Search result

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...

Home
News
Blog
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...

Home
News
Blog
Mandatory electronic delivery for enterprises

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...

Home
News
Blog
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...

Home
News
Blog
Ban on smoking in bars and restaurants

Why the Siemens – Alstom rail merger was prohibited by law

A European Commission decision of 6 February 2019 caused a big political stir. The European Commission based its prohibition of Siemens’ proposed takeover of Alstom’s rolling stock sector on the E...

Home
News
Blog
Why the Siemens – Alstom rail merger was prohibited by law

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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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 ...

Home
News
Blog
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...

Home
News
Blog
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 ...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

Home
News
Blog
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...

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

Keyword search

Find your lawyers