Category: Austria

  • BPV Huegel Advises Weilburg Family Office on Launching Private Equity Module

    BPV Huegel has advised investment manager Weilburg Family Office on its launch of a private equity module.

    According to the firm, “the private equity module is managed by Weilburg Private Equity Partners as a new management company registered as an alternative investment fund manager. Every year, a private equity fund of funds … is launched for subscription by investors. With certain investment volumes, investors may also use the special fund of funds individually tailoring an investment in the asset class.”

    “The private equity module focuses on private clients, foundations, institutional investors, and other family offices with a targeted investment volume in the private equity asset class starting at EUR 3 million,” the firm informed. “In addition, buyout funds and leading growth and venture strategies will also be included. Geographically, the focus is on the private equity markets in North America and Europe and includes only funds with a focus on OECD countries.”

    The Weilburg Family Office provides asset management and support for private individuals, families, and foundations. Their services range from advice and planning to portfolio management and administration.

    The BPV Huegel team was led by Co-Managing Partner Christoph Nauer and Attorney-at-Law Johannes Mitterecker.

  • Austria Staying the Course: A Buzz Interview with Herbert Hildenbrandt of BMA Law & Tax

    A strong flow of legislative updates, a number of active business sectors, and the upcoming presidential election in the fall – this is what’s in the cards for Austria, according to BMA Law & Tax Attorney at Law Herbert Hildenbrandt.

    “We have a presidential election coming up in October,” Hildenbrandt begins. “It is expected that the incumbent president will retain his position, given the fact that he’s managed a turbulent period in the past years, including many inaugurations.” This projected period of stability suits Austria well, as Hildenbrandt points out that the country implemented a number of EU directives into national law, that came into force recently. “One of these is the consumer protection act, changing the rules for product warranties in favor of the consumer,” he explains. 

    Hildenbrandt also reports that the tax system is set to be updated. “The corporate income tax is coming down from its current rate of 25% – to 24% in 2023 and 23% in 2024,” he says. “Also, the personal income tax is decreasing: for annual income between EUR 18,000 and EUR 31,000, the income tax rate is reduced from 35% to 30% in 2022; and for annual incomes between EUR 31,000 and EUR 60,000, the income tax rate is reduced from 42% to 41% in 2023, and then to 40% in 2024,” he explains.

    “On the other hand, Austria has introduced a crypto asset tax recently, starting from 27.5% on all crypto asset-related profits, like the general capital gains tax in the same amount,” Hildenbrandt reports. There are also talks, he says, of “introducing a basic energy consumption subsidy, keeping prices lower for the average household, and encouraging consumers to use less energy. But it’s still early days, and we don’t even know what that average household looks like yet.”

    As for other legislative updates, Hildenbrandt reports that the Condominium Act of Austria is set to be updated, to cater to the current realities of “energy consumption, insulation, photovoltaic, and solar thermal systems. The changes should make it easier for residents to engage contractors to install such alternative energy systems in buildings,” he explains. Moreover, the Telecommunications Act has also had a makeover, “following EU Directive 2018/1972. Detailed regulations were put in place related to network expansion and use, with the aim of protecting market competition. Additionally, higher penalties for cold calling and unwanted emails were introduced,” he outlines.

    Turning to the most active business sectors in Austria, Hildenbrandt reports that the service sector, the steel industry, as well as the energy sector are “going strong. However, with the country still dependent on Russian gas, we will have to see what the winter brings,” he says. To offset these unclear areas, he reports that the “tourism sector is performing quite well, with a lot of employers seeking workers.” Furthermore, the automotive sector in Austria is “quite active,” he reports, with “BMW seeking to invest EUR 1 billion to transform its production capacities in Steyr focusing on electric mobility. Still, with the levels of entanglement of production outputs with chip shortages and the Russian market, it is unclear in which direction the sector will go,” he says. 

    Finally, Hildenbrandt reports that the startup sector in Austria is “more than vibrant. Just recently, we have had a second unicorn emerge in the form of GoStudent. Bloomberg estimated its value in January to be EUR 3 billion,” he says. “Education will always be important, and homeschooling during the pandemic led to at least this one positive development.”

  • E+H Advises IFM GIF on Increasing Stake in Vienna Airport

    E+H has advised IFM Global Infrastructure Fund’s indirect subsidiary Airports Group Europe on a partial voluntary public offer to increase its stake in Flughafen Wien Aktiengesellschaft to over 40%.

    The transaction remains contingent on regulatory approval.

    According to E+H, “Airports Group Europe [has launched] a partial voluntary public offer pursuant to the Austrian Takeover Act that is aimed at the remaining free float shareholders, approximately 10% of all shares, in Flughafen Wien Aktiengesellschaft.”

    The IFM Global Infrastructure Fund is managed by IFM Investors, a global funds manager owned by a group of Australian pension funds. IFM Investors invests on behalf of more than 600 institutional investors, incorporating the retirement savings of 120 million working people globally.

    The E+H team included Partners Philipp Karaman, Judith Feldner, and Ulrike Sehrschoen, Attorney-at-Law Felix Frommelt, and Associates Laura Glibusic, Alexander Reiter, and Vincenz Stockert.

    E+H did not respond to our inquiry on the matter.

  • E+H and BKP Advise on Zeta and Buehler Joint Venture

    E+H has advised Zeta Holding on establishing the Eridia joint venture with Buehler. Brauneis Klauser Praendl advised Buehler on the deal.

    Zeta Holding is an Austrian company for process engineering in the pharmaceutical and biotechnology sectors. Buehler is a Swiss technology group.

    According to E+H, “Eridia develops biotechnological facilities for the food and feed industry, with a particular focus on precision fermentation and cellular agriculture. These plants use microorganisms and cell cultures to produce food and feed products such as high-quality proteins, omega-3 oils, or animal cells, which can subsequently replace meat or fish products.”

    The E+H team was led by Partner Philipp Schrader and included Partners Judith Feldner and Helmut Liebel, Attorney Stefan Jeitler, and Associates Alexander Reiter, Anna Talos, and Daniela Birnbauer.

    The BKP team included Partners Gerald Otto, Felix Praendl, and Arno Brauneis, Attorney Samy Ali, and External Counsel Philippe Kiehl.

  • Katja Tautscher Joins OMV as General Counsel

    Former Borealis Chief Legal and Compliance Officer Katja Tautscher has joined OMV AG as Senior Vice President / General Counsel in Vienna.

    She takes over from Julia Friebel who served as Chief Counsel of OMV Exploration & Production Gmbh between 2002 and 2010 and has served as OMV AG’s General Counsel since 2011.

    Prior to her move, Tautscher served as the Senior Vice President Legal and Compliance as well as Human Resources at Borealis since April 2021 (as reported by CEE In-House Matters on April 9, 2021). She first joined Borealis in 2008 as its General Counsel. In April 2014, she was appointed to the role of Chief Legal and Procurement Officer and was also appointed to Member of the Executive Committee of Borealis AG in 2020. Prior to Borealis she was worked as European Legal Counsel at Scientific Games between 2007 and 2008.

    Before moving in-house, Tautscher was a Partner with Wolf Theis, a firm she had worked for between 2000 and 2006.

    “I‘m humbled to step into the big shoes Julia Friebel left and excited to be part of OMV‘s further growth,” Tautsher commented. “We will continue making a difference in people‘s lives through re-inventing essentials for sustainable living.”

    An interview for CEE Legal Matters’s Inside Insight series with Tautscher can be read here

    Originally reported by CEE In-House Matters.

  • E+H and SCWP Schindhelm Advise on KanAm Grund Group’s Acquisition of Cross Dock Upper Austria Logistics Property

    E+H has advised German real estate investor KanAm Grund Group on the purchase of the last-mile logistics hall Cross Dock Upper Austria in Enns near Linz from the Meir Immobilien Group. SCWP Schindhelm advised the sellers on the deal.

    KanAm Grund Group is part of the KanAm Group, focused on closed-end funds. The Meir Immobilien Group is an Austrian real estate company.

    According to E+H, “the long-term tenant of the almost 13,000 square meters logistics hall is Oesterreichische Post AG. The acquisition of the property is KanAm’s first purchase in Austria. The seller of the facility, which is connected to the A1 freeway, the Danube, and the rail network, is the Austrian Meir Immobilien Group. Cross Dock Upper Austria will thus become part of Leading Cities Invest, an open-ended real estate fund whose logistics portfolio previously consisted of seven properties in central and northern Germany.”

    E+H’s team included Partners Alric Ofenheimer, Christopher Engel, Dieter Thalhammer, and Ulrike Sehrschoen and Associates Pascal Haring and Titus Kahr.

    SCWP Schindhelm’s team included Partners Christoph Luegmair and Maria Praher, Senior Associate Anna Rechberger, and Junior Associate Florian Greinoecker.

  • Herbst Kinsky Advises Helu.io on USD 10 Million Series A

    Herbst Kinsky has advised Helu.io on its USD 10 million Series A financing round led by CommerzVentures, with the participation of Iris Capital and early-stage investor Speedinvest.

    According to Herbst Kinsky, “Helu digitizes tax consulting and thus optimizes the cooperation of tax advisors and their clients through budgeting and reporting tools.”

    Herbst Kinsky’s team included Attorneys Carl Walderdorff and Magdalena Wagner and Associate Irmgard Nemec. 

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

    Editor’s Note: After this article was published, Schoenherr informed CEE Legal Matters that it had advised CommerzVentures on the investment. The firm’s team included Partner Thomas Kulnigg, Attorney at Law Karin Pusch, and Associates Maximilian Czernin, Clemens Pretscher, Sebastian Mueller, and Alexander Pabst.

  • Austria: No More Mandatory Quarantine. What Should Employers Know?

    New Covid regulations are in effect from 1 August 2022, raising many questions for employers. The biggest changes are that quarantine for SARS-COV-2 infected persons is no longer mandatory according to Austrian law and the reinstatement of the risk group exemption (“Risikogruppenfreistellung“).

    Since 1 August 2022, infected persons no longer have to isolate. Instead, only certain traffic restrictions (“Verkehrsbeschränkungen“) apply to them. Outside the private living area (and thus also at the workplace), they are obliged to wear an FFP2 mask at all times if there is a risk of infection for other persons. For certain facilities, a ban on entering (“Betretungsverbot“) is established for everyone except employees of these facilities.

    What employment law issues arise for employers? Must or may infected employees come to work or are they automatically on sick leave?

    1. In principle, the general rules for sick leave apply in connection with SARS-COV-2 infections. Therefore, a detected SARS-COV-2 infection does not per se release employees from their work duties. However, depending on the occurrence of symptoms, infected employees may request sick leave (doctors may issue sick notes by phone).

      Regardless of whether an employee is on sick leave or not: If individual employees are unable to wear an FFP2 mask continuously for health reasons or if wearing an FFP2 mask makes work impossible and no other suitable protective measures can be implemented, such employees are prohibited from entering the workplace (for continued payment of wages in such cases, see point 3).

    2. What safety measures must employers take to protect other employees and customers in the event of a confirmed SARS-COV-2 infection of employees?

      Infected employees are obliged to wear FFP2 masks at all times in the workplace if contact with other persons cannot be excluded. According to the Explanatory Notes, the mask may not be removed even for eating and drinking. If physical contact with other persons can be excluded, certain alternative protective measures can be taken (e.g. regular airing of rooms).

      Employers must ensure their employees comply with the applicable protective measures. Depending on the specific circumstances, they may also be obliged to take further protective measures or to allow non-infected employees who belong to a risk group to render their services from home. If this is not possible, employees may in individual cases be entitled to paid leave from work.

      Moreover, employers are obliged to inform both customers and employees of an infection of present employees in order to enable them to assess the risk of infection.

    3. Are employers entitled to compensation for the remuneration paid to employees during their sick leave caused by a SARS-COV-2 infection?

      The former claim for compensation for the remuneration paid to employees during their sick leave due to a SARS-COV-2 infection has been widely abolished, as quarantine is no longer mandatory in such cases. If employees are on sick leave due to a SARS-COV-2 infection, the employer is obliged to continue paying their remuneration, without entitlement to compensation.

      However, in exceptional cases, a claim for compensation for the remuneration paid to employees during their sick leave due to SARS-COV-2 may arise if the employee is not allowed to enter the workplace. For instance, this is the case if wearing an FFP2 mask all the time is not possible for medical reasons and no other suitable organisational or spatial protective measures can be implemented.

    4. What measures can employers adopt if infected employees refuse to comply with the mandatory protective measures?

      In principle, employers can (and must) instruct infected employees to wear FFP2 masks at all times while present in the workplace or to leave the workplace if they refuse to do so. Alternatively, infected employees may be offered the opportunity to render their services from home; however, there is no unilateral authority for the employer to impose work from home.

      In individual cases, repeated refusal to follow instructions may also justify a dismissal.

    By Stefan Kuhteubl, Partner, Schoenherr

  • FDI Screening in Austria

    FDI screening was for a long time a blank spot on the regulatory landscape for most countries in Central Eastern Europe (CEE). Unlike Western European Member States, relatively few countries in Central Eastern Europe had instruments to vet foreign investments and those that did exist often were of little practical consequence.

    Legal basis

    Investment Control Act (“ICA”), OJ, I No 87/2020, 24 July 2020. EU FDI Screening Regulation (Regulation (EU) 2019/452),

    OJ L 79I, 21 March 2019.

    The ICA has entered into force in July 2020.

    The cooperation mechanism set out in the ICA is applicable since 11 October 2020 (Austrian Parliament adopts new FDI screening act).

    Filing requirement

    The notification obligation is triggered if a foreign investor,

    i.e. non-EU, non-EEA, non-Swiss individual/entity, intends to carry out an investment (directly/indirectly) in an Austrian undertaking. This includes:

    • the acquisition of shares reaching/ exceeding 10 %*), 25 % and 50 % (voting rights);
    • the acquisition of control;
    • the acquisition of essential/all assets of an undertaking (asset deals);
    • the undertaking is active in a sector listed in an Annex to the ICA; and
    • the undertaking is Austrian, i.e. has its seat or its central administration in Austria (local nexus).

    No approval is required for an investment in an undertaking with i) fewer than 10 employees and ii) an annual turnover or balance sheet total of less than EUR 2m (start-up exception).

    • The 10 % threshold applies for investments in particular highly-sensitive sectors (see below). For investments in other sensitive sectors the triggering threshold is at 25 % and 50 % (voting rights).

    Relevant sectors

    The ICA applies to an investment in an undertaking which is active in a sector listed in the Annex. Part I of the Annex lists the following particularly sensitive areas for which the 10 % threshold applies. The list is exhaustive:

    • defence equipment/defence technology;
    • critical energy infrastructure;
    • critical digital infrastructure (in particular 5G infrastructure);
    • water;
    • systems that enable data sovereignty of the Republic of Austria; and
    • research and development in the fields of pharmaceuticals, vaccines, medical devices and personal protective equipment (until 31 December 2022).

    Part II of the Annex lists other areas which are critical for public security and/or order and for which the 25 % threshold applies. Besides the above-mentioned, these include investments in the following non-exhaustive areas:

    • critical infrastructure such as the energy, information technology, transport, health, food, and telecommunications sectors, etc.;
    • critical technologies and dual-use items as defined

    in Regulation (EC) No 428/2009, in particular artificial intelligence, robotics, cyber security, quantum and nuclear technology, nano and biotechnology, etc.;

    • supply of critical resources, including energy or raw materials, as well as food security, medicines, vaccines, medical devices and personal protective equipment, etc.;
    • access to sensitive information, including personal data, or the ability to control such information; and
    • the freedom and pluralism of the

    Note: The sectoral scope criteria are given a wide reach in practice. For instance, undertakings active in one of the above-mentioned sub-infrastructure areas (e.g. in telecom) are presumed by law to be critical infrastructure. 

    Process and timetable

    Competent authority: Federal Ministry for Digital and Economic Affairs

    Mandatory filing requirement: Yes

    Filing deadline: A relevant agreement needs to be reported immediately after the signing of the contract / announcement of the intention of a public offer.

    Responsibility for filing: While the notification obligation rests primarily with the foreign investor and its management (i.e. the acquirer), the ICA foresees a subsidiary reporting obligation for the target company. In addition, the relevant Authority can assume jurisdiction ex officio if it becomes aware of a transaction subject to approval that has not been notified.

    Sanctions: Implementation ahead of local regulatory clearance is subject to criminal sanctions and/or administrative fines.

    Length of the proceedings:

    Phase 1: One month after a 35-day period (extendable) within which the EU Commission and/or Member States can comment on the transaction (under the EU FDI Screening Regulation).

    Phase 2: Two months.

    By Volker Weiss, Office Managing Partner, Schoenherr

  • Brandl Talos Helps Kiprion on Virtual Currency Service Provider Registration in Austria

    Brandl Talos has advised Kiprion on registering as a virtual currency service provider before the Austrian Financial Market Authority.

    According to Brandl Talos, “Kiprion is a cryptocurrency custody service for institutional and commercial investors. The company has one of the most reliable and secure cryptographic security technologies for professionals. With the successful registration, the company is now able to store a significant portion of the popular payment as well as utility tokens in the sense of the [Financial Markets Anti-Money Laundering Act].”

    Brandl Talos’ team included Associated Partner Raphael Toman and Associate Alexandra Glaser.