December 2025 – The Austrian
ministry responsible for Foreign Direct Investment (FDI) matters,
the Federal Ministry for Economy, Energy, and Tourism
(“the Ministry”), recently released
guidance on the assessment of the filing obligation for foreign
direct investments in Austria. In particular, it provided
clarification on the scope of critical infrastructure and offered
information regarding the acquisition of key assets, controlling
influence, as well as the micro-enterprise exemption.
In general, Austrian FDI rules apply to foreign direct
investments into Austria by non-EU, non-EEA, and non-Swiss persons
or undertakings. The Austrian FDI regime applies when such persons
or entities acquire an Austrian undertaking, obtain 10%, 25%, or
50% of voting rights (e.g., share deals), gain controlling
influence, or acquire control over essential assets (e.g., asset
deals). Further, the Austrian target must operate in a
security-relevant sector for the FDI regime to apply.
