Category: Austria

  • Cerha Hempel Advises Heldyn on Launch and Financing Round

    Cerha Hempel has advised healthcare platform Heldyn on its launch and its first financing round which included AS2K and C-Quadrat founder Alexander Schuetz.

    According to Cerha Hempel, “Heldyn enables healthcare professionals to freelance and decide for themselves when and how much they want to perform – at a significantly higher hourly wage. Heldyn is launching its service in Vienna and the surrounding area and offers people in need of care the opportunity to receive individual care both at home and outside.”

    “With over 12 years of management experience in the healthcare sector, the founders, who are themselves qualified healthcare and nursing professionals, are aware of the great potential of flexible, reliable intermediation of professional care and therapy services in Austria,” the firm informed.

    Cerha Hempel’s team included Partners Thomas Trettnak and Armin Schwabl, Senior Associate Alina Alavi Kia, and Associates Navid Dersch, Bogdan Capra, and Fabian Kraft.

  • Cerha Hempel and Graf Patsch Taucher Advise on Borealis’ Acquisition of Bierwirth & Kluth

    Cerha Hempel, working alongside Osborne Clarke and Netherlands-based BarentsKrans, has advised the Borealis Hotel Group on its acquisition of the Bierwirth & Kluth group of companies’ hotel portfolio. Hogan Lovells and Graf Patsch Taucher advised B&K.

    According to Cerha Hempel, the acquisition (and acquisition financing) involved “12 hotel businesses in total, with approximately 3,000 rooms in Germany and Austria. In Austria, Borealis acquired the premium brand hotels Renaissance Wien, Courtyard Vienna Prater, and Moxy Vienna Airport.”

    “We’re excited to bring B&K into our group,” commented Borealis Hotel Group CEO and founder Bart van de Kamp. “Together we hope to work towards our vision of bringing our unique hospitality experiences to more customers across the continent, establishing Borealis as a leading hotel group.”

    The Cerha Hempel team consisted of Partner Georg Konrad, Senior Associates Wolfgang Schreiner, Christian Aichinger, and Christopher Peitsch, and Associates Simona Dabeskovic and Isabella Patt.

    The Graf Patsch Taucher team was led by Partner Wolfgang Graf and included Partner Alexander Patsch and Associates Julia Satala and Emre Erol.

    The Germany-based Hogan Lovells team included Partners Matthias Jaletzke, Marc Werner, and Nikolai Sokolov, Senior Associates Alexandra Willm and Tamara Achtermann, and Associates Mike Schmidt and Paul Single.

    The Germany-based Osborne Clarke team was led by Partners Heiko Petzold and Philipp Reeb.

  • E+H Announces New Managing Partners and Management Board

    E+H has announced a new management board, consisting of Partners Peter Winkler, Dieter Thalhammer, Alric Ofenheimer, Marco Steiner, and Jana Eichmeyer, with Thalhammer and Ofenheimer taking over operational management and serving as Managing Partners.

    Specializing in competition and antitrust, Thalhammer is the Head of the Competition and Antitrust Law practice at E+H. He joined the firm in 2005. Between 1999 and 2005, he was a Lawyer at Freshfields Bruckhaus Deringer.

    Ofenheimer is the Head of the firm’s Real Estate practice and Co-Head of the Corporate and M&A practice.

    Winkler specializes in corporate and M&A, restructuring and Insolvency, and banking and finance. At E+H, he is a Co-Head of the Corporate and M&A, Restructuring and Insolvency, and Banking and Finance practice groups, and is the Head of the Capital Markets practice.

    Steiner has expertise in corporate law and M&A, private equity, energy, and real estate law. He joined the firm in 2007. Between 2004 and 2007, he was an Associate at Freshfields Bruckhaus Deringer.

    Eichmeyer is the Head of Employment Law and Dispute Resolution practices at E+H. She joined the firm in 2012. Earlier, she spent over seven years at Kunz Schima Wallentin Rechtsanwalte as Junior Partner between 2005 and 2012.

    “In order to achieve our further, very ambitious goals, it is essential for E+H to adopt a modern management structure,” Winkler commented.

  • E+H Advises Leonardo on Acquisition and Restructuring of Star Inn

    E+H has advised Leonardo Hotels Central Europe on the acquisition and restructuring of a hotel portfolio from the Austrian Star Inn Group. Reportedly, Puschner Spernbauer Rosenauer advised the former shareholders while Jaufer advised the target company.

    Berlin-based Leonardo Hotels Central Europe is a hotel group with 98 properties in Central Europe. According to E+H, “in addition to the eight Star Inn hotels in Vienna, Salzburg, and Linz, a Vienna hotel that will open soon will also be acquired in a parallel transaction. The hotels will all undergo extensive renovations to match the design of Leonardo Hotels and to qualify for a higher hotel category. The Star Inn staff will be taken over completely, so that existing jobs will be retained and hotel operations will not be affected.”

    According to the firm, “the insolvency of the Star Inn Group in Austria, which became known in May 2022, was preceded by the bankruptcy of the hotel chain in Germany in 2021. The insolvency was justified by the Corona pandemic. The reorganization will help the new investor Leonardo Hotels to expand its portfolio and secure a stronger share in the steadily growing hotel market in Austria.

    E+H’s team included Partners Alric Ofenheimer, Marcus Benes, Dieter Thalhammer, Jana Eichmeyer, Karolin Andreewitch-Wallner, and Ulrike Sehrschoen, Attorney-at-Law William Redl, and Associates Helena Neuner, Johannes Helm, and Titus Kahr.

  • RPCK and Schoenherr Advise on Tierglueck’s Sale of Klosterneuburg Store to Fressnapf Handels

    RPCK Rastegar Panchal has advised Tierglueck on the sale of its Zoo & Co store in Klosterneuburg to Fressnapf Handels. Schoenherr advised Fressnapf on the acquisition.

    Fressnapf is a German franchise pet food company. With around 1,500 stores and more than 11,000 employees, it is the largest European pet product retailer according to its company website. 

    According to RPCK, “Tierglueck is entirely owned by Andreas Popper, who as a sole proprietor runs Austria’s oldest pet store, which is also the only one to have been awarded the Austrian national emblem. Following the acquisition, Fressnapf Handels opened the 134th Fressnapf store on July 5, 2022, in Klosterneuburg. The entire workforce at the location was taken over and will continue to serve existing and new customers in the future.”

    RPCK’s team was led by Counsel Edgar Langeder.

    Schoenherr’s team included Partner Roman Perner and Attorney at Law Leon Scheicher.

  • E+H Advises Materna on Radar Cyber ​​Security Acquisition

    E+H has advised Materna Information & Communications on its acquisition of Radar Cyber Security. Dorda and Binder Groesswang reportedly advised the sellers.

    “The platform developed by Radar Cyber Security for setting up security operations centers will be continued by Materna,” E+H informed. “One of the founders of Radar Cyber Security, Christian Polster, will remain on the management board, but moving forward he will carry out this activity jointly with Eugenio Carlon, the previous head of cyber security at Materna.”

    Materna is a German IT consulting company specializing in digitalization projects. Radar Cyber Security is a Vienna-based cyber security provider.

    The E+H team included Partners Johannes Feilmair, Jana Eichmeyer, Laurenz Liedermann, and Jochen Anweiler and Associates Laura Glibusic, Anna Talos, Gabriel Strasser, Christian Cacic, and Theresa Weiss-Dorer.

    Materna’s in-house team was led by Jan Buennemeyer.

  • RPCK and Schoenherr Advise on YodelTalk’s Sale to Sendinblue

    RPCK Rastegar Panchal has advised YodelTalk Limited and its founders on the sale of the company to Sendinblue. Schoenherr and, reportedly, Paul Hastings advised Sendinblue on the acquisition.

    According to RPCK, “YodelTalk Limited, as well as its Austrian and US subsidiaries, were sold to the French Sendinblue SAS in a share deal. Sendinblue is one of Europe’s leading software providers for marketing and sales and offers innovative SaaS solutions for SMEs across all digital channels.”

    According to the firm, “YodelTalk sells intelligent phone systems for customer service through integration with popular SaaS platforms. The acquisition of YodelTalk is an important step for Sendinblue to expand their product portfolio and meet the growing needs of their customers for affordable and easily accessible end-to-end marketing and sales solutions.”

    RPCK’s team included Partner Keyvan Rastegar and Senior Counsel Raphaela Pfeiffer.

    Schoenherr’s team included Counsel Marco Thorbauer and Associates Tobias Hayden and Benedikt Schachner-Groehs.

  • Schoenherr Advises Managers on EUR 750 Million Issuance by Erste Group

    Schoenherr has advised the managers on the EUR 750 million issuance of 2.5% mortgage pfandbriefe due 2030 by the Erste Group Bank. Wolf Theiss reportedly advised Erste.

    The joint lead managers included Credit Agricole Corporate and Investment Bank, Erste Group Bank AG, Landesbank Hessen-Thuringen Girozentrale, Nykredit Bank A/S, and Scotiabank Designated Activity Company, with Belfius Bank SA/NV as co-lead manager.

    According to Schoenherr, “the notes (mortgage pfandbriefehypothekenpfandbriefe) were successfully issued under Austrian law and the new Austrian Covered Bond Act on September 19, 2022, under Erste Group’s covered bonds program and placed with professional clients and eligible counterparties. The notes are rated Aaa by Moody’s, have a term of eight years, and a denomination of EUR 100,000. They are listed at the Official Market of the Vienna Stock Exchange.”

    Earlier this year, Schoenherr and Wolf Theiss advised on two other mortgage bond issuances by Erste, totaling EUR 1.5 billion (as reported by CEE Legal Matters on January 19, 2022).

    Schoenherr’s team included Partner Christoph Moser, Attorney at Law Angelika Fischer, and Paralegal Clemens Stockhammer.

    Editor’s Note: After this article was published, Wolf Theis confirmed it had advised Erste. The firm’s team included Partner Claus Schneider, Counsel Eva Stadler, Senior Associate Nikolaus Dinhof-Renezeder, and Associate Sebastian Prakljacic.

  • Austria All Fired Up: A Buzz Interview with Phillip Dubsky of Herbst Kinsky

    The Austrian market seems very busy, largely in terms of investment rounds and consolidations in the past couple of months, with crypto and blockchain technology companies coming under pressure, according to Herbst Kinsky Partner Phillip Dubsky.

    “Vienna has a strong biotech center and there are many investment rounds and acquisitions there, with financing and licensing deals,” Dubsky begins. “In addition to those, there have been a few big transactions on the Austrian market,” he notes. “Among the most prominent recent transactions was advising Raiffeisen and Uniqa in connection with potential changes to the Strabag shareholder consortium and takeover law issues, as a result of the sanctions regime targeting Oleg Deripaska,” he adds. “Moreover, there were interesting start-up financing rounds, and quite a few of these companies, including GoStudent and Waterdrop, are now developing from start-ups to scale-ups.”

    In terms of private equity, Dubsky notes that the market is still busy, but “it is mainly driven by funds that are domiciled abroad, mostly from US and European investors. There were also a number of investments from the Middle East but, interestingly, they were more strategic investments rather than financing rounds or private equity-related transactions,” he adds. According to Dubsky, the local private equity fund scene is still underdeveloped. “We have Speedinvest and some smaller funds, some of which are backed by taxpayer funds, but that’s about it,” he notes.

    On the M&A side, Dubsky also notes that “more warranty and indemnity insurance companies are trying to be involved in M&A transactions, consequently, there are increased activities in that area.” According to him, “the legal sector seems to be reluctant to apply it, as insurance coverage in some cases is somewhat limited and not as attractive as advertised. Whether it will be successful or not is still to be seen, but there is definitely increasing competition among insurance companies.” In addition, he says that the uncertainties in connection with the Austrian implementation of the FDI regime have adversely impacted the market for purchasers outside of the European Union.

    Dubsky adds that, in Austria, “crypto and blockchain technology are still important, with a number of active blockchain investments and companies. However, since February 24, 2022, when the ‘crypto winter’ set in, the valuations may face downward corrections .” He highlights that “Austria’s Financial Market Authority has been quite open in terms of experimenting and providing sandbox tools for cryptocurrency providers. We’ll see whether the initial push will continue, as some of these companies are currently struggling to survive.”

    Dubsky highlights some forthcoming amendments to tax legislation. “Austria is willing to join the European efforts to tax energy companies on windfall profits, however, given that most Austrian energy companies are state-owned, there is a need to find less disruptive ways of dealing with it,” he points out. “In terms of inflation, the government has introduced caps and subsidies for electricity, and there might be some for gas as well. Finally, the tax code will likely abolish cold progression in terms of salary increases, meaning that the legislation will limit the impact higher taxes have when moving up the tax brackets. The amendment also aims to combat the effects of inflation and is welcomed by everyone,” he concludes.

  • Herbst Kinsky Advises Foex Shareholders on Exit to Oracle

    Herbst Kinsky, working with Burghardt Schumann, has advised Foex’s shareholders on their exit to an Oracle subsidiary.

    Founded in 2012 by Peter Raganitsch and Matt Nolan, Foex is a Lower Austrian software start-up.

    The Oracle Corporation is a US software and hardware manufacturer. The company specializes in the development and marketing of computer hardware and software.

    The Herbst Kinsky team was led by Partner Philipp Kinsky and Attorney-at-Law Carl Walderdorff and included Attorneys-at-Law Magdalena Wagner and Christina Bernhart.

    Herbst Kinsky did not respond to our inquiry on the matter.