need2know

The new EU Foreign Subsidies Regulation

11 July 2023

At the end of 2022, EU Regulation 2560/2022 on foreign subsidies distorting the internal market (“Foreign Subsidies Regulation”; “FSR”) was announced. It applies from 12 July 2023 and aims to protect the internal market from distorting foreign subsidies.

The bpv Huegel Sports Practice Group publishes the 2023 Global Practice Guide on Sports Law in Austria powered by Chambers and Partners

04 July 2023

We are pleased that Chambers and Partners has once again relied on the expertise of our sports lawyers this year.

Private enforcement in the area of “greenwashing”? New liability risks for companies!

29 March 2023

Environmental protection and sustainability are the issues of our time. Consumers and companies find themselves in an area of conflict: consumption, prosperity and profit on the one hand, future, health and environment on the other.

Lexology Getting The Deal Through – Market Intelligence: Austrian Chapter by Thomas Lettau and Johannes Mitterecker

10 February 2023

bpv Huegel contributed to the Lexology Getting The Deal Through Guide 2023: The Austria chapter of this year’s guide on “Market Intelligence” is authored by bpv Huegel partner Thomas Lettau and Johannes Mitterecker (attorney at law).

Legal update: Companies will be liable for environmental and social standards in their supply chain

18 January 2023

The German Supply Chain Act has been applicable to companies falling under its scope since January 1, 2023. Similarly, at the EU level, companies will be accountable for complying with obligations to protect human rights and the environment along their supply chain in the near future. After the European Commission published a proposal for a supply chain directive (Corporate Sustainability Due Diligence Directive) on February 23, 2022, the European Council of Ministers defined its negotiating position on the supply chain directive in December 2022 (“Draft CSDD”). On this basis, the final version of the Corporate Sustainability Due Diligence Directive will be negotiated with the European Parliament this year.

The new Austrian Investment Firms Act – a revised set of rules of the European legislator on the supervision of investment firms

11 January 2023

The new supervisory framework, which will come into force on 1 February 2023, takes better account of the specific risks and business models of investment firms than before. Therefore, smaller (non-systemically relevant) investment firms will be subject to simpler and more risk-sensitive supervisory rules and no longer have to comply with the complex requirements that apply to banks.

Soon innovations in the Austrian Condominium Act

14 October 2021

The Condominium Act Amendment 2022: (Not only) selective changes as a contribution to climate protection

Legal Update: The overall reform of the execution law – GREx

01 July 2021

The overall reform of the execution law (GREx) came into force on 01.07.2021. It provides for a number of changes, in particular with regard to the execution options relating to movable assets. The amendment will be applicable to execution applications received by the court after 30.06.2021.

Austrian Supreme Court confirms the admissibility of an up-stream merger of over-indebted subsidiaries

12 March 2021

In its decision dated 25.11.2020, 6 Ob 203/20a, the Austrian Supreme Court confirmed the admissibility of an up-stream merger of two over-indebted subsidiaries into their parent company. A positive market value of the assets of the transferring subsidiaries is not required if, to put it briefly, the acquiring parent company can afford it. The decision creates legal clarity for mergers of over-indebted subsidiaries. This is particularly important in the current difficult economic times caused by the Corona-crisis.

Platform do’s and don’ts: EU’s Digital Markets Act signals a sea change in digital regulation

26 February 2021

The European Commission has laid out a proposal for a landmark set of ex ante rules governing large digital platforms. The law will be the subject of protracted discussions that determine its final form. But as drafted, the Digital Markets Act (“DMA”) proposes to dramatically reshape the legal landscape for tech companies with a new framework that seeks to complement traditional antitrust enforcement with a list of “do’s and don’ts” regarding how large online platforms like search engines, online marketplaces, and social media networks are to treat their business partners, competitors, and users.

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