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Eisenberger & Herzog

VIENNA TWIN TOWER, WIENERBERGSTRASSE 11, 1100 VIENNA, AUSTRIA
Tel:
Work +43 1 606 36 47
Web:
www.ehlaw.at
Graz, Vienna

Dr Marcus Benes

Tel:
Work +43 (1) 606 3647 306
Email:
Web:
www.ehlaw.at/en/profile/marcus-benes/
Eisenberger & Herzog

Work Department

Banking / Finance Practice Group. Restructuring Practice Group

Position

Marcus Benes is a Partner at E&H's Vienna office and heads the practice groups Banking & Finance and Restructuring. In his recent work he advised banks and investors in international financing, complex restructuring and sales of credit portfolios throughout Southern and Eastern Europe. He relies on an international network of partner law firms.

Career

Marcus combines in-depth experience in the private economy, restructuring a family business between 2001 and 2003, with many years of law practice at the international law firms Freshfields Bruckhaus Deringer, DLA Piper and Wolf Theiss.

Languages

German, English, Spanish

Member

Austrian Bar Association; New York Bar Association

Education

University of Vienna: Mag. iur (1994); Dr. iur. (1999) University of Pennsylvania: LLM (1996) Wharton School: MBA (2001)

Leisure

Cooking and wine tasting; travelling and foreign cultures


Austria

Banking and finance

Within: Leading individuals

Marcus Benes - Eisenberger & Herzog

Within: Banking and finance

Eisenberger & Herzog focuses on debt restructurings alongside loan portfolio and international acquisition finance transactions, while Ulrike Sehrschön is the main contact for banking regulatory matters. Josef Schmidt, who rejoined the firm's Vienna office in September 2017 from Davis Polk & Wardwell LLP, and Peter Winkler advised Pecik-Group on an acquisition facility agreement required for its subsidiary's acquisition of shares in S Immo from Erste Group Bank. Acting as local counsel, Marcus Benes advised Uralsib Bank on loan proposals for Cetracore Energy, and assisted Vapiano with the conclusion of a secured facilities agreement with UniCredit Bank Austria. Michael Lehotzki left the firm in August 2017 to work in-house.

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Insolvency and corporate recovery

Within: Insolvency and corporate recovery

Cross-border financial and corporate restructuring transactions, loan enforcement and the representation of creditors in Austrian insolvency proceedings are staples of Eisenberger & Herzog’s insolvency and corporate recovery practice, while the restructuring of listed bonds is becoming an area of increased activity. Clients also benefit from the practice’s ability to rely on the firm’s corporate, M&A, capital markets, restructuring and finance teams. Practice co-head Michael Strenitz advised QuadraCir – formerly Asamer Holding – as co-lead counsel on debt restructuring, asset sale and liquidation matters, while other co-head Marcus Benes acted for Scholz Holding on the restructuring of a retail bond. Peter Winkler is another key contact.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda
  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda
  • 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.