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April Fool’s jokes may be unfair competition
Every year, April 1 comes around and many people get carried away with an April Fool's joke, not only in their private lives. In business dealings, however, this may have unexpected and unintended con...
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- April Fool’s jokes may be unfair competition
The danger of an April fool's trick under employment law
An April fool's trick at the workplace can lead to serious consequences for employees if the incident endangers the employer's operational interests. The Supreme Court (OGH) has already dealt with a c...
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- The danger of an April fool's trick under employment law
Rudolf Pekar and Josef Peer in trend magazine: Local energy communities - cornerstones of the energy transition?
After more than two-and-a-half years, the long-awaited government bill for the Renewable Energy Expansion legislation package was finally presented to parliament in mid-March 2021. As well as realigni...
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- Rudolf Pekar and Josef Peer in trend magazine: Local energy communities - cornerstones of the energy transition?
Austrian Supreme Court puts a stop to delaying tactics in arbitration proceedings
In order to resolve their legal disputes parties not only can resort to state courts. They also have the option of referring the legal dispute to an arbitral tribunal on the basis of an arbitration ag...
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- Austrian Supreme Court puts a stop to delaying tactics in arbitration proceedings
The New Normal: M&A & ESG
The consideration of ESG (Environment, Social and Governance) dimensions in the preparation and execution of business transactions is already a key factor for many companies. Entrepreneurs who suffici...
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- The New Normal: M&A & ESG
Q&As on the EU Sustainable Finance Disclosure Regulation published
The EU Regulation on sustainability-related disclosure requirements in the financial services sector has been applicable since March 2021. Some ambiguities in the interpretation of this regulation, es...
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- Q&As on the EU Sustainable Finance Disclosure Regulation published
Legal500 In-House Lawyer Magazine: Restructuring and insolvency in Austria: UPDATE
What measures have been created to mitigate the impact of the Covid-19-pandemic on the Austrian economy?fwp partner Markus Fellner, fwp attorney at law Elisabeth Fischer-Schwarz and fwp associate Jos...
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- Legal500 In-House Lawyer Magazine: Restructuring and insolvency in Austria: UPDATE
New warranty law – an overview
This summer, the National Council resolved upon far-reaching warranty law reforms by adopting the Warranty Directive Implementation Act (Gewährleistungsricht-linien-Umsetzungsgesetz, GRUG). The new w...
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- New warranty law – an overview
ZVB: The qualification of non-profit building associations as public contracting authorities according to BVergG 2018
In Austria, non-profit building associations are subject to their own very detailed regulations. It is repeatedly argued that they are contracting authorities subject to public procurement law. Is thi...
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- ZVB: The qualification of non-profit building associations as public contracting authorities according to BVergG 2018
Need for reform at the Takeover Commission
In its judgment of 9 September 2021 in case C-546/18 (Adler Real Estate and others), the European Court of Justice found the proceedings before the Austrian Takeover Commission to be affected by a rul...
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- Need for reform at the Takeover Commission
Amendment to the Copyright Act 2021 - Why copyright concerns us all
The Amendment to the Copyright Act 2021, which was recently submitted for review, shall (somewhat delayed) transposition the Directive (EU) 2019/790 on copyright and related rights in the Digital Sing...
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- Amendment to the Copyright Act 2021 - Why copyright concerns us all
4 differences between working from home and remote working
Currently, working from home no longer concerns only individual groups of employees but has, in many fields, become part of our everyday professional lives. Recent studies confirm that being able to w...
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- 4 differences between working from home and remote working
Organisational requirements under procurement law
The 2018 Federal Procurement Act (Bundesvergabegesetz 2018, BVergG 2018) entered into force on 21 August 2018. In the new Act, also the grounds for the exclusion of bidders were partly recast. As a g...
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- Organisational requirements under procurement law
In any case, commercial operators of student residences are now subject to the regulations of the Student Residence Act
Over the past years, the sector of student residence operators has increased significantly. In Vienna, companies such as ‘The Fizz‘, ‘The Student Hotel‘ or ‘Greystar‘ have already or will ...
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- In any case, commercial operators of student residences are now subject to the regulations of the Student Residence Act
The construction cartel approaches
What construction companies involved must pay attention to with regard to public procurement Based on the number of companies involved, the Austrian Federal Competition Authority (Bundeswettbewerbsb...
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- The construction cartel approaches
Cooperation contracts not subject to public procurement law – new leeway for direct public-public cooperation
Against the backdrop of tight budgets, cooperation with others in the same situation is an important topic for many of Austria’s municipalities, specifically when it comes to waste and sewage dispos...
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- Cooperation contracts not subject to public procurement law – new leeway for direct public-public cooperation
Mandatory electronic delivery for enterprises
In the age of digitisation, communication by electronic means should be driven forward also in the relationship between enterprises and public authorities (administrative authorities and courts). Whil...
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- Mandatory electronic delivery for enterprises
ECJ denies applicability of the Croatian Invalidity Law
The European Court of Justice (ECJ) was requested by a Croatian court to examine the compatibility of the Croatian Law on the invalidity of credit agreements featuring international elements (“Inval...
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- ECJ denies applicability of the Croatian Invalidity Law
The double-sided restructuring trust – a viable structure for restructuring financing
In a scenaro where the financing parties collateral package already comprises pledges on shares or other assets (such as real estate or IP rights) of the debtor company, enforcement at a time when the...
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- The double-sided restructuring trust – a viable structure for restructuring financing
Ban on smoking in bars and restaurants
On 1 November 2019, a , general ban on smoking in pubs, bars, restaurants and other catering establishments entered into force. The ban applies in all rooms used for the production, processing, servic...
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- Ban on smoking in bars and restaurants