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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...
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
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
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
New rules for anti-trust proceedings
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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- New rules for anti-trust proceedings
Brexit puts an end to “Austrian” limited companies
The United Kingdom’s exit from the EU is scheduled to take effect as of 29 March 2019. While the political negotiations on ending the old and shaping the new relationships are under way, the outcome...
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- Brexit puts an end to “Austrian” limited companies
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
Market abuse rules are being expanded and tightened significantly
3 July 2016 sees the entry into force of the most radical legal changes the Austrian (and European) capital markets have been subjected to in years. The Market Abuse Regulation now provides for a unif...
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- Market abuse rules are being expanded and tightened significantly
New transaction-value-based test entails uncertainties for merger control
As of 1 November 2017, Austrian merger control will require the passing of a new test, based on the transaction value, in addition to complying with the – unchanged – turnover thresholds already e...
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- New transaction-value-based test entails uncertainties for merger control
Cartel Act amendment will strengthen private enforcement
The main purpose of the 2017 Act Amending Antitrust and Competition Law (Kartell- und Wettbewerbsrechtsänderungsgesetz 2017) is to transpose the EU Damages Directive, and it is also intended to provi...
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- Cartel Act amendment will strengthen private enforcement
Brexit – new legal challenges for Austrian entrepreneurs
On 23 June 2016, the British people voted in favour of Great Britain leaving the European Union. This decision, which came as a surprise to many in spite of opinion poll results, is going to entail fa...
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- Brexit – new legal challenges for Austrian entrepreneurs
2017 Trade Regulation Act Amendment: Some ad-vantages for tradespeople.
On 29 June 2017, the Austrian National Council enacted an amendment to the Trade Regulation Act (Gewerbeordnung, GewO). The new features adopted fall into three categories; they will enter into force ...
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- 2017 Trade Regulation Act Amendment: Some ad-vantages for tradespeople.
The PRIIP REGULATION
Standardised key information documents for packaged retail and insurance-based investment productsAs early as in 2014, the Council and the European Parliament agreed on the Regulation on key informati...
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- The PRIIP REGULATION
Limited party status of neighbours in the notification procedure under trade regulation law
In its ruling of 12 September 2016, Ro 2015/04/0018, the Austrian Administrative Court (VwGH) held that – in deviation from its prior rulings – neighbours shall have limited party status in a noti...
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- Limited party status of neighbours in the notification procedure under trade regulation law
“Hard” or “soft” accounts warranty and its consequences for the liability of the seller of a company
When agreements for the purchase and sale of a company – so-called “share purchase agreements” (SPAs) – are being negotiated, the assurances as to specific qualities of the sold company given ...
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- “Hard” or “soft” accounts warranty and its consequences for the liability of the seller of a company