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ROSENBURSENSTRASSE 2, WIEN 1010, AUSTRIA
Tel:
Work +43 1 513 80 08 0
Fax:
Fax +43 1 513 80 08 40
Email:
Web:
www.beira.at

The firm: BARNERT EGERMANN ILLIGASCH is a full-service Austrian law firm with specific strengths in corporate/M&A, banking and finance, competition law and employment law. BARNERT EGERMANN ILLIGASCH was founded in 2004. Since then, the lawyers of the firm have grown a substantial and diversified client base and have made their name in the legal and business communities, being consistently ranked in the highest tiers in the fields they are active in.

All of the partners have extensive backgrounds in high-profile international transactions as well as in international work and have obtained training in magic circle and other leading international law firms before joining BARNERT EGERMANN ILLIGASCH. They provide advice with the knowledge and experience of a leading international law firm while maintaining all the benefits in terms of flexibility, transparency and efficiency a smaller firm can offer.

Areas of practice: Banking and Finance: The Banking and Finance team of BARNERT EGERMANN ILLIGASCH has extensive experience advising major Austrian and foreign companies and financial institutions on domestic and international banking and capital market issues, including regulatory matters. Team head Alexander Illigasch has advised on numerous high-profile acquisition finance, asset finance, project finance, structured finance and trade finance transactions.

Corporate/M&A: The Corporate/M&A team of BARNERT EGERMANN ILLIGASCH has extensive experience in advising on M&A transactions in Austria and on a cross-border level. It acts for large Austrian and international corporates, financial institutions and funds. Team head Michael Barnert advises on various kinds of transactions, including MBOs, spin-offs and joint ventures with a broad range of structures such as equity investments, hybrid instruments and mezzanine capital. Moreover, he is active in corporate restructurings and corporate litigation.

Competition: The Competition team of BARNERT EGERMANN ILLIGASCH has long-standing experience in advising national and international companies on all aspects of EU and Austrian competition law, including cartel investigations, merger control and compliance matters. The firm represents clients before the Austrian competition authorities, civil courts as well as the EU Commission. Clients include private sector companies, industry associations, public utilities and other public bodies/authorities. Team head Isabella Hartung regularly holds lectures, has published numerous articles and is co-author of a textbook on Austrian competition law.

Dispute Resolution: BARNERT EGERMANN ILLIGASCH advises national and international clients in litigation matters before Austrian courts as well as administrative authorities and in arbitration proceedings. The firm has special experience with labour law and corporate litigation.

Employment: The Employment team of BARNERT EGERMANN ILLIGASCH represents before civil courts and gives advice to renowned national and international businesses in all areas of employment law. The team also advises in cross-border M&A transactions, including downsizing and remuneration changes. Team head Clemens Egermann has ample experience with, inter alia, structuring of group-wide company benefits, compensation systems and reward programs (executive and non-executive); he also advises on mobility strategies and assists with employee assignments as well as domestic and cross-border transfer of employees.

Energy: The Energy practice of BARNERT EGERMANN ILLIGASCH deals with regulatory matters, including proceedings before the regulatory authority E-Control and administrative courts. The team also has experience with competition-related issues (such as long-term contracts) and M&A deals in the energy sector.

Real Estate: The track-record of BARNERT EGERMANN ILLIGASCH in Real Estate includes, amongst others, advice on commercial real estate development projects, advice on various hotel projects and advice to high-net-worth individuals on asset planning and structuring, in particular with regard to succession planning (such as the establishment of private foundations and re-structuring within group companies) with a focus on real estate issues.

  • Partners: 4
  • Lawers: 15
  • Languages
  • English
  • German
  • Member
  • IBA
  • Lexwork
  • Austrian Bar Association
  • Austrian Arbitration Association
  • Studienvereinigung Kartellrecht

Above material supplied by Barnert Egermann Illigasch Rechtsanwälte GmbH.

Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda
  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • 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