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Schoenherr (Schönherr Rechtsanwälte)

SCHOTTENRING 19, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 53 43 70
Email:
Web:
www.schoenherr.eu
Belgrade, Bratislava, Brussels, Bucharest, Budapest, Chisinau and 8 more

Austria

Administrative law and public sector
Administrative law and public sector - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Christian Schmelz heads the team at Schoenherr (Schönherr Rechtsanwälte), which is known for its broad practice. Environmental law is a particular area of focus for the team, which regularly handles environmental impact assessments and permitting procedures for large-scale infrastructure projects, as well as hydropower plants and wind farms. Highlights included the team's ongoing advice to Vienna International Airport and the state of Lower Austria on the construction of a third runway, including representing the clients in appeals to the Constitutional Court and Supreme Administrative Court. Other areas of expertise are technology regulation and data protection issues, such as privacy law and newtech, and energy law; Bernd Rajal specialises in energy law, and counsel Günther Leissler focuses on technology regulation and data protection. Counsel Johannes Stalzer is also recommended.

Leading individuals

Christian Schmelz - Schoenherr (Schönherr Rechtsanwälte)

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Banking and finance
Banking and finance - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte) is particularly rated for its strength in acquisition and real estate finance while also handling structured finance, regulatory issues and restructuring and insolvency-related matters. In the regulatory space, the team continues to advise Abbag Abbaumanagementgesellschaft des Bundes on the refinancing and deregulation of KA Finanz, and, in acquisition finance, the 'highly experienced' Martin Ebner co-operated with M&A colleagues to assist Advent International with the financing of its acquisition of GE's distributed power business in Austria and Hungary. In the real estate sphere, Invest Real Estate received advice on the financing for the acquisition of 390 apartments forming part of the development project Das Ensemble in Vienna. 'Exceptional' regulatory contact and 'hands-on lawyer' Peter Feyl, 'very responsive' fintech expert Ursula Rath and Miriam Simsa are other key members of the team, which lost counsel Stefan Paulmayer to PwC Legal Austria-oehner & partner in July 2018.

Leading individuals

Martin Ebner - Schoenherr (Schönherr Rechtsanwälte)

Peter Feyl - Schoenherr (Schönherr Rechtsanwälte)

Next generation lawyers

Ursula Rath - Schoenherr (Schönherr Rechtsanwälte)

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Capital markets
Capital markets - ranked: tier 2

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte) has carved out a strong practice handling capital markets transactions at the interface of banking, corporate and restructuring law, while also having an excellent niche in the fintech sector. Practice head Ursula Rath has specialist expertise in the latter and, in co-operation with colleagues from the corporate practice, she is advising Conda on its ongoing ICO of its CRWD token. Together with Peter Feyl, she also assisted immigon portfolioabbau and its subsidiary with the sale of its 3% stake in RBI to institutional investors via accelerated bookbuilding. The team, which includes Martin Ebner, also handles securitisations, derivatives and high-yield bonds. Counsel Stefan Paulmayer moved to PwC Legal Austria-oehner & partner in July 2018.

Next generation lawyers

Ursula Rath - Schoenherr (Schönherr Rechtsanwälte)

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Demonstrating 'great team spirit', Schoenherr (Schönherr Rechtsanwälte)'s 'very responsive, dynamic and pragmatic' practice is a regular fixture on many Austrian and cross-border headline deals. In recent work, Robert Bachner and the highly regarded Christian Herbst acted for Buwog as the target company in the voluntary public takeover bid for Vonovia, and Advent International received assistance with its acquisition of GE's distributed power business in Austria and Hungary, and UniCredit Group received advice on the establishment of two strategic partnerships with Allianz and Generali for the distribution of insurance products. Other key individuals include Alexander Popp, who is a specialist in TMT-sector transactions, 'reliable and committed' restructuring expert Sascha Hödl and private equity and venture capital expert Thomas Kulnigg.

Leading individuals

Christian Herbst - Schoenherr (Schönherr Rechtsanwälte)

Sascha Hödl - Schoenherr (Schönherr Rechtsanwälte)

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Construction
Construction - ranked: tier 2

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)'s construction practice benefits from the expertise of the firm's real estate and regulatory departments when advising on construction contracts, plant construction, infrastructure projects and building permits, as well as energy and infrastructure projects. Michael Lagler and Peter Madl jointly head the construction team; Madl recently acted for Unger Unternehmensgruppe on the turnkey construction agreement between the property owner and general contractor for the construction of a substantial amount of residential and commercial spaces in a redevelopment project pertaining to part of Vienna’s former northern railway station. Lagler and attorney at law Constantin Benes are advising new client Clariant on a €260m project for the construction of a 60MW cogeneration power plant in Romania. Arabella Eichinger is also recommended.

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

Schoenherr (Schönherr Rechtsanwälte)

Praised for its 'ability to think internationally', Schoenherr (Schönherr Rechtsanwälte) routinely acts for clients in investment arbitration proceedings involving governmental entities throughout the CEE region; recently, team head and 'eminent practitioner' Christoph Lindinger assisted GreenWorx with ICSID arbitral proceedings against the Republic of Serbia pertaining to the alleged breach of investment-related assurances and guarantees. Other work includes commercial disputes across various industries. 'Extremely clever' counsel and 'strong communicator' Leon Kopecký and Maximilian Raschhofer, who was promoted to counsel in February 2018, are other names to note. Mediation expert Anne-Karin Grill joined Vavrovsky Heine Marth Rechtsanwälte in June 2018.

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

Schoenherr (Schönherr Rechtsanwälte)

At Schoenherr (Schönherr Rechtsanwälte), the team is led by Christoph Lindinger and focuses on representing clients in damage claims and general commercial litigation but also acts in product liability claims and insolvency-related matters. In corporation with its corporate practice, Andreas Natterer defended the wind-down company immigon portfolioabbau against four claims brought by various companies of the Vienna Insurance Group seeking security for unsecured bonds. Maximilian Raschhofer and Klara Kiehl were promoted to counsel in February 2018.

Next generation lawyers

Maximilian Raschhofer - Schoenherr (Schönherr Rechtsanwälte)

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

Schoenherr (Schönherr Rechtsanwälte)

Praised for its 'reliable hands-on' advice, Schoenherr (Schönherr Rechtsanwälte) is well versed in guiding companies, as well as individuals, through internal investigations, various compliance matters and criminal proceedings pertaining to allegations of fraud, corruption and breach of trust. 'Great communicator and negotiator' Wolfgang Höller jointly heads the team with 'smart' counsel Klara Kiehl.

Next generation lawyers

Klara Kiel - Schoenherr (Schönherr Rechtsanwälte)

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EU and competition
EU and competition - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte) is active in high-profile antitrust, merger control and state aid matters and regularly represents Austrian clients before EU institutions. Hanno Wollmann acted for Altstoff Recycling Austria in one of the few article 102 TFEU cases before the European Commission, which was the first abuse of dominance case to result in a settlement. Practice head Franz Urlesberger is acting for paper and packaging group Mondi in relation to European Commission investigations of alleged collusion in the European kraft paper and industrial paper bags market. The team is also handling cartel damages matters, advising Daimler on follow-on damages claims from the European trucks cartel and acting for Kone in relation to the elevators and escalators cartel. Volker Weiss, who is based in Brussels, is also noted.

Leading individuals

Franz Urlesberger - Schoenherr (Schönherr Rechtsanwälte)

Hanno Wollman - Schoenherr (Schönherr Rechtsanwälte)

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Employment
Employment - ranked: tier 3

Schoenherr (Schönherr Rechtsanwälte)

The team at Schoenherr (Schönherr Rechtsanwälte) advises on the full range of employment law, acting for clients in the banking, automotive, manufacturing and services sectors, among others. Practice head  Stefan Kühteubl is advising automotive supplier Magna on the conclusion and termination of employment contracts, and is also assisting Audi with the secondment of employees from Audi Germany to Austria and of Austrian employees to China by a personnel supplier. The team also handles matters relating to the gig economy, and is advising Uber Austria on the employment status of couriers for the Uber Eats platform. Attorney Teresa Waidmann is also noted.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)’s insolvency team specialises in advising creditors and debtors alike on pre-insolvency reorganisations and refinancing transactions, with a particular focus on restructuring banks. Team head Wolfgang Höller and Miriam Simsa acted for Kika/Leiner to fend off looming insolvency proceedings, enabling the sale of the business to Signa. Other clients include Salesianer Miettex and the European Bank for Reconstruction and Development. Martin Ebner is also a key member of the team.

Leading individuals

Wolfgang Höller - Schoenherr (Schönherr Rechtsanwälte)

Next generation lawyers

Miriam Simsa - Schoenherr (Schönherr Rechtsanwälte)

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Intellectual property
Intellectual property - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

The ‘very focused and very efficient’ team at Schoenherr (Schönherr Rechtsanwälte) covers all aspects of IP law, on the contentious as well as the non-contentious side, ranging from trade mark, design, patent, copyright and know-how protection to unfair competition work. ‘Recognised authority’ Guido Kucsko has acted for major players in the IT industry for many years on copyright levies and reprography levies against collecting societies, while ‘empathetic listener’ Christian Schumacher acted for an Austrian beer producer in China in the co-ordination of a trade mark enforcement and defensive action. Recently promoted partner Michael Woller and the ‘ambitious’ and ‘very responsive’ Dominik Hofmarcher have been defending new client Uber in an unfair competition case before the Austrian Supreme Court.

Leading individuals

Guido Kucsko - Schoenherr (Schönherr Rechtsanwälte)

Next generation lawyers

Michael Woller - Schoenherr (Schönherr Rechtsanwälte)

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Projects and energy
Projects and energy - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

With a superb reputation for infrastructure and energy sector work, Schoenherr (Schönherr Rechtsanwälte) is regularly involved in the market's most significant projects and routinely provides assistance with environmental impact assessments and various infrastructure and energy-related permitting issues. The team is advising Vienna International Airport and the state of Lower Austria on the construction of the third runway at the airport, and assisted Asfinag with various environmental and permitting issues pertaining to the construction of several major motorways. In the energy space, Christian Schmelz's team advised Tiwag Tiroler Wasserkraft on the construction and operation of two large hydro-pump power storage plants and three large-scale river power plants in Tyrol. Bernd Rajal and counsel Johannes Stalzer are also recommended.

Leading individuals

Christian Schmelz - Schoenherr (Schönherr Rechtsanwälte)

Next generation lawyers

Bernd Rajal - Schoenherr (Schönherr Rechtsanwälte)

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Public procurement
Public procurement - ranked: tier 4

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte) works in close co-operation with its public law team, which is led by Christian Schmelz, and routinely advises on EU-wide tenders, general public procurement law matters and challenging contract award decisions. Counsel Johannes Stalzer is the main contact.

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Real estate
Real estate - ranked: tier 1

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)'s full-service real estate offering is particularly attractive for investors and development companies, which routinely instruct the team to assist with transactions and project developments. In one highlight, the 'excellent' Michael Lagler, who jointly heads the team with Peter Madl, and counsel Arabella Eichinger advised Art Invest Real Estate on the acquisition of 390 apartments, forming part of Vienna's development project The Ensemble.

Leading individuals

Michael Lagler - Schoenherr (Schönherr Rechtsanwälte)

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TMT
TMT - ranked: tier 4

Schoenherr (Schönherr Rechtsanwälte)

Schoenherr (Schönherr Rechtsanwälte)'s 'incredibly versatile and professional' newTech team is dedicated to IT work and regularly advises clients, including several insurance and banking sector players, on e-commerce, outsourcing and cloud services matters, while also handling data protection and fintech work. 'Responsive, solution-oriented and professional' team head Wolfgang Tichy assisted Uniqa Insurance Group with various contracts concerning the implementation of a new group-wide IT system. Counsel Günther Leissler focuses on data protection and regulatory issues; Michael Woller is another key figure.

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Further information on Schoenherr (Schönherr Rechtsanwälte)

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Austria

Offices in Vienna

Bosnia and Herzegovina

Bulgaria

Offices in Sofia

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Hungary

Offices in Budapest

Moldova

Offices in Chisinau

Montenegro

Offices in Podgorica

Poland

Offices in Warsaw

Romania

Offices in Bucharest

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

Turkey

Offices in Istanbul

Serbia

Offices in Belgrade

Legal Developments by:
Schoenherr (Schönherr Rechtsanwälte)

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

     
    - Dorda
  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda
  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda
  • Stop! Wait! Move! – No longer Stamp Duty for Residential Homes

    On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.
    - Dorda
  • European Court of Human Rights: Employers have limited rights to monitor employee communications at

    A landmark decision was issued yesterday (Judgement Bărbulescu v. Romania), a source of debate in the media , in which the European Court of Human Rights clarified the restrictions on monitoring employees in the workplace.
  • Potential Hurdle for Acquisitions in Hungary by Non-EU and Non-EEA Investors

    The Hungarian Ministry of the Interior recently submitted a legislative proposal to the Hungarian Government to amend the Act on Hungarian National Security Services (the " Proposal "). The Proposal suggests an amendment pursuant to which investors from non-EU and non-EEA countries who wish to invest in Hungary would have to obtain prior permission from the minister responsible for national security (the " Minister .
  • EU: High-Level Expert Group on Sustainable Finance delivers early recommendations

    On 13 July 2017, the High-Level Expert Group (" HLEG ") on Sustainable Finance published its interim report (" Interim Report ") setting out concrete steps to create a financial system that supports sustainable investments. This Legal Insight is part of our dedicated newsletter series on the European Capital Markets Union (" CMU "). Background The growing awareness of environmental challenges and sustainability risks as well as the adoption of the UN 2030 Agenda and the conclusion of the Paris Climate Agreement by the EU in 2015 call for an EU strategy on sustainable finance. Establishing an EU strategy on sustainable finance is a priority action of the CMU. In December 2016, the HLEG was established to advise on the development of such an EU strategy . The recently published HLEG Interim Report was recently presented in a public hearing on sustainable finance on 18 July 2017. At the same time, the HLEG presented an online questionnaire on the Interim Report aimed at obtaining targeted feedback until 20 September 2017, which would be reflected in the final report of the HLEG scheduled for publication by the end of 2017.