Tier 1
Schoenherr (Schönherr Rechtsanwälte) offers expertise in all matters of competition, EU and foreign trade law, including the representation of leading industry players in European and Austrian antitrust investigations, and state aid-related proceedings. The practice’s client base is predominantly comprises major players from the construction, transport, media, packaging, energy, telecoms, and food retail sectors. Other work includes defence of enterprises in private actions for damages, cease and desist orders, and follow-on damages claims. Led by Christoph Haid, the expert team also includes Hanno Wollmann, Franz Urlesberger and Stefanie Stegbauer.Practice head(s):
Christoph Haid
Other key lawyers:
Hanno Wollmann; Franz Urlesberger; Stefanie Stegbauer; Valerie Ditz-Stimakovits
Testimonials
‘We have worked together with Schoenherr very well for the past 20 years. We trust their capabilities, appreciate their responsiveness and know that we can fully rely on their advice.’
‘Franz Urlesberger and Christoph Haid are the two main partners we work with. Franz has a very profound and thorough knowledge of the law and of the practical aspects. The same is true for Christoph who is also responsible for organising all other competition lawyers in the Schoenherr offices.
‘Stefanie Stegbauer is one of my favourite practitioners.’
‘Specialist team that can cover Austrian competition law matters skillfully and efficiently.’
‘Volker Weiss is an excellent practitioner with whom we have worked closely on difficult matters with excellent results.’
‘Hanno Wollmann is a (if not the) leading practitioner in competition law in Austria. He has in-depth knowledge in many industries and offers hands-on advice.’
‘Excellent knowledge of Austrian competition law coupled with the greatest coverage of jurisdictions in Eastern and Southeastern Europe.’
‘Christoph Haid is super responsive and has excellent knowledge of Austrian competition and FDI law.’
Key clients
Deutsche Post DHL Group
FUJIFILM Corporation
OMV
voestalpine Railway Systems
Google LLC
KONE
AGRANA
UNIQA
Silgan Holding
ORF
Herba Chemosan
Heineken Group / Brau Union Österreich
UniCredit Bank Austria
Raiffeisen Bank International
REWE International AG
Oberbank
Nexi
Blackstone
The Carlyle Group
ARA
Goldman Sachs
Apollo
Bain Capital
Deutsche Private Equity
Greiner Group
Mondi Group
Ali Group S.p.A.
Cerba Healthcare
Work highlights
- Advised ADEG on the sale of a cash and carry business belonging to C & C Abholgroßmärkte Gesellschaft to METRO Austria.
- Representing Brau Union in a case before Austrian Cartel Court concerning legal professional privilege and the Competition Authority.
- Advising Ali Group on its take-over of Welbilt.
Austria > Insolvency and corporate recovery Tier 1
Schoenherr (Schönherr Rechtsanwälte)‘s ‘efficient and result-orientated‘ restructuring and insolvency practice operates as a full-service group and regularly works on high-profile matters in the field; the team recently advised the Republic of Austria on its Covid-19 relief fund, provided through a state-run financing agency set up during the pandemic. Miriam Simsa was appointed head of the practice group in February 2022, and her background in M&A makes her the go-to name for assisting clients with distressed transactions. Martin Ebner‘s banking and finance expertise is a key driver behind the firm’s ability to assist regional financial institutions.Practice head(s):
Miriam Simsa
Other key lawyers:
Michael Magerl; Martin Ebner
Testimonials
‘Efficient and result-orientated.’
‘Miriam Simsa is highly efficient, has a good understanding of legal matters and is creative in finding alternative solutions. In addition she has the courage to give clear recommendations and does not just raise risks.’
Key clients
ABBAG Abbaumanagementgesellschaft des Bundes
Adevinta ASA
Commerzbank
COVID-19 Finanzierungsagentur Des Bundes GmbH (COFAG)
Erste Group Bank
HETA Asset Resolution
Landesbank Hessen-Thüringen Girozentrale (Helaba)
Oberbank
ÖBB-Holding AG
Raiffeisenlandesbank Oberösterreich AG
Seisenbacher
UniCredit Bank AG
Work highlights
- Advised a group of investors on the acquisition of Seisenbacher out of insolvency proceedings.
- Advised a consortium of banks on the €500m financing of Austrian Airlines.
- Advised B&C Holding on the financial crisis of Schur Flexibles.
Austria > Intellectual property Tier 1
Schoenherr (Schönherr Rechtsanwälte)‘s team assists clients with the full gamut of IP matters, advising clients on the management of their trade mark, patent and copyright portfolios, in addition to defending them before the Austrian and European courts. The practice is regularly instructed to draft IP licence and transfer agreements, while also working closely with the firm’s other practice groups to advise on the IP aspects of M&A transactions, data privacy and competition law. The practice’s leadership trio consists of Christian Schumacher, an experienced trade mark, copyright and unfair competition lawyer; Michael Woller, who advises on patents and trade marks; and Dominik Hofmarcher, specialises in handling non-traditional trade marks.Practice head(s):
Michael Woller; Christian Schumacher; Dominik Hofmarcher
Testimonials
‘Reliable law firm with a lot of know-how in the field of trade mark law and a good reputation in Austria.’
‘Christian Schumacher is a very conscientious lawyer with a great deal of know-how and in-depth expertise. He has an overview of the national and European trademark situation and case law and is also creative with regard to potential solutions.’
‘Dominik Hofmarcher is a very capable lawyer and trademark attorney.’
‘The Schoenherr IP team are not only very seasoned experts in trademark questions and related litigation but they are also always up-to-date with the latest relevant decisions and case law across the EU. They are extremely flexible and excellent strategic thinkers who always have the business needs of the client on their mind.’
‘Christian Schumacher: excellent, fast-thinking adviser with outstanding capabilities to develop the most precise and convincing legal arguments.’
‘Dominik Hofmarcher: master of a wide range of litigation cases across approximately 20 jurisdictions. Never loses sight of the bigger picture and is precise and clear in his arguments. A most reliable partner in a complex case.’
‘The Schönherr law firm has been an advisor to our company for many years and can score points with its enormous expertise in all areas. The cooperation with the law firm is extremely pleasant, uncomplicated and very efficient. Due to the large number of experts from different fields, various topics can be assessed from several sides. All this definitely distinguishes Schönherr from other large law firms and I can only warmly recommend the firm.’
‘Christian Schumacher is a true expert in the field of intellectual property law. The cooperation with him is smooth and of the highest quality. In addition to his expertise, his flexibility and quick grasp of the law are particularly noteworthy. I also particularly appreciate his enormous practical relevance and his economic proposals for solutions. These are definitely qualities that set him apart from other colleagues in this industry.’
Key clients
Alpine Brands
Dominic Thiem
Albertina
Arineo
Biomay
BKS Bank
Brau Union Österreich AG
Chanel
Danone
Deutsche Telecom
Erste Bank
Gallup International Association
Institute of Science and Technology
Lallemand
Louis Vuitton Malletier
Microsoft
Octapharma
OMV AG
Power Horse Energy Drinks
S.Spitz
Samsung Group
STAMAG Stadlauer Malzfabrik
Uber
UNIQA Insurance Group AG
Schlumberger
A-Nobis Sektkellerei
derStandard
voestalpine Böhler Welding Group
Work highlights
- Represented Uber in various unfair commercial practice proceedings brought by Taxi 40100 with respect to services in Vienna.
- Represented an Austrian wine cask crafter in Austrian Supreme Court proceedings based on an EUTM counterclaim before the Commercial Court of Vienna.
- Advising tennis player Dominic Thiem and his team on all merchandising and brand matters.
Austria > Projects and energy Tier 1
Schoenherr (Schönherr Rechtsanwälte) has ‘an extremely competent and broad team in all the necessary specialist areas for the evaluation and implementation of projects in the energy sector'. The group is particularly focused on environmental and climate change law, as well as planning and permitting procedures. The trio leading the team comprises Bernd Rajal, Christian Schmelz, and counsel Johannes Stalzer, who focuses on public procurement matters. In team news, Christoph Cudlik was promoted to counsel in August 2022.Practice head(s):
Bernd Rajal; Christian Schmelz; Johannes Stalzer
Other key lawyers:
Testimonials
‘The legal advice and the strategic approach are first-class. Absolutely competent, fast and always up to date. Clients receive the best possible legal and strategic advice. We have never experienced anything comparable.’
‘Christian Schmelz, Christoph Cudlik and the team are skilful. Good cooperation with the authorities has contributed to accelerating the proceedings. The quick and reliable work, as well as the excellent legal and strategic knowledge, is priceless. Clients receive advice that is easy to understand and sophisticated down to the last detail.’
‘Christian Schmelz is an outstanding senior partner. For me he is the best Austrian lawyer in the field of projects and energy.’
‘Christian Schmelz’s work is characterised by meticulousness, speed and perfection.’
‘Benjamin Schlatter is an excellent expert. He delivers sound analyses of complicated problems, brings in new ideas and helps to develop good solutions.’
‘Christian Schmelz, Christoph Cudlik and Benjamin Schlatter are always available to solve even the most intractable problems. The preparation and elaboration of the topics for our projects was perfect. This has also enabled us to obtain legally binding approval for all our projects so far.’
‘The firm has an extremely competent and broad team in all the necessary specialist areas for the evaluation and implementation of projects in the energy sector.’
Key clients
Autobahnen- u Schnellstraßen-Finanzierungs-AG (ASFINAG)
Vienna International Airport (VIE)
Internationale Rheinregulierung
Space Exploration Technologies Corporation (SpaceX)
Laakirchen Papier AG
EBG MedAustron
TIWAG Tiroler Wasserkraft
Zellstoff Pöls AG
European Commission – DG Energy
Alpiq
EXAA Energy Exchange
EBRD (European Bank for Reconstruction and Development)
OMV Petrom
Austrian Chamber of Commerce (Wirtschaftskammer Österreich)
Red Bull
TINETZ-Tiroler Netze GmbH
OMV AG (E&P)
Österreichische Post AG
EVN AG
Federal Minister of Energy of Austria
Netz Niederösterreich
Gas Connect
Trans Austria
Energie Steiermark
ImWind
Verbund Green Power
Püspök
Allianz Capital Partners
Windlandkraft
Energiepark Bruck/Leitha
Windkraft Simonsfeld
WEB Windenegie AG
Contour Global
Ökoenergie
Energiewerkstatt
Ventureal
Work highlights
- Advised SpaceX on the rollout of its Starlink satellite internet constellation services to Austria and the broader CEE region.
- Advised the European Commission on the development of European hydrogen infrastructure, advising on regulations in 12 jurisdictions with regard to existing hydrogen-permitting regimes.
- Advised Vienna International Airport and the state of Lower Austria on environmental impact assessment approval proceedings for a third runway at the airport.
Austria > Real estate Tier 1
Michael Lagler, who specialises in corporate real estate and M&A-driven property and portfolio transactions, co-heads Schoenherr (Schönherr Rechtsanwälte)‘s team alongside Peter Madl, who is heavily involved in the development aspect of real estate, as well as assisting with the transactional side. The duo are supported by counsel Clemens Rainer, who is singled out as a ‘super-smart and tireless advocate‘ by one client. More broadly, the group adopts a multidisciplinary approach and operates in tandem with the firm’s corporate, banking and finance, regulatory, and tax teams. Arabella Eichinger moved to Barnert Egermann Illigasch Rechtsanwälte GmbH in June 2023.Practice head(s):
Michael Lagler; Peter Madl
Other key lawyers:
Testimonials
‘Support from a highly motivated, friendly and diversified team with a very high level of knowledge regarding various issues.’
‘Clemens Rainer was available at all times and highly motivated to bring the project to a successful conclusion. As a result, complex legal issues and necessary documents were made available in the shortest possible time with high quality.’
‘Michael Lagler is an outstanding lawyer. One of the leaders in the real estate industry. He is always focused and polite, and he has outstanding negotiation skills. We were very much impressed by the efficiency and availability of Michael and his team. We got a very complex transaction done within a short timeline.’
‘Given its sheer size, the law firm has enormous knowledge of all fields of commercial law. For me, their cross-border advice is the best in the market and their advice on very complex projects in the CEE is fast and on point.’
‘They are exceptional at understanding their clients’ needs and wishes. They will push to achieve client satisfaction.’
‘Clemens Rainer is a super-smart and tireless advocate who has a very good understanding of complex matters. His advice always considers all circumstances and even more so the potential long-term consequences of actions that may be taken.’
‘Peter Madl is extremely competent, has great experience and is always available.’
Key clients
Allgemeine Sparkasse Oberösterreich
Alpin Family Group
ARE Austrian Real Estate GmbH
Art-Invest Real Estate Funds GmbH
Bank Austria Real Invest
Bauconsult Group GmbH
Beyond Energy GmbH
BIG Bundesimmobiliengesellschaft – (BIG federal real estate company)
Birko Group
BVK
Catella
Carlyle Europe Real Estate
Choice Hotels
Commerz Real
CNH Industrial Österreich GmbH
DTH Arlberg Group
Eastern Property Holdings
Swiss Life
Slate Asset Management
Vermehrt Group
Work highlights
- Advised Slate Asset Management on its market entry into Austria and Slovakia with the acquisition of a portfolio of nine DIY markets via a share deal.
- Advised Vermehrt Group on its sale of the former TLAPA department store to LLB Semper Real Estate, as well as on a long-term lease agreement with the serviced apartments operator limehome for the building, which is currently under reconstruction.
- Advised Swiss Life on its acquisition of further assets in Vienna, including the Allianz Tech Center located in Vienna’s 14th district, and three residential projects.
Austria > Data privacy and data protection Tier 2
Schoenherr (Schönherr Rechtsanwälte)'s deep bench of practitioners offer clients advice on GDPR related topics, but also offer interdisciplinary support. Hailed as 'exceptional in matters of European and national data protection law' the team has a strong track record in this domain, having operated in this space for many years. Günther Leissler, the head of the privacy and data protection team, has worked in this area for over 20 years. Elsewhere, counsel Veronika Wolfbauer's expertise lies in new technology matters and issues related to online services.Practice head(s):
Günther Leissler
Other key lawyers:
Testimonials
‘It’s a large law firm, with all the advantages and disadvantages of large firms.’
‘Günther Leissler is extremely competent, calm, sympathetic, meticulous, strategic, and diligent.’
‘They have a great data protection team which offers strategic and sensible advice.’
‘Günther Leissler is a very experienced, responsive and knowledgeable practitioner.’
‘Exceptional in matters of European and national data protection law.’
‘The lawyers solve unusual data protection matters.’
Key clients
Meta
Österreichische Post AG
Vienna Insurance Group (VIG)
Austrian Insurance Association
Raiffeisenlandesbank Oberösterreich
HDI Insurance Company
Verkehrsverbund Ost Region
ORF (Austrian Broadcasting Association)
Voest Alpine Group
Novomatic Group of Companies
Admiral Sportwetten
Roche Diabetes Care Austria Gmbh
COVID-19 — Finanzierungsagentur des Bundes GmbH
Work highlights
- Representing Meta, Inc. in highly publicised data protection proceedings against claims filed by data protection activist Maximilian Schrems (currently pending before the CJEU).
- Represented Österreichische Post AG in criminal administrative proceedings under GDPR, resulting in the reversal of the highest ever imposed fine under administrative criminal law.
- Advised Novomatic regarding a request aimed at the disclosure of Novomatic employee data by the parliamentarian fact-finding committee established in connection with the “Ibiza Affair”.
Austria > Dispute resolution: arbitration and mediation Tier 2
Schoenherr (Schönherr Rechtsanwälte)‘s arbitration team fields a group of multi-lingual international arbitration experts, skilled in handling investment and commercial arbitrations and arbitration-related court proceedings under bilateral and multilateral investment treaties, with a particularly high track record of success in investor-state disputes. The team has a wide client portfolio, which includes leading names from the pharmaceutical, telecoms, media, construction, energy, and banking sectors. Dispute resolution team head Christoph Lindinger is regularly appointed as arbitrator in highly sensitive matters. Other key contacts include international arbitration expert Leon Kopecký and dual-qualified counsel Victoria Pernt.Practice head(s):
Christoph Lindinger
Other key lawyers:
Leon Kopecký; Victoria Pernt; Marina Stanisavljevic; Sebastian Lukic
Testimonials
‘Christoph Lindinger is a supereb strategist.’
‘Leon Kopecký is an attorney you can go to if you need prompt, pragmatic and high-profile advice in arbitration and related litigation matters.’
‘Leon Kopecký is extremely dedicated and focused, very goal oriented. Extremely accurate and always fights for the client.’
‘Leon Kopecký is an outstanding advocate and a fearsome cross-examiner. I never saw anyone deal with a witness so efficiently, yet so elegantly and politely.’
‘The Schoenherr arbitration team fight tirelessly for their client, and have a strong determination to win – and they do. They are extremely well prepared, to the point of knowing the case much better than their client. They are careful strategists, analysing the case theory and every procedural aspect carefully, before deciding on the next steps. Every time I see them work, or attend a hearing with them, I am completely impressed.’
‘Victoria Pernt successfully co-managed the team from the start of the arbitration to the hearing. She is a gifted advocate, a strong leader, and a brilliant counsel.’
‘Sebastian Lukic has assisted us in a very diligent manner in various proceedings and therefore proven to be an excellent lawyer. Sebastian is able to deliver fast-paced and dynamic solutions.’
Key clients
JCDecaux SA
Raiffeisen Bank International AG
KELAG-Kärntner Elektrizitäts-Aktiengesellschaft
DARDAFON.net („Z-Mobile“)
APG/SGA, Société Générale d’Af-fichage, ALMA QUATTRO DOO BEOGRAD
Funke Group (Funke Medien NRW GmbH, NKZ Austria-Beteiligungs GmbH, Austria Medien GmbH)
AOP Orphan Pharmaceuticals AG Austria
Work highlights
- Representing Funke Group in a set of complex commercial arbitrations in Switzerland concerning a syndicate agreement signed in 1987.
- Representing JCDecaux in arbitration proceedings under the Bilateral Investment Treaties between France, Austria, and the Czech Republic.
- Representing APG|SGA and its Serbian subsidiary in an ICSID arbitration against the Republic of Serbia under the Switzerland-Serbia BIT.
Austria > TMT Tier 2
Schoenherr (Schönherr Rechtsanwälte)‘s IP and technology team is experienced in handling a wide breadth of TMT matters, with particular areas of strength being technology start-ups, data protection advice, and domain disputes. The practice is also involved in innovative areas of law and technology, supporting clients with the development of NFT projects, while also offering advice on the protection of trade secrets, including handling litigation when necessary. Thomas Kulnigg and Michael Woller jointly head up the practice; the former specialises in technology transactions involving start-ups and also assists with digitalisation projects, while the latter is responsible for IP matters including patent and unfair competition litigation. Veronika Wolfbauer is well versed in technology regulatory and data protection law.Practice head(s):
Thomas Kulnigg; Michael Woller
Other key lawyers:
Key clients
Bitpanda
Uber
Deutsche Telekom
Institute of Science and Technology
Microsoft
Samsung Electronics
Schrack Seconet
FIRST WAP International DMCC
Sony Interactive Entertainment
yuutel GmbH
Credi2
Arineo
Grand Production/United Group
GROPYUS AG
CTS Eventim
Left Lane Capital LLC
UNIQA Insurance Group AG
BKS Bank
Dominic Thiem
Wolters Kluwer Romania
Work highlights
- Advised Schüttflix on the expansion of its business in Austria, the Czech Republic, and Poland.
- Advised Austrian AR technology start-up ViewAR on the restructuring of its SaaS agreements, including framework software vendor agreements.
- Advised Pon Bicycle Holding on the market entry of its digital bicycle leasing platform to Austria.
Austria > Construction Tier 3
Schoenherr (Schönherr Rechtsanwälte) are extremely active in the renewables sector, and the energy sector more generally. Recently, this has involved providing advice in connection with the acquisition and development of wind parks. Constantin Benes, who heads up the team alongside Peter Madl and Christian Schmelz, also has a particular focus on matters relating to the industrial sector, as well as the development of housing and office projects. Generally, the group has a strong regulatory practice and leverages its close ties to the firm’s real estate and regulatory experts.Practice head(s):
Peter Madl; Christian Schmelz; Constantin Benes
Other key lawyers:
Philipp Staudigl; Franziska Oczlon
Testimonials
‘The team led by Constantin Benes stands out for its in-depth knowledge, and fast response rate. It is always very supportive.’
‘Constantin Benes and Philipp Staudigl have in-depth knowledge and provide fast responses to legal requests, especially related to construction & real estate law.’
‘Constantin Benes has a vast knowledge in the field of tenancy law and a practice-oriented approach. Constantin and his team are always very supportive and provide very good and practical solutions.’
‘Very uncomplicated to work with Schoenherr. Constantin Benes is very quick and clear in her thoughts and language, and is always reachable by phone.’
‘The law firm has a very broad range of expertise and always has a suitably trained contact person for all areas that we need.’
‘The entire team acts in a customer-oriented way without disregarding the legal aspect. Risks and opportunities are highlighted. Out of the box solutions are found. Always available when it is urgent. Friendly and patient.’
Key clients
Autobahnen- u Schnellstraßen-Finanzierungs-AG (ASFINAG)
Bank Austria Real Invest Immobilien-Kapitalanlage GmbH
Bauconsult Group
Bitpanda GmbH
Deutsche Vermögensberatung Aktiengesellschaft DVAG / Pannonia Grundstücksverwaltungsgesellschaft mbH
DWS Grundbesitz GmbH
GBI AG
Hallmann Group
Invester United Benefits
Laakirchen Papier
Marubeni Corp.
OFID (OPEC Fund for International Development)
Pannonia Grundstücksverwaltungs GmbH
RIGI REAL ESTATE
Scherübel’s Söhne GmbH
TIWAG Tiroler Wasserkraft AG
Unger Unternehmensgruppe
Wiener Linien
WINEGG Group
ZECH Bau
Work highlights
- Advising Unger Unternehmensgruppe on the acquisition (in form of a joint venture with Avoris group) of a 120,000m2 area to build a new part of a town near Linz / Upper Austria.
- Advising ZECH Bau SE on their general contract structure, their standard construction agreements, and agreements with subcontractors, as well as with regard to the construction of an apartment complex with approx. 200, apartments and an underground parking park in the outskirts of Vienna.
- Advising TIWAG on the construction and operation of two large hydro pump power storage plants and three large-scale river power plants in Tyrol.
Austria > Dispute resolution: white-collar crime (including fraud) Tier 3
Schoenherr (Schönherr Rechtsanwälte)‘s white-collar crime practice handles highly sensitive matters, and regularly represents notable clients from the telecoms and finance sectors. Compliance and internal investigations expert Christoph Haid co-heads the practice with counsel Klara Kiehl, who has particular expertise in assisting companies with the prevention and detection of intra-company criminal behaviour, and defending them in investigations and criminal proceedings.Practice head(s):
Klara Kiehl; Christoph Haid
Testimonials
‘The team is highly competent and very responsive.’
‘Klara Kiehl is an extraordinary lawyer with very high level of legal competence in white-collar crime but also in other legal areas. She is able to quickly grasp complex situations and identify targeted solutions and also to explain this in a simple and understandable way.’
‘The team is young and motivated. They expertly describe the various options for the client with a clear recommendation for further action.’
‘The team is a perfect service provider and very professional.’
‘Klara Kiehl is a lawyer dedicated to her work and her clients. She is a good listener and very well organised.’
Work highlights
- Representing a number of Austrian industrial and utility companies in civil and criminal claims arising out of the construction cartel case.
Austria > Employment Tier 3
Schoenherr (Schönherr Rechtsanwälte)‘s employment team is headed up by widely recognised practitioner Stefan Kühteubl, and covers a wide range of advisory and contentious work, including restructurings, contracts, cross-border posting of employees, and employment matters relating to M&A transactions. The group's strong presence across the CEE region can be leveraged when handling complex cross-border matters, and attracts both domestic and multi-national clients. Counsel Teresa Waidmann is also a key contact.Practice head(s):
Stefan Kühteubl
Other key lawyers:
Karin Pusch; Teresa Waidmann
Testimonials
‘Very strong performance in Austria and on cross-national matters. Able to deliver hands-on and fast employment advice to start-ups.’
‘The quick but accurate advice on employment law from Teresa Waidmann was a very good fit for a super fast expanding start-up.’
‘The team always thinks on behalf of the client, understands the legal questions, dives in in granular detail and provides clear guidance.’
‘What makes the team stand out is actively thinking together with and on behalf of the client, defining the best solution. Team is open for innovative and compliant solutions. Great professionalism.’
‘Stefan Kühteubl is the best labour law lawyer I have worked with in the last 10 years. His legal know-how and his experience rank him above other competitors on the market. I appreciate his availability when something urgent comes up and his result-oriented statements. He not only shows what options I have as a client but also gives clear advice.’
‘Stefan Kühteubl is very competent and solution oriented.’
‘Karin Pusch is a very strong litigator. She handles cases with outstanding diligence and does excellent preparation work for court hearings.’
Key clients
Action Service & Distributie
AKH (Allgemeines Krankenhaus Wien)
Arbeiter-Samariterbund (ASBÖ)
Bilfinger Maschinenbau GmbH & Co KG
BUWOG AG
Funke Mediengruppe
Greiner
Hypo Immobilien & Leasing
Leoni AG
Magna
ManpowerGroup
ORF
ORS Service AG
Sanus X GmbH
Schoellerbank AG
Thales Group
Tier Mobility SE
TU Wien
UniCredit Bank Austria AG
UBS Europe
Work highlights
- Advised Leoni on the setup of its new management contract scheme in Bulgaria, the Czech Republic, Romania, Serbia and Slovakia, amongst others.
- Advising INNIO Jenbacher on the conclusion of an EWC agreement with the special negotiating body covering all the client’s group of companies.
- Advising Sanus X, a corporate start-up established in 2020, on various employment law matters.
Austria > Public procurement Tier 3
Schoenherr (Schönherr Rechtsanwälte)‘s full service team ‘has deep knowledge of applicable EU rules and regulations and is well equipped to advise on cross-border transactions'; a standout practitioner in this regard is Johannes Stalzer, who heads up the team together with Bernd Rajal and Christian Schmelz. The offering sits within the firm’s wider regulatory group, and on the regulatory side the work includes assisting with the design of a regulatory framework for promoting renewable projects in Austria and Europe. The group is also well versed in environmental and climate change law, as well as planning and permitting procedures.Practice head(s):
Johannes Stalzer; Bernd Rajal; Christian Schmelz
Testimonials
‘Excellent legal know-how; very good collaboration; very flexible, great availability and responsiveness. Quick at getting back and at reacting.’
‘Legal understanding, quality of know-how, and great collaboration. They listen to the client carefully, and are able to put the case in perspective.’
‘This practice area is a particular strength for this firm. They have a wide expertise and experience of working on public procurement deals across Europe. The team has deep knowledge of applicable EU rules and regulations and is well equipped to advise on cross-border transactions.’
‘The individuals that we worked with are great professionals. Their feedback on various legal documents has helped us advance the project to fruition.’
‘Bernd Rajal and Johannes Stalzer were the go-to people for all legal questions on this transaction. They are very easy to work with, always on time with their work and provide valuable feedback, as well as a deeper understanding of individual projects and the client’s needs.’
‘Johannes Stalzer produces fast and accurate work, and is extremely professional.’
‘Johannes Stalzer offers expertise, reliability, accuracy, and solution-orientation.’
Key clients
Vienna Technical Museum
ECOPLUS ALPIN
Abbott Medical Group
Wien IT GmbH
Neue Heimat Tirol
European Bank for Reconstruction and Development (EBRD)
Thales Austria GmbH
Work highlights
- Advised the Vienna Technical Museum on designing, structuring, drafting, and conducting an EU-wide tender for the re-design and construction of new exhibition areas.
- Advising EBRD on designing, structuring, drafting, and conducting an EU-wide tender for the development, design, construction and operaton of a 50MW solar plant in Georgia.
- Advising ecoplus Alpin on the tendering of a framework agreement for the realisation and provision of an online sales and marketing platform.
Austria > Tax Tier 4
Schoenherr (Schönherr Rechtsanwälte)‘s tax work runs the gamut, from providing transactional tax advice to representing clients in front of tax authorities, with whom the group share strong ties. The team, which ‘is always actively working towards practical solutions‘ is headed by tax adviser Roman Perner and Marco Thorbauer, who was promoted to counsel in 2022. Another key team member is associate Tobias Hayden, whose fields of activity include tax planning, international tax law, and M&A transactions.Practice head(s):
Roman Perner; Marco Thorbauer
Other key lawyers:
Tobias Hayden; Philipp Statzinger; Clemens Grassinger
Testimonials
‘Marco Thorbauer and Clemens Grassinger always deliver good results and alternatives you would not think of.’
‘The team is always actively working towards practical solutions.’
‘Marco Thorbauer presents solutions in a very client-friendly way. He is always available and has the ability to filter all relevant facts and immediately process them into solutions.’
‘The dynamic team stands out for its highly professional advice.’
‘Marco Thorbauer not only provides constant advice at a highly professional level, but provides it in a practical and solution-oriented manner.’
Key clients
Energie Graz
Energie Steiermark
Erste Group Bank
EVN
Global Payments Inc.
illwerke vkw
Innsbrucker Kommunalbetriebe
KELAG
Left Lane Capital
Mouro Capital
P&I Personal & Informatik
Playbrush
Raiffeisen Bank International (RBI)
SiteLog GmbH
Slate Asset Management
Xerox Inc.
ZECH Bau Austria GmbH
Work highlights
- Advised Slate Asset Management on the acquisition of a portfolio of essential real estate assets in Austria and Slovakia.
- Advised Mouro Capital on tax issues relating to a €16m Series B round of funding for byrd technologies to outsource and control all logistics.
- Advised Energie Graz, Energie Steiermark, EVN, illwerke vkw, Innsbrucker Kommunalbetriebe, Kelag and Linz on the foundation of a joint venture in the e-mobility sector.
Schoenherr (Schönherr Rechtsanwälte) > Firm Profile
The firm: Schoenherr is a leading full-service law firm in Central Europe. Operating in a rapidly evolving environment, we are a dynamic and innovative firm with an effective blend of experienced lawyers and young talent. As one of the first international law firms to move into CEE/SEE, we have grown to be one of the largest firms in the region. With 15 offices and several country desks, our comprehensive coverage of the region means we can offer solutions that perfectly fit the given industry, jurisdiction and company.
Schoenherr has offices, country desks and permanent cooperation partner, and is in compliance with the respective local legal standards and conduct rules in all countries where it is active; therefore, the local firm name may vary from jurisdiction to jurisdiction.
Areas of practice
Banking and finance: The firm advises on general banking, including investment fund matters, and project, asset and structured finance including cross-border (equipment and facility) leases.
Capital markets: The firm has an IPO Practice and advises on crossborder equity and debt offerings, advising issuers, underwriters and transaction counsel.
Business to consumer protection: Schoenherr’s business to consumer protection group helps clients to ensure compliance with applicable consumer protection laws and regulations, litigates on their behalf, and provides instant assistance in urgent situations.
Compliance and criminal defence: Criminal compliance risks are present in all areas of business. In response to this, Schoenherr has established a dedicated compliance and criminal defence team. The team has substantive legal and practical expertise in this area and is well equipped to handle all aspects of criminal compliance and criminal defence matters.
Corporate investigations and crisis management: As response times to emergency situations rapidly shorten in a connected world, Schoenherr has established a dedicated multi-faceted team of legal experts. It investigates the facts, advises on immediate next steps and assists with their implementation.
Corporate/M&A:The core practice of the corporate/M&A team is advising and representing clients on transactions and complex corporate and commercial matters. The team has an outstanding track record on key transactions in Austria and throughout CEE/SEE.
Dispute resolution: Schoenherr stands for excellence in litigation, arbitration,
and investorstate disputes. The team has scored some of the most publicised wins at ICSID and in the national courts. Clients value the first-rate legal skills and hands-on approach.
EU and competition: The EU and competition practice group advises clients
in merger control, anti-trust and state aid matters at European and national levels throughout the firm’s comprehensive network in the CEE region, and its office in Brussels.
Healthcare and life sciences: Schoenherr’s healthcare and life sciences group combines lawyers with particular industry expertise with specialists from various teams across the firm’s practice groups and offices. The group advises all stakeholders active in this industry.
Insolvency and restructuring: Schoenherr’s insolvency and restructuring team handles complex, multi-creditor financial restructurings and distressed refinancings of corporates and financial institutions. Further the team advises in insolvency proceedings and insolvency related litigation.
Insurance: Schoenherr’s insurance practice group advises many of Austria’s and Europe’s leading insurers on transactions in the insurance sector, as well as on distribution structures, product design, and all related regulatory and tax matters for life, non-life, and reinsurance business.
IP and unfair commercial practices: The Schoenherr IP practice group has long-standing experience in inter alia trademark, design, patent, copyright and unfair competition matters. Its members frequently represent parties in groundbreaking court cases in national and European courts.
Labour and employment: The labour and employment team advises on all
aspects of employment law, for both contentious and non-contentious matters. It focuses on inter alia issues arising from mergers and acquisitions, workforce restructuring and cross border transfer of employees.
Real estate and construction: The real estate and construction practice group enjoys high visibility in the region’s largest and most important transactions and development projects. The team advises on all aspects of acquisition of real estate, development/construction, restructurings, and real estate and construction- related litigation and arbitration.
Regulatory: By providing a wide-ranging and consistently reliable service, the regulatory practice group has successfully advised leading players across a wide spectrum of sectors, and in all matters of constitutional and administrative law.
Start-up and venture capital services: The Schoenherr team covers the full range of commercial legal services, and is well equipped to handle all aspects that become relevant during the life cycle of a start-up. We advise investors and founders in Austria and CEE.
Tax: Schoenherr’s tax practice advises domestic and international clients on their most sophisticated and challenging tax matters. It supports clients not only in detecting tax risks but in providing simple, clear and practical tax solutions.
Technology and digitalisation: The technology and digitalisation team provides 360° legal advice in the ever evolving world of new technology and digitalisation. Our experts from across our legal sectors ensure a comprehensive understanding of our clients’ needs.
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Banking and finance | |||
| Capital markets | |||
| Business to consumer protection | |||
| Compliance and criminal defence | |||
| Corporate investigations and crisis management | |||
| Corporate/M&A | |||
| Dispute resolution | |||
| EU and competition | |||
| Healthcare and life sciences | |||
| Insolvency and restructuring | |||
| Insurance | |||
| IP and unfair commercial practices | |||
| Labour and employment | |||
| Real estate and construction | |||
| Regulatory | |||
| Start-up and venture capital services | |||
| Tax | |||
| Technology and digitalisation |
Lawyer Profiles
Staff Figures
Number of lawyers : 300+Languages
Arabic Bulgarian Croatian Czech English French German Hungarian Italian Macedonian Norwegian Polish Portuguese Romanian Russian Serbian Slovakian Slovenian Spanish Turkish Ukrainian Afrikaans BosnianOther
Other offices : Belgrade Other offices : Bratislava Other offices : Brussels Other offices : Bucharest Other offices : Budapest Other offices : Chisinau Other offices : Istanbul Other offices : Linz Other offices : Ljubljana Other offices : Podgorica Other offices : Prague Other offices : Sofia Other offices : Warsaw Other offices : Zagreb Other offices : desks in Albania Other offices : Bosnia-Herzegovina Other offices : North Macedonia Other offices : UkraineGreen Guide
Schoenherr (Schönherr Rechtsanwälte) is a recommended firm in the Green Guide EMEA 2022. Learn more about this recognition.
Press Releases
Schoenherr advises founders of Novelic on sale of 54 % stake to Sona Comstar
18th September 2023 Moravčević Vojnović and partners in cooperation with Schoenherr advised the founders of the Serbia-based company Novelic – Messrs.Schoenherr advises Thoma Bravo portfolio company J.D. Power on acquisition of Autovista Group
18th September 2023 Schoenherr advised, alongside lead counsel Kirkland & Ellis, London, Thoma Bravo's portfolio company J.D. Power, a global leader in data analytics, on the acquisition of the leading pan-European and Australian automotive data, analytics and industry insights provider Autovista Group.Austria: Schoenherr advises Process Sensing Technologies on acquisition of Sensore Electronic GmbH
13th September 2023 Schoenherr advised Process Sensing Technologies ("PST") (UK), a leading provider of measurement and monitoring solutions for process-critical applications, on the acquisition of Sensore Electronic GmbH ("Sensore").Austria: Schoenherr advises Usersnap on exit to saas.group
11th September 2023 Schoenherr advised the shareholders of Austrian software company Usersnap on their acquisition by saas.group, a company active in the business of acquiring promising software as a service (SaaS) companies.Schoenherr advises NEVEON on sale of Greiner Perfoam to Trèves
10th August 2023 Schoenherr advised NEVEON Holding GmbH ("NEVEON"), a member of the Greiner Group, on the sale of the automotive division, consisting of Greiner Perfoam GmbH and its subsidiaries ("Perfoam Group"), to Trèves S.A.S. ("Trèves").Schoenherr advises Enery on signing long-term virtual power purchase agreement for renewable energy with Ursus Breweries
9th August 2023 Schoenherr advised Enery on signing a multi-year virtual power purchase agreement (VPPA) with Ursus Breweries, part of Asahi Europe & International, to provide green energy and guarantees of origin for the production at their brewing facilities in Romania.Schoenherr advises ROMCIM on merger clearance and FDI regarding its acquisition of Bauelemente
8th August 2023 Schoenherr Romania advised ROMCIM, a CRH Company ("ROMCIM") on merger clearance and FDI filing regarding its acquisition of Bauelemente Reinvest and its branch, Bauelemente.Schoenherr advises Emirates Telecommunications Group Company on acquisition of a controlling stake in PPF Telecom Group’s assets in Bulgaria, Hungary, Serbia and Slovakia
3rd August 2023 Schoenherr advised Emirates Telecommunications Group Company ("e&") alongside Sullivan & Cromwell London on the acquisition of a controlling stake in PPF Telecom Group's assets in Bulgaria, Hungary, Serbia and Slovakia.Serbia: Schoenherr advises OTP Group on project finance facilities for development of six biogas power plants in Serbia
20th July 2023 Moravčević Vojnović and partners in cooperation with Schoenherr advised OTP Group members, OTP Bank Plc Hungary and OTP Bank Serbia, in a biogas project finance transaction.Romania: Schoenherr advises AkzoNobel on sale of its insulation materials production to HIRSCH Porozell
12th July 2023 Schoenherr Romania advised AkzoNobel on the sale of its extruded polystyrene (XPS) insulation material production activities in Romania to HIRSCH Porozell.Austria: Schoenherr advises VERBUND AG on acquisition of Solarpower Holding GmbH and its subsidiaries
10th July 2023 Schoenherr advised VERBUND AG, via its subsidiaries VERBUND Energy4Business GmbH and VERBUND Thermal Power GmbH,Austria: Schoenherr advises SanusX GmbH on acquisition of participation in Biome Diagnostics GmbH
6th July 2023 Schoenherr advised SanusX GmbH, a UNIQA Group company, on the acquisition of a participation in Biome Diagnostics GmbH in a capital increase transaction.Austria: Schoenherr advises Joint Lead Managers on issuance of a EUR 500m mortgage covered bond by Raiffeisen-Landesbank Steiermark
28th June 2023 Schoenherr advised the Joint Lead Managers Erste Group Bank AG, Landesbank Baden-Württemberg,Austria: Schoenherr advises Audiotonix Group on acquisition of sonible GmbH
26th June 2023 Schoenherr advised the Audiotonix Group, a global market leader in the design, engineering and manufacture of professional audio mixing consoles, on the acquisition of sonible GmbH,Romania: Schoenherr advises Catalyst on major investment in ESX
22nd June 2023 Schoenherr Romania advised Catalyst Romania Fund II, a key venture capital fund in Southeast Europe, on a EUR 2m transaction involving a sports subscription start-up by ESX,Austria: Schoenherr advises Rhône Capital on public cash offer in RHI Magnesita N.V.
20th June 2023 Schoenherr advised Rhône Capital ("Rhône") on a public cash offer for up to 29.9 % of the share capital in RHI Magnesita N.V. ("RHI Magnesita").Romania: Schoenherr advises euShipments.com on acquisition of Helpship
14th June 2023 Schoenherr Romania advised BlackPeak-backed euShipments.com, one of the fastest-growing ecommerce logistics platforms in the region, on the acquisition of a majority stake in Romanian e-fulfilment provider Helpship.Schoenherr advises cargo-partner on sale of shares in multiple subsidiaries to Nippon Express Holdings
25th May 2023 Schoenherr advised Cargo-Partner Group Holding AG and its subsidiaries Multi Transport und Logistik Holding AG, Safer Overseas Transport Holding GmbH, Cargo-Partner GND GmbH, and CARGO-PARTNER US HOLDINGS INC. ("cargo-partner") on the sale of substantially the entire cargo-partner Group to Nippon Express Holdings Inc., a global logistics company based in Japan.Schoenherr advises Joint Bookrunners on the successful issue of EUR 250m convertible bonds by voestalpine AG
9th May 2023 Schoenherr advised BNP PARIBAS and Citigroup Global Markets Europe AG (Joint Global Coordinators and Joint Bookrunners) as well as UniCredit Bank AG (Joint Bookrunner) as to Austrian law in connection with the successful, oversubscribed issue of convertible bonds by voestalpine AG.Austria: Schoenherr advises sell-side in RHI Magnesita’s acquisition of Seven refractories
5th May 2023Schoenherr advised Seven Refractories GmbH on the sale of its European, Indian and US operations to RHI Magnesita for a cash consideration of approximately EUR 93m. Closing is expected in the second half of 2023 and is subject to the fulfilment of customary regulatory approvals.
Schoenherr advises Carrier on EUR 12bln acquisition of Viessmann Climate Solutions
4th May 2023 Schoenherr advised the Carrier Global Corporation (Carrier), a provider of intelligent climate and energy solutions, on its acquisition of Viessmann Climate Solutions, alongside Linklaters. The cash and stock transaction is valued at EUR 12bln and is the largest transaction in the German M&A market to date this year.Austria/Romania: Schoenherr advises HS Timber Group on sale of HS Timber Productions Sebeș SRL to Ziegler Group
28th April 2023 Schoenherr advised HS Timber Group on its sale of HS Timber Productions Sebeș SRL as part of a share sale. With more than 600 employees HS Timber Productions Sebeș SRL operates a sawmill and other industrial wood processing activities at the Sebeș site.Schoenherr advises Joint Lead Managers on issuance of EUR 1bln Hypothekenpfandbriefe (Mortgage Pfandbriefe)
27th April 2023 Schoenherr advised Joint Lead Managers Erste Group Bank AG, Intesa Sanpaolo S.p.A., Landesbank Baden-Württemberg, Landesbank Hessen-Thüringen Girozentrale, NATIXIS and TD Global Finance unlimited company on the successful issuance of EUR 1bln 3.125 % Hypothekenpfandbriefe (Mortgage Pfandbriefe) – due 14 October 2027 – by Erste Group Bank AG.Schoenherr advises OMV on establishment of a geothermal energy joint venture with Wien Energie
20th March 2023 Schoenherr advised OMV on the establishment of a geothermal energy joint venture with Wien Energie, the largest regional energy provider in Austria.Romania: Schoenherr advises Eurobank on sale of Brico Depot Iasi to Radacini Group
16th February 2023 Schoenherr Romania advised Eurobank S.A. Greece ("Eurobank") on the sale of a real estate asset in Iasi, Romania. The commercial space, which has a sales area of approx. 8,000 m2 and houses a Brico Depot do-it-yourself ("DIY") store, was sold to the real estate division of Radacini Group.Austria: Schoenherr advises allmyhomes GmbH on joint venture to enter Austrian market
16th February 2023 Schoenherr advised allmyhomes on the establishment of a joint venture with allmyhomes Venture Partner AT GmbH, a consortium of Austrian real estate experts. The newly founded AMH AT GmbH marks allmyhome's entry to the Austrian market, where it has already secured projects with a total volume of EUR 161m.Schoenherr with strong promotion round across offices and practice areas
7th February 2023 Schoenherr is further strengthening its leadership ranks by appointing new partners and counsels across CEE, effective 1 February 2023. The promotion round builds up the partner ranks (four new partners, five new local partners) and strengthens the counsel level with two promotions. The new partners and counsels are experienced experts from various practice areas and Schoenherr offices.Schoenherr advises proptech scale-up GROPYUS on major Austrian scale-up financing round
7th February 2023 Schoenherr advised the Vienna-headquartered property technology scale-up GROPYUS on its ongoing Series B financing round led by Vonovia, Europe's largest residential real estate company. The volume of this financing round is at around EUR 100m, bringing GROPYUS' total funding to date to more than EUR 200m.Schoenherr advises CA Immo on sale of Romanian platform
25th November 2022 Schoenherr advised Vienna-based property company CA Immobilien Anlagen Aktiengesellschaft ("CA Immo") on the sale of its Romanian portfolio to Romanian investment entity Paval Holding.Schoenherr advises Greiner Packaging on acquisition of ALWAG
14th September 2022 Schoenherr in cooperation with Moravčević Vojnović and partners advised Greiner Packaging International GmbH (Greiner) on all legal aspects of its 100 % acquisition of Serbian PET flake producer ALWAG DOO NOVA GAJDOBRA from ALING-CONEL d.o.o. Gajdobra (Serbia) and REIWAG Facility Services GmbH (Austria).Austria/CEE: Schoenherr advises on the sale of significant parts of Kontron Group’s IT services business in eleven countries for EUR 400m
15th August 2022 Schoenherr advised stock exchange listed technology group Kontron AG (formerly S&T AG) on the sale of significant parts of Kontron Group’s IT services business to VINCI Energies S.A. in the course of a competitive auction process for a purchase price of approx. EUR 400m.Schoenherr advises NEXI on signing agreement with Intesa Sanpaolo regarding merchant acquiring business in Croatia
6th July 2022 Schoenherr advised NEXI S.p.A. ("NEXI") on reaching an agreement with Privredna banka Zagreb d.d. ("PBZ Bank") and PBZ Card d.o.o. ("PBZ Card"), a Croatian company indirectly controlled by Intesa Sanpaolo S.p.A., to purchase PBZ Card’s merchant acquiring business in the Croatian market, for consideration of EUR 180m.Austria: Schoenherr advises Caverion on acquisition of PORREAL Group
4th July 2022 Schoenherr advised Caverion Österreich GmbH on acquiring all shares in PORREAL GmbH in Austria, also including its subsidiary ALEA GmbH (together "PORREAL Group").Schoenherr advises technology service provider ARZ in Austria on acquisition by Accenture
9th June 2022 Schoenherr advised ARZ Allgemeines Rechenzentrum GmbH (ARZ), a technology service provider focused on the banking sector in Austria, on its acquisition by Accenture.Austria: Schoenherr advises MedAustron in EIA milestone of fourth treatment room at centre for ion therapy and research and receiving operating permit
24th May 2022 Schoenherr advised the Austrian cancer treatment and research centre MedAustron in the environmental impact assessment for the commissioning of a fourth treatment room.Austria: Schoenherr advises Storyblok on USD 47m Series B financing
20th May 2022 Schoenherr advised the Austrian scale-up Storyblok on its Series B financing worth USD 47m, one of several major transactions in the Austrian start-up scene on which Schoenherr has advised in the recent past.Schoenherr advises HS Timber on the acquisition of Luvian Saha (Finland)
9th May 2022Schoenherr advised Austrian HS Timber Group on the acquisition of Luvian Saha Oy, one of the largest private sawmills in Finland, from private owners. The transaction closed on 29 April 2022.
Schoenherr named “CEE Wide Law Firm of the Year” by Chambers and Partners
4th May 2022 Schoenherr won the "CEE Wide Law Firm of the Year" award at this year's Chambers Europe Awards Gala hosted by the renowned legal publisher Chambers and Partners.Schoenherr advises HS Timber Group and Blue Minds on the sale of Interfloat to Borosil Renewables, Limited, India
4th May 2022 Schoenherr advised Austrian HS Timber Group and Blue Minds on the sale of Interfloat Corporation and GMB Glasmanufaktur Brandenburg GmbH to Borosil Renewables Ltd, listed on the Indian Stock Exchange. The transaction agreement was executed on 25 April 2022. Closing is expected in the first half of 2022 and is still subject to the fulfilment of customary regulatory approvals.Schoenherr advises S&T AG on voluntary partial public takeover offer
29th April 2022 Schoenherr advised S&T AG, an Austrian company listed on the Frankfurt Stock Exchange, in connection with the voluntary partial public takeover offer by grosso tec AG (Germany) on issues of Austrian law. Hogan Lovells advised S&T AG on German law issues.Schoenherr named Austria M&A Legal Adviser of the Year by Mergermarket
5th April 2022 Schoenherr was awarded the "Austria M&A Legal Adviser of the Year" by Mergermarket at the European M&A Awards Gala on 31 March 2022.Schoenherr advises IMMOFINANZ supervisory board in bidding contest between CPI Property Group and S IMMO
9th March 2022 Schoenherr advised the supervisory board of Austrian IMMOFINANZ AG in connection with the two competing takeover bids by CPI Property Group SA and S IMMO AG.Schoenherr advises Herba Chemosan board on management buy-out
8th February 2022 Schoenherr has advised the board of the Austrian pharmaceutical wholesaler Herba Chemosan Apotheker-AG (Herba Chemosan) on the recent management buy-out (MBO).Schoenherr advises RGREEN INVEST on unique EUR 15m green bond to finance photovoltaic plant in Bulgaria
7th February 2022 Schoenherr advised RGreen Invest, a French management company representing a fund for green energy projects, on a EUR 15m bond to finance the construction of a photovoltaic plant near the town of Razlog in southwestern Bulgaria, as well as on a standard security package for it. The bond's issuer is a member of the Renalfa group, a leading Bulgarian clean energy and e-mobility provider with a focus on renewable energy generation assets.Schoenherr advises Chaos on Bulgarian law aspects in merger with Enscape
3rd February 2022 Schoenherr advised Chaos, a global leader in photorealistic rendering technology, on the Bulgarian law aspects of its merger with Enscape, a leading developer of real-time rendering and design workflow technology for the Architecture, Engineering and Construction (AEC) industries.Schoenherr advises Mayr-Melnhof Holz on acquisition financing for Bergkvist Siljan
2nd February 2022 Schoenherr supported the Austrian Mayr-Melnhof Holz group in the financing of its acquisition of Swedish sawmill group Bergkvist Siljan.Schoenherr strengthens Austrian team with four additional counsel promotions
2nd February 2022 Schoenherr recently announced the promotion of three equity partners and two contract partners effective 1 February 2022. This round of promotions has now been extended to include four new counsels: Sara Khalil, Iliyana Sirakova, Marco Thorbauer and Bojana Vareskic.Schoenherr recognised as leading Austrian M&A Legal Advisor for 2021 by Mergermarket
24th January 2022 Schoenherr has, yet again, been named top M&A legal advisor in the Austrian market by Mergermarket. For over a decade, Schoenherr has been leading the Austrian Mergermarket M&A league tables.Schoenherr advises e-mobility start-up Easelink on EUR 8.3m financing round (Series A)
20th January 2022 Schoenherr advised the Austrian high-tech company Easelink, a provider of automated electric vehicle charging solutions, on its EUR 8.3m Series A financing round.Schoenherr advises Austrian unicorn Bitpanda on expansion of its product portfolio to include exchange traded cryptocurrencies
20th January 2022 Schoenherr advised the Austrian fintech Bitpanda on the expansion of its product portfolio to include exchange traded cryptocurrencies. This product provides investors with easy access to crypto assets via a liquid financial instrument traded on a regulated exchange.Schoenherr advises Mirova and RP Global on sale and refinancing of onshore wind farms in Croatia
17th January 2022 Schoenherr advised Mirova and RP Global on the sale of two onshore wind farms in Dalmatia, Danilo (44MW) and Rudine (34MW), to Professio Energia d.d. (DLPR, Zagreb Stock Exchange). Before the closing of this transaction, Privredna Banka Zagreb d.d., a member of Intesa Sanpaolo Group, refinanced loans provided by the IFC and UniCredit. Schoenherr acted as lead counsel to Mirova and RP Global on both the sale and refinancing transactions.Schoenherr advises Managers on issue of EUR 1.5bln Mortgage Pfandbriefe by Erste Group
13th January 2022 Schoenherr advised the Managers on the successful issue of EUR 750m 0.01 %. Mortgage Pfandbriefe due 2028 (AT0000A2UXM1) and EUR 750m 0.50 %. Mortgage Pfandbriefe due 2037 (AT0000A2UXN9) by Erste Group Bank AG.Schoenherr advises PALFINGER AG on reversal of cross-shareholding with Sany
4th January 2022 Schoenherr advised Palfinger AG, a leading provider of innovative crane and lifting solutions, on the reversal of the cross-shareholding with the SANY Group, a Chinese equipment manufacturing group.Schoenherr advises UNIQA on successful issue of new EUR 375m green tier 2 notes and notes repurchase
16th December 2021 Schoenherr advised UNIQA Insurance Group AG, one of the leading insurance groups in Austria and CEE, on its successful issue of new EUR 375m green tier 2 notes and concurrent repurchase of existing subordinated notes in the same principal amount.Schoenherr advises on 360kompany AG’s sale, one of Austria’s biggest start-up exits
14th December 2021 Schoenherr advised the RegTech start-up 360kompany AG and its shareholders on the sale to Moody’s Corporation, on what is purported to be one of the biggest exits in Austria's start-up scene to date.Schoenherr advises Sanofi on acquisition of Origimm Biotechnology GmbH
3rd December 2021 Schoenherr advised Sanofi, a global leader in healthcare, on the acquisition of 100 % of the shares in Origimm Biotechnology GmbH, a private Austrian biotechnology company.Schoenherr advises Slate Asset Management on acquisition of EUR 90m real estate portfolio
26th November 2021 Schoenherr advised Slate Asset Management, a global alternative investment platform focused on real estate, on the acquisition of a portfolio of essential real estate assets in Austria and Slovakia for approximately EUR 90m.Schoenherr advises Liechtenstein Group on EUR 40m investment in Tesvolt
24th November 2021 Schoenherr advised the Liechtenstein Group on its investment in Tesvolt GmbH, a technology leader for energy storage in the commercial and industrial sector.Schoenherr advises Aquila Part Prod Com on successful IPO worth EUR 74m
19th November 2021 Schoenherr Romania advised Aquila Part Prod Com on the successful completion of an initial public offering ("IPO") for the sale of some 66.6m new shares, for a total price of approx. EUR 74m.Schoenherr to strengthen leadership across Austria and CEE by appointing new equity and contract partners
5th November 2021 Schoenherr will substantially strengthen its leadership by appointing new equity and contract partners across Austria and CEE effective 1 February 2022.Schoenherr advises Sendinblue on acquisition of Metrilo
22nd October 2021 Schoenherr advised the leading French-based all-in-one digital marketing platform Sendinblue SAS on the acquisition of Metrilo OOD ("Metrilo"), a Bulgarian e-commerce metrics company, from its founders and several investors such as Speedinvest II International GmbH, LAUNCHub Fund Coöperatief U.A. and Eleven Capital AD. The advising team in Schoenherr's Bulgarian office advised on all major legal aspects of the transaction, including due diligence and negotiation of transaction documents.Schoenherr advises Nice & Green S.A. on innovative convertible notes funding programme with Marinomed Biotech AG
18th October 2021 Schoenherr advised Swiss investment firm Nice & Green S.A. on an innovative convertible notes funding programme (CNFP) with Vienna Stock Exchange listed Marinomed Biotech AG.Schoenherr advises Joint Lead Managers on issue of EUR 250m covered bank bonds by Kommunalkredit Austria AG
6th October 2021 Schoenherr advised the Joint Lead Managers on the successful issue of EUR 250m 0.01 % covered bank bonds due 2028 by Kommunalkredit Austria AG.Schoenherr advises ZECH Bau Austria on acquisition of Implenia’s building construction business
28th September 2021 Schoenherr advised ZECH Bau Austria GmbH, a German owner-managed construction company, on the acquisition of Implenia Baugesellschaft mbH's building construction business in Austria by virtue of an asset deal. The closing of the transaction is currently subject to merger control clearance.Schoenherr advises P&I on the acquisition of 100 % of shares in VRZ
22nd September 2021 Schoenherr advised P&I Personal & Informatik GmbH on the acquisition of 100 % of the shares in VRZ Informatik Gesellschaft mbH (Dornbirn) and its sister company ThinkCreateAct AG (Switzerland). The transaction is currently subject to the condition precedent of regulatory clearance. With the acquisition of the VRZ Group, P&I AG is expanding its presence in Austria and Switzerland.Schoenherr advises on top Bulgarian dental distributor transaction involving Abris Capital Partners
17th September 2021 Schoenherr advised the owner and CEO of Dentatechnica EOOD, the largest distributor of dental equipment and consumables in Bulgaria, on a transaction with Dentotal (Romania), a subsidiary of Abris Capital Partners. Subject to competition authorities' approval, Dentatechnica will become part of Dentotal Group with the aim of creating a regional leader through organic growth and further consolidation of local markets in Romania and Bulgaria.Schoenherr advises Wienerberger AG on the successful placement of 2.5 million treasury shares through accelerated bookbuilding
8th September 2021 Schoenherr advised Vienna Stock Exchange listed Wienerberger AG, a leading international supplier of building materials and infrastructure solutions, on the EUR 81.25m placement of treasury shares with institutional investors.Austria/CEE: Schoenherr advises UNIQA on the acquisition of AXA subsidiaries in CEE for EUR 1bln
31st March 2020 Once again, Schoenherr has advised on a billion-euro transaction in the CEE region: An international Schoenherr team assisted UNIQA on the acquisition of AXA subsidiaries in the Czech Republic, Poland and Slovakia for a purchase price of around EUR 1bln.Austria/CEE: Schoenherr further strengthens leadership with promotions
31st March 2020 Schoenherr is strengthening the ranks of equity partner, contract partner and counsel with new promotions effective as of 1 February 2020. With Pawel Halwa and Thomas Kulnigg, Schoenherr promotes two longstanding Schoenherr experts to equity partners. Constantin Benes, Leon Kopecký, Günther Leissler, Laurenz Schwitzer, Manuela Zimmermann, Georgiana Bădescu, Mădălina Neagu and Miloš Laković are promoted to contract partners, and at counsel level, Dominik Hofmarcher and Clemens Rainer have moved up in the ranks.Legal Developments
European Court of Human Rights: Employers have limited rights to monitor employee communications at
26th September 2017A 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
22nd September 2017The 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.
If adopted, investors from outside the EU and EEA would need to apply and obtain such permission if they intend to acquire more than a 25 % interest in an existing or yet to be established company with its registered seat in Hungary, provided that this company pursues activities that are deemed sensitive for national security.
EU: High-Level Expert Group on Sustainable Finance delivers early recommendations
11th August 2017
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
11th August 2017
The Serbian Commission for Protection of Competition (the "Commission") 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
11th August 2017One 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.
Hungary: Are Interim Measures Hard to Enforce?
21st July 2017The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018.
The 2017 Act, considering both the shortcomings of the current Hungarian legislation (Act LXXI of 1994 on Arbitration, the “1994 Act”) and the amendment of the UNCITRAL Model Law on International Commercial Arbitration adopted in 2006 (the “Model Law”), repositions arbitration by reforming the choice of arbitrators, the institutional system of Hungarian arbitration panels, and the power of the panels ordering interim measures and preliminary orders. read more...
EU: Council Introduces Action Plan for NPLs
21st July 2017On 10 July 2017, the Commission announced the public consultation on the development of secondary markets for non-performing loans (NPLs) and distressed assets. Following the commencement of this public consultation, the Council introduced its Action Plan for NPLs.
Bulgaria: Remedies imposed on fuel companies following cartel investigations
21st July 2017For the second time in less than five years, the Bulgarian Commission for the Protection of Competition ("Commission") has opened investigation proceedings regarding prohibited agreements and concerted practices against the major fuel companies in Bulgaria and closed them without issuing penalties.
Austria: Slightly Lower Fees, a Little More Liberalisation – The 2017 Amendments to the Austrian Tra
14th July 2017Following a year of intense political discussion, the Austrian Parliament adopted numerous amendments to the Austrian Trade Act 1994 (Gewerbeordnung 1994, "GewO") at the end of June. While the reform falls significantly short of the outgoing government's original announcements last July with the aim to liberalise market access and to cut red tape for businesses, it nevertheless introduces several material changes to business activity in Austria. read more...
Recast of the EU Regulation on Insolvency Law Applicable as of Today
14th July 2017The EU Regulation on Insolvency Law 1346/2000 (EIR) was considered a milestone in the cross-border coordination of national insolvency proceedings. The recast of the EU Regulation on Insolvency Law 2015/848, applicable to insolvency proceedings opened after 26 June 2017, considers substantial developments in national insolvency laws. read more...
Lessons Learned over Three Years: Amendment of the Hungarian Trust Regulation
14th July 2017The Hungarian Parliament passed an act in June 2017 with the aim of improving Hungary's business competitiveness. Among other things, the amendment has changed the regulation of trusts and their management, hopefully for the better, since the past three years have shown that a lack of such experience still exists. The legal concept of trust was introduced into Hungarian law in 2014, when the new Civil Code entered into force. Contrary to expectations, however, potential market players were hesitant to launch their businesses, mainly due to crippling bureaucracy and the vague regulation of trusts. read more...
Austria: Avoid Expensive Mistakes As Startup Employer
14th July 2017As violations may lead to enormous liabilities, start-up employers are advised from the outset to comply with the applicable laws pertaining to their personnel. In addition to being an underestimated factor when it comes to financial liabilities, employment-law-related mistakes may also result in difficulties in the course of a company's sales process. For a better understanding of what can go wrong in employment relationships, three of the most common mistakes that employers make are listed below. read more...
Renewable Energy: Amendment of the Austrian Green Electricity Act Doubles Funding
14th July 2017After four months of negotiations, the Austrian National Council has finally reached an agreement on the amendment of the Green Electricity Act ("Ökostromnovelle"). The required two-thirds majority was reached by a last minute agreement between the coalition parties and the Green Party. The aim of the new legislation is to increase the percentage of green electricity and to achieve an expansion of renewable energy in Austria. read more...
Austria: Major Changes in Personal Bankruptcy Law
11th July 2017On 28 June 2017 the Austrian Parliament passed the government's legislative proposal on insolvency law (Insolvenzrechtsänderungsesetz 2017). After lengthy negotiations, the government finally agreed to shorten personal insolvency proceedings to a maximum five years and to abolish the minimum insolvency quota of 10 % under certain conditions. The amendments will be applicable as of 1 November 2017. read more...
Significant Amendments to the Romanian Competition Rules – What’s New?
5th July 2017The newly adopted Government Emergency Ordinance No. 39/2017 (the "Ordinance") introduces significant changes to Romanian competition rules. For example, it implements the provisions on actions for damages resulting from competition law infringements, as regulated under Directive 2014/104/EU (the "Damages Directive") and sets out new provisions impacting the food/non-food retail sector, as well as the dawn-raid procedure and fines applicable by the Romanian Competition Council (the "RCC") to non-resident undertakings. read more...
The Austrian Law on the Responsibility of Associations: New tendency to prosecution authorities to t
21st June 2017The Austrian Law on the Responsibility of Associations (Verbandsverantwortlichkeitsgesetz, "VbVG") came into effect in 2006, stipulating that a company can be held criminally liable for certain criminal acts committed by its employees and decision-makers. According to new tendencies of prosecution authorities, the practical scope of the VbVG could expand in the future. read more...
Croatia: Lex Agrokor – Government Intervention at the Eleventh Hour
31st May 2017Lex Agrokor – behind the scenes
The hottest topic in Croatia right now is the Agrokor situation and the newly enacted Act on Compulsory Administration Procedure in Companies of Systemic Importance for the Republic of Croatia (Zakon o postupku izvanredne uprave u trgovačkim društvima od sistemskog značaja za Republiku Hrvatsku; the "Act"). The Act was immediately nicknamed "Lex Agrokor" because of what appears to be its main purpose.
Austria: Draft Data Protection Amendment Act 2018 in Appraisal
22nd May 2017National Room for Manoeuvre Despite the GDPR
About a year before the General Data Protection Regulation (GDPR) comes into full effect, the Austrian legislator officially started a six-week consultation process for the national Data Protection Amendment Act 2018 (Datenschutz-Anpassungsgesetz 2018). The GDPR will harmonise the EU's data protection laws, but numerous so-called "opening clauses" allow national leeway. Besides, EU Directive 2016/680 requires implementation into national law and provides specific regulations on data processing by security authorities for the purpose of law enforcement. The published draft implements the Directive's provisions in a separate chapter (Hauptstück). read more...
ECB Publishes Practical Fit and Proper Assessments Guide for Board Members of Credit Institutions
22nd May 2017On 15 May 2017, the European Central Bank ("ECB") published a guide on fit and proper assessments (the "Fit and Proper Guide"), which reflects the result of a public consolidation launched by the ECB on 16 November 2016.
European Commission Proposes EMIR Reform that will Minimise the Clearing Obligation for NFC and Cert
16th May 2017On 4 May 2017, the European Commission published its proposal for an amendment of the European Market Infrastructure Regulation (EMIR). The Commission calls the proposed amendment a good example of "better regulation in practice" which is "essential to the creation of the Capital Markets Union (CMU)".
Hungary: New Arbitration Legislation?
2nd May 2017The Ministry of Justice has circulated its initiative for improving the legal environment with the aim of increasing Hungary's competitiveness by amending certain regulations and institutions. Among other things, the initiative concerns cross-border mergers and operation of trustees, and generally aims to lighten administrative burdens. Most notably, if adopted in its current form, it will reform the Hungarian arbitration regulation. read more...
Significant amendments to Austrian Competition Law – Part I (Overview)
7th April 2017On 6 April 2017, the Austrian Parliament adopted significant amendments to Austrian competition law, as set forth in the Austrian Cartel Act ("KartG") and the Act on the Austrian Federal Competition Authority ("WettbG"). The amendments concern three main areas: (i) implementation of the EU Damages Directive; (ii) introduction of an additional transaction value test in merger control; and (iii) certain adjustments to strengthen public enforcement of antitrust infringements. read more...
ECJ Allows Prohibition of Headscarves at Workplace
7th April 2017Employers may prohibit their employees from wearing Islamic headscarves and other religious or political symbols, subject to certain conditions. On 14 March 2017, the European Court of Justice (the "ECJ") adopted a corresponding ruling in Luxembourg and decided on two cases in this respect, one dealing with a receptionist from Belgium and the other with a software designer from France. read more...
Slovenia Adopts New State Aid Legislation
7th April 2017Slovenia adopted a new law regulating rescue and restructuring state aid, which entered into force in mid-February. When notified to the European Commission as a state aid scheme, it will allow the Republic of Slovenia to support companies and cooperatives in difficulty without having to notify support mechanisms in accordance with the provisions of the law as an individual aid measure to the European Commission. read more...
Individual Tax Rulings Now Possible in Moldova – And They’re Binding!
30th March 2017What previously was impossible and not foreseen by local legislation is now possible. Starting 1 January 2017, the Tax Code of Moldova (the "Tax Code") was amended by Law 281/2016 to include a separate norm (Art. 136¹) on individual tax rulings ("ITR") for the benefit of entrepreneurs. Within the limits of its scope and in respect of a concrete beneficiary, an issued ITR is binding on the State Tax Service (the "STS"). The Government and the Ministry of Finance are expected to approve the secondary legislation to regulate the details of the procedure. read more...
Bulgaria: Opening the gas market for foreign traders!
20th March 2017Most recently, the Bulgarian Energy Regulator has taken significant steps towards the full liberalisation of the natural gas market: In December 2016, the Bulgarian Energy Regulator adopted legislative amendments to the Rules for Trading of Natural Gas (Правила за търговия с природен газ, "Trading Rules") and the Rules for Access to the Gas Transmission and/or Gas Distribution Networks and the Natural Gas Storage Facilities (Правила за предоставяне на достъп до газопреносните и/или газоразпределителните мрежи и за достъп до съоръженията за съхранение на природен газ, "Access Rules"). Moreover, it adopted new Rules for Balancing of the Natural Gas Market (Правила за балансиране на пазара за природен газ, "Balancing Rules"). read more...
New regulation on unit-linked life insurance in Hungary
20th March 2017Policyholders of unit-linked life insurance products pay an agreed sum for the unit-linked insurance to the insurance company, as a regular premium, or in one lump sum. These payments cover the life insurance component as well as the investment, administrative costs, contracting fee and the commissions. The "total cost charged" ("TCC") is an indicator – calculated in line with the rules of Hungarian insurance regulations – showing all costs charged on life insurance policies having a savings element, reflected as a percentage value. The regulation of the TCC in Hungary has been amended effective 1 January 2017.
When Arbitration Meets Insolvency in Montenegro – Can They Coexist?
20th March 2017Even at first blush, it is apparent that arbitration and insolvency make strange bedfellows.
The reason they make such an odd couple is the different underlying policies, objectives, and purposes they stand for. The heart of arbitration lies at the privity of contract and the existence of party autonomy independent from the state. In contrast, insolvency reflects a centralized and to a certain extent state-managed procedure that holds all creditors equal, within a set system of ranking – a transparent and accountable process governed by mandatory substantive and procedural law provisions. read more...
Hungary: Increase of Minimum Sale Price May Affect Retail NPL Transactions?
20th March 2017On 7 March 2017, the Hungarian parliament adopted a law that increases the minimum sale price of a residential property in the enforcement procedure from the current 70% of its market value to 100% (market value to be understood as the price set by the appraisal of the bailiff), provided that (i) the claim to be enforced stems from a consumer contract; (ii) the real property is the debtor's only real property; and (iii) the debtor resided in that real property for at least six months prior to the initiation of the enforcement procedure. read more...
Hungary: Registration Fees for Company Establishment Abolished
20th March 2017In an aim to simplify state administration and support economic growth, the Hungarian Parliament adopted a new law abolishing the registration fee and the publication cost for incorporating limited liability companies ("LLC") (korlátolt felelősségű társaság), limited partnerships (betéti társaság), general partnerships (közkereseti társaság), and sole entrepreneurships (egyéni cég). The new law becomes effective on 16 March 2017. read more...
Legislative vacuum filled: Czech Republic introduces comprehensive new national legislation on e-cig
9th March 2017New legislation regulating e-cigarettes in the Czech Republic entered into force on 1 March 2017, introducing specific safety and quality requirements on e-cigarettes in the country for the first time. read more...
Bulgaria: Amendment to the pricing and reimbursements process for pharmaceuticals
6th March 2017The amendment aims at alleviating the existing regime for pricing of pharmaceuticals for home treatment of chronic, genetic and/or rare diseases and paid by the National Health Insurance Fund (NHIF). It affects the interests of individuals with health insurance and the activities of more than 290 authorisation holders, of the wholesalers of pharmaceuticals, and of pharmacies (as retailers). read more...
Austria: Hospital Consolidation – a Driver of M&A Activity
27th February 20172016 has seen a surprising level of deal activity in the (private) Austrian hospital sector: in Vienna, PremiQaMed, a 100 % subsidiary of UNIQA insurance group, acquired a 75 % stake in the renowned private hospital "Goldenes Kreuz", and the hospitals Hartmannspital and St. Elisabeth announced a merger to form the new "Franziskus" hospital. In Linz (Upper Austria), the "Elisabethinen" and the hospital operated by the Sisters of Charity agreed to combine to form a regional player with approx. 1,200 beds. read more...
Boost your Start-Up with an Advisory Board – Points to consider
27th February 2017Most start-ups are founded by first-time founders directly after graduation, with the founding team consisting, also in most cases, of not more than two members. Such founders are naturally not equipped for all of their business challenges. Founders thus often make mistakes, especially at the very beginning of their activities, e.g. in relation to developing and distributing their products, when and how to raise capital and developing or moving into new markets. read more...
The EU Capital Markets Union – Recent developments on Venture Capital
27th February 2017On 16 December 2016, the Council of the European Union announced agreement on its negotiating stance in relation to the proposed regulation amending the European Venture Capital Funds ("EuVECA") Regulation (Regulation (EU) No 345/2013) and the European Social Entrepreneurship Funds ("EuSEF") Regulation (Regulation (EU) No 346/2013), which is now at the European Parliament's ECON committee, scheduled to be voted on, on 22 March 2017. On 31 January 2017 the call for expression of interest for selecting a fund manager of the Pan-European Venture Capital Fund-of Funds closed; and tax incentives for venture capital and business angels are expected to be proposed in the course of 2017 to foster investment in SMEs and start-ups, close the funding gap and thereby remove obstacles to economic growth in Europe. read more...
Albania: Finally on track for a comprehensive support scheme for renewable energy?
22nd February 2017Current status
Albania has one of the highest percentages of electricity produced from renewable energy sources (RES) in its electricity mix – more than 95 % of electricity generated in Albania comes from hydropower generation. In spite of that (or maybe because of that), Albania has not had a comprehensive policy on the support of RES in place to date. read more...
No Smoking: After a long battle in Parliament, the Czech Republic finally adopts smoking ban
17th February 2017One last hurdle – the signature of Czech President Miloš Zeman –before the so called Anti-Smoking Bill enters into force on 31 May 2017.
On 19 January 2017, the Senate of the Parliament of the Czech Republic approved the government bill of the Act on Protection from the Harmful Effects of Addictive Substances (the "Bill"), which is due to enter into force on 31 May 2017, subject to signature by the President. read more...
Facilitation or Liability Trap for Foreign Employers? – The Revised Austrian Law against Wage and So
3rd February 2017On 1 January 2017, the revised Austrian Law against Wage and Social Dumping ("Lohn- und Sozialdumping Bekämpfungsgesetz" or "Revised LSD-BG") came into force. The Revised LSD-BG applies to matters arising after 31 December 2016.
Austria: Court rules on rights in environmental impact assessment
23rd January 2017If there are two or more conflicting water use projects (eg, hydroelectric power stations), the Water Act provides for a special conflict procedure. A pending conflict procedure suspends decisions in all underlying approval procedures. As a result of the conflict procedure, the project which serves public interests best will take priority over the inferior project. read more...
2016 brought some substantial changes in Austria’s Criminal Law provisions – A Review
17th January 2017In 2016, Austrian Criminal Law experienced some substantive legal developments in both, procedural and material aspects. The following overview reflects the most relevant developments in Austrian Criminal Law in 2016.
1. Material changes
1.1. Breach of trust
With effect from 1 January 2016, the offence "breach of trust" in sec 153 of the Austrian Criminal Code ("ACC") has been fundamentally revised. At first glance, sec 153 of the ACC is not a very complex provision. It states, quite simply, that whoever knowingly abuses the authority conferred to him or her shall be liable, if he or she intends to cause and eventually causes financial harm to his or her principal (eg the company). Thus, sec 153 ACC has three prerequisites: (i) an abuse of authority, (ii) financial harm and (iii) criminal intent. With the reform of sec 153 ACC the Austrian legislator finally addressed the concern that the scope of what constitutes an "abuse of authority" is not always easy to assess: read more
Austrian Supreme Court Establishes New Standards as Regards the Decisive Underlying Reasoning of Arb
3rd January 2017The decisive underlying reasoning ( motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike. On the one hand, elaborate reasoning in arbitral awards more often than not comes at the price of long waiting periods for the issuance of the awards, and periods of meticulous drafting on the part of the arbitrator(s). On the other hand, a lack of elaborate reasoning may likewise be a headache, since it exposes the arbitral award to setting aside. read more...
The Czech Republic joins other European countries in regulating the sale and advertising of unhealth
19th December 2016From January 2017, selling and/or advertising chips, soft drinks or mayonnaise-filled sandwiches to children in schools will be illegal.
The Constitutional Court of Moldova has spoken: No Need for Acquirer of a Share Stake to Obtain Shar
6th December 2016Through its 27 September 2016 decision ("Decision 27/2016"), the Constitutional Court of Moldova ("Constitutional Court") has declared certain provisions of the local Law on Limited-Liability Companies ("Law 135/2007") unconstitutional. In particular, it ruled that the operation of amendments to constitutive acts cannot constitute a condition and impediment to an acquirer registering its property right over a share stake in the State Register of Companies. read more...
European Commission releases “Clean Energy Package”
6th December 2016On 30 November 2016 the European Commission published its "Winter Package" containing proposals for new rules for a consumer-centered clean energy transition. The 500 page Winter Package had been eagerly awaited by the energy industry since it was to contain the major energy regulations for 2020 onwards. As expected, the most substantial measures and amendments proposed concern renewables and energy efficiency in the European Union. In addition, the electricity market design is proposed to be amended. read more...
Protection of new and interim financings in restructuring? – The European Commission’s proposal on e
2nd December 2016Since the European Commission adopted the recommendation on restructuring and second chance in 2014, it has been working on the evaluation of its initiative and the introduction of a European legal framework. In 2015 the Capital Markets Union Action Plan included the announcement of a legislative initiative on early restructuring and second chance. Finally, on 22 November 2016, the European Commission published its proposal for a European Directive on preventive restructuring frameworks and a second chance for entrepreneurs. The proposal includes, inter alia, provisions protecting new and interim financing in restructurings. read more...
Austria: Upcoming ban on speculative financial transactions for public bodies
22nd November 2016 The Austrian Federal Government agreed in its 2013-2018 work programme, on the implementation of a nationwide ban on speculative financial transactions for the Federation, the Austrian Federal States, Austrian Municipalities, and other public bodies. read more...The EU Capital Market Union – European Commission establishes expert group to develop strategy on su
16th November 2016On 28 October 2016, the European Commission decided to establish a High Level Expert Group on sustainable finance, one of the European Commission's primary objectives within the EU Capital Markets Union ("CMU").
This Legal Insight is the first part of our dedicated newsletter series on the CMU. We will provide regular updates on CMU-related topics.
Slovenia: Do companies have the right to be heard during a dawn raid?
16th November 2016The Slovenian courts were recently asked to rule on companies' right to be heard during unannounced investigations (so-called 'dawn raids') by the Competition Protection Agency. read more...
Romania: New rules on labelling products that use frozen food in the preparation process
11th November 2016As of 20 October 2016, new legal provisions are in place in Romania setting out how consumers should be informed of products that use frozen foods in their preparation. In this respect, the consumer protection authority enacted Order 183/2016 ("Order 183") published in the Official Gazette on 20 September 2016. read more...
Legal Briefings
Hungary – discouraging litigation?
Since 2018, Hungary has a new act on civil court procedures (Act CXXX of 2017 – the Act) which has brought about significant reforms after 50 years. The reforms were aimed at healing previous shortcomings, such as lengthy and tedious procedures, and making court cases concise, yet professional in quite a tight structure. As almost …