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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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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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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

Urban development contracts in Vienna

Introduced into the Vienna Building Code by its 2014 Amendment (Bauordnungsnovelle 2014), the instrument referred to as urban development contract (städtebaulicher Vertrag) provides for the right of ...

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  • Urban development contracts in Vienna

General Data Protection Regulation (‘GDPR’) – new rights and obligations for all actors

As from 25 May 2018, the GDPR will apply directly and replace current data protection legislation, viz. Directive 95/46/EC and the Austrian Data Protection Act of 2000 (Datenschutzgesetz 2000, DSG 20...

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  • General Data Protection Regulation (‘GDPR’) – new rights and obligations for all actors

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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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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Commercial agents law: Indemnity upon disposal of a company

Concept of commercial agentThe Austrian Commercial Agents Act (Handelsvertretergesetz, HVertrG) regulates the contractual relations between principals and self-employed commercial agents.Commercial ag...

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