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Compliance systems regarding public procurement law

IntroductionThe announced 2018 Federal Procurement Act will bring about numerous significant changes relevant to both contracting authorities and bidders. The revision of the existing law will focus o...

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Compliance systems regarding public procurement law

Viennese Building Code

New Building Regulations have been in force in Vienna since this year. They are aimed at making housing more ‘affordable’. As a consequence, the market for affordable living quarters will grow. S...

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Viennese Building Code

Geoblocking

Online shopping and the use of streaming services are getting more and more popular all over the world. In spite of the virtual, no-limits character of the Internet, e-commerce and online streaming ar...

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Geoblocking

Constitutional Court confirms constitutionality of FMA imposing high fines

Capital market participants had high hopes that two petitions for judicial review filed by the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) with the Austrian Constitutional C...

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Constitutional Court confirms constitutionality of FMA imposing high fines

Landmark Supreme Court judgment complicates neighbourhood surcharge

By setting out new rules for the neighbourhood surcharge, the Supreme Court (Oberster Gerichtshof, OGH) changes, especially for Vienna, one of the key princi-ples for the calculation of rent payable f...

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Landmark Supreme Court judgment complicates neighbourhood surcharge

Capital Maintenance Rules in Austria – Investors Beware

Whereas in other European countries such as Germany less strict rules apply, Austrian capital maintenance law is characterized by very strict capital retention rules. The severity of these rules carri...

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Capital Maintenance Rules in Austria – Investors Beware

The Second Protection of Adults Act: A revision of the representation system for adults

With the Second Protection of Adults Act (2. Erwachsenenschutz-Gesetz – 2. Erw- SchG) entering into force on 1 July 2018, the representation system for adults will have been re-vised based on a so-c...

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The Second Protection of Adults Act: A revision of the representation system for adults

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

The Austrian Location Development Act (StEntG) – faster proceedings and some uncertainties

As from 1 March 2019, contracting entities have to meet the following new reporting and publication obligations introduced under the 2018 Federal Procurement Act (Bundesvergabegesetz 2018 (“BVergG ...

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The Austrian Location Development Act (StEntG) – faster proceedings and some uncertainties

The Austrian Location Development Act (StEntG)

1 January 2019 saw the entry into force of the Austrian Federal Act on the Development and Further Development of the Position of Austria as a Business Location (the so-called Location Development Act...

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The Austrian Location Development Act (StEntG)

Next step towards EU capital markets union brings changes concerning capital markets prospectuses and shareholders

To build the capital markets union, business is stimulated by making capital markets-based funding easier for small and medium-sized enterprises (SMEs). At the same time, the position of investors is ...

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Next step towards EU capital markets union brings changes concerning capital markets prospectuses and shareholders

Social insurance: No double burden on intra-group managing directors of limited liability companies

Hiring out personnel of a group company (the leasing company) to other group companies (hirer companies) is usual practice in groups of companies. In the past, this practice also included managing dir...

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Social insurance: No double burden on intra-group managing directors of limited liability companies

Guidance for transaction value thresholds concerning the filing requirement for proposed mergers

The 2017 Act Amending Antitrust and Competition Law (Kartell- und Wettbewerbsrechtsänderungsgesetz 2017) introduced new regulations concerning the threshold values applying in the field of merger con...

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Guidance for transaction value thresholds concerning the filing requirement for proposed mergers

ATM fees to be borne by the clients

When Euronet entered the Austrian market as an operator of ATMs and charged fees for cash withdrawals, consumer protection associations tried, by suing Austrian banks, to pass the payment of such fees...

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ATM fees to be borne by the clients

Procurement law compliance – take two: Increased “self-cleansing” requirements

Contracting authorities are faced with new procurement law compliance requirements under the recently adopted 2018 Federal Procurement Act (Bundesvergabegesetz 2018, BVergG 2018). For instance, the au...

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Procurement law compliance – take two: Increased “self-cleansing” requirements

On the necessity of compliance systems regarding public procurement law pursuant to the Federal Procurement Act of 2018 (Bundesvergabegesetz 2018 or ‘BVergG 2018’)

The announced 2018 Federal Procurement Act will bring about numerous significant changes relevant to both contracting authorities and bidders. The revision of the existing law will focus on dealing wi...

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On the necessity of compliance systems regarding public procurement law pursuant to the Federal Procurement Act of 2018 (Bundesvergabegesetz 2018 o...

Key changes brought about by the Securities Supervision Act 2018

On the national level, the new EU Financial Markets Directive (MiFID II, [Directive 2014/65/EU]) has been implemented in the Securities Supervisions Act 2018 (Wertpapieraufsichtsgesetz, WAG 2018), amo...

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Key changes brought about by the Securities Supervision Act 2018

Austrian Supreme Court confirms admissibility of crowdfunding based on qualified subordinated loans

Austrian Supreme Court confirms admissibility of crowdfunding based on qualified subordinated loansIn its recent decision on crowdfunding¹, the Austrian Supreme Court classified qualified subordinate...

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Austrian Supreme Court confirms admissibility of crowdfunding based on qualified subordinated loans

Constitutional Court upholds legal ban of the “best price” clause

The dispute between the European Commission and Intel regarding the EUR 1.06 billion fine – at the time a record-breaking amount imposed on any single company – has been going on since 2009 and is...

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Constitutional Court upholds legal ban of the “best price” clause

ECJ introduces a new clear line as to merger control for joint ventures

In a preliminary ruling procedure instigated by the Federal Cartel Prosecutor, the ECJ (European Court of Justice) has now drawn a clear line regarding reviews of joint ventures under merger control l...

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ECJ introduces a new clear line as to merger control for joint ventures

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