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.

Limited liability company as holding company: Austrian Supreme Court on the limits of the shareholder’s information claim regarding participations

18 January 2021

When drafting participation, syndicate or investment agreements, the information and inspection rights for shareholders must be regulated carefully.

More relevant than ever again from tomorrow: Theses of the judgement to the rent reduction because of COVID-19 for commercial real estate

16 November 2020

As a result of the initial restrictions, including officially decreed business closures from March this year, the question arose for a large number of tenants and landlords as to whether tenants who were no longer able to carry out their business operations due to the lockdown were still obliged to pay rent.

The new Austrian Investment Control Act

14 August 2020

Direct investments from third countries are increasingly viewed critically. Politicallythe “sell-out” of technology is feared. On 25 July 2020, the Federal Act on the Control of Foreign Direct Investments (“Investment Control Act – ICA”) came into force.

ECJ ruling on data transfer to the USA

20 July 2020

As is well known, data may only be transferred to the USA if the requirements of Chapter V of the GDPR are fulfilled, thus essentially ensuring that the data enjoy the same fundamental protection afforded at European level.

Guide on Remuneration Policy – Say-on-Pay on Executive Remuneration in Austria

28 May 2020

Say-on-pay put a spotlight on executive remuneration of listed companies. The Guide shall support the members of the supervisory board and the members of a remuneration committee to comply with their duties imposed upon them.

COVID-19 Legal Update: Court proceedings via video conference

25 May 2020

According to the previous “Corona legal situation”, oral hearings were only to be held if, after careful consideration of all circumstances, the continuation of the proceedings appeared to be urgently necessary and the public interest in preventing the dissemination of COVID-19 did not prevail. Furthermore, restrictions apply to the operation of the court. In order to avoid a backlog of negotiations, the possibility of holding hearings via video conference has now been established: