Tenancy Law: The one who commissions the agent has to pay – “Bestellerprinzip” in Austria postponed but not repealed

21 October 2019

To the great relief in the real estate industry, the “Bestellerprinzip” for lease agreements did not yet come before the election, but according to the media, it is far from being off the table.

Taking Videos of Police Operations – An interference with the rights of police officers?

17 October 2019

Our Partner Sonja Dürager, specialised amongst others in IT-law, trademark, copyright, data protection, and unfair competition, wrote an article in German: Taking Videos of Police Operations – An interference with the rights of police officers?

The Legal 500 & The In-House Lawyer Comparative Legal Guide for Merger Control in Austria

9 October 2019

This country-specific Q&A provides an overview to merger control laws and regulations that may occur in Austria. It will cover jurisdictional thresholds, the substantive test, process, remedies, penalties, appeals as well as the author’s view on planned future reforms of the merger control regime.

Austrian Supreme Court permits assignment of rescission claims in the event of insolvency

8 October 2019

For the first time the Austrian Supreme Court permitted the assignment of rescission claims and thus opposed the legal opinion of the two lower instances as well as the predominant opinion of the doctrine.

Related Party Transactions – Updates for the Supervisory Board

2 October 2019

Transaktionen, die mit nahestehenden Unternehmen oder Personen abgeschlossen wurden, bedürfen ab einem gewissen Schwellenwert der Zustimmung des Aufsichtsrates und nach Maßgabe eines weiteren Schwellenwertes der Veröffentlichung

Heads up: EBA guidelines on outsourcing enter into force on 30 September 2019

27. September 2019

The Guidelines on Outsourcing (EBA/GL/2019/02) issued by the European Banking Authority (EBA) on 25 February 2019 enter into force on 30 September 2019. In addition to credit institutions – to which the CEBS guidelines on outsourcing previously already applied – investment firms, payment institutions and e-money institutions are also addressed by the guidelines.

Penalties of millions for missing wage documents violate EU law – an ECJ decision

26 September 2019

The ECJ has ruled that high administrative sanctions based on the principle of cumulation can constitute a violation of the freedom to provide services and thus violate EU law.

FMA publishes FAQs on the notification of major shareholdings in listed entities

29. August 2019

The Austrian Financial Market Authority (FMA) today published FAQs regarding the notification of major shareholdings in listed entities providing important clarifications on the administrative practice and legal interpretation of the FMA.

Prohibition of the return of capital contributions – applicable to constellations with private foundations?

27 August 2019

Despite the high number of decisions of the Austrian Supreme Court prohibiting the return of capital contributions, it was not decided until recently whether and under what conditions this concept could also be applied to constellations involving private foundations.

Questions on Ad-hoc announcements and insider obligations – Practice of the German BaFin

22 August 2019

The Market Abuse Regulation (MAR) has established uniform rules throughout Europe for core elements of capital market law such as ad-hoc announcement obligations, insider surveillance and directors’ dealings. Since July 2019, the German Federal Financial Supervisory Authority (BaFin) has been conducting a consultation on an Issuer Guideline. The approaches of the German regulator offer helpful starting points for the Austrian practice.