Category: Austria

  • Cerha Hempel and Hogan Lovells Advise OMV on Sale of Filling Station Business in Germany to EG Group

    Cerha Hempel and Hogan Lovells Dusseldorf have advised OMV on the sale of its filling station business in Germany to Britain’s EG Group. Latham & Watkins reportedly advised EG Group on the deal, which remains subject to regulatory approval. 

    The purchase price for the 285 filling stations in southern Germany is EUR 485 million, subject to customary net working capital and net debt adjustments at closing. 

    Cerha Hempel’s team included Partners Clemens Hasenauer, Harald Stingl, Lorenz Pracht, and Michael Mayr, Senior Associates Alexander Reich-Rohrwig and Ferdinand Guggenmos, and Associates Stefanie Praauer, Michael Ebner, and Julia Digruber.

  • CHG Czernich Rechtsanwalte Expands to Vienna

    Austria’s CHG Czernich Rechtsanwalte has opened a branch in Vienna, led by lawyers Stefan Gutbrunner and Clemens Handl. The firm’s new office is located on the Universitatsring, right next to the Vienna Burgtheater.

    “As a law firm with roots in Tyrol, CHG Czernich Rechtsanwalte stands for solidity and reliability,” says Partner Dietmar Czernich. “We offer our clients first-class solutions throughout Austria and look forward to providing consulting services with a strong team in Vienna in the future.”

    According to the firm, its Vienna office will “mainly advise in the area of ​​corporate law, in particular in corporate transactions, start-ups, restructuring and shareholder disputes, in drafting contracts, new technologies (IT law, data protection and intellectual property law) as well as in real estate and public procurement law.”

    CHG now has locations in Innsbruck, Vienna, and St. Johann/Kitzbuehel in Austria, Bozen in Italy, and Vaduz in Liechtenstein.

  • Cerha Hempel Helps COSI Hospitality Group Enter Austrian Market

    Cerha Hempel has helped Germany’s COSI Hospitality Group enter the Austrian hotel and apartment market. 

    According to Cerha Hempel, “COSI Hospitality is a travel and alternative accommodation start-up expanding rapidly throughout Europe. Technology orientated, COSI builds and operates short-term rental and beautifully designed apartments. [The company] has now secured three properties with more than 125 apartments in promising locations throughout Vienna, with more projects in the pipeline.”

    Cerha Hempel’s team included Partner Manfred Ton, Senior Counsels Matthias Noedl and Julia Haumer-Moerzinger, and Counsels Armin Schwabl, Jakob Hartig, and Christopher Peitsch.

  • CMS and Wolf Theiss Advise on Erste Group Bank’s EUR 750 Million Bond Issuance

    CMS’s Vienna office has advised joint lead managers BofA Securities, BNP Paribas, Erste Group, Goldman Sachs International, JP Morgan, and UBS on Erste Group Bank AG’s EUR 750 million issuance of undated fixed-to-fixed resettable notes. Wolf Theiss advised the issuer on the deal.

    The notes, which were issued as a drawdown under Erste Group’s Additional Tier 1 Notes Program, are listed on the Vienna Stock Exchange.

    CMS’s team included Partner Walter Gapp and Attorney-at-law Philipp Mark.

    Wolf Theiss’s team consisted of Partner Claus Schneider, Senior Associate Nikolaus Dinhof, and Associate Dominik Thill.

  • Eisenberger & Herzog and Oberhammer Advise on Merger of Krenhof and Pankl Racing Systems

    Eisenberger & Herzog has advised Krenhof AG on its merger with Pankl Racing Systems AG. Oberhammer advised Pankl Racing Systems on the merger.

    According to Eisenberger & Herzog, the signing took place on December 11, 2020, and the deal is expected to be closed at the beginning of 2021. Financial details of the deal were not disclosed.

    Krenhof AG is an Austrian manufacturer of drop forged parts and forged hand tools. Pankl Racing Systems AG is an Austria-based system supplier to the racing automobile, luxury automobile, and aviation industries that employs around 1,600 people worldwide.

    Eisenberger & Herzog’s team consisted of Partners Alric Ofenheimer, Christopher Engel, Dieter Thalhammer, and Tatjana Katalan, Lawyer Stefan Wartinger, and Trainee Lawyer Susanna Falkenburg.

    Oberhammer’s team included Partners Fritz Ecker and Christian Pindeus.

  • Binder Groesswang, Linklaters, and Wolf Theiss Advise on Lenzing AG Hybrid Bond Issuance

    Binder Groesswang has advised Lenzing AG on the successful issuance of a EUR 500 million hybrid bond. Linklaters and Wolf Theiss advised joint global coordinators BNP Paribas and Morgan Stanley and joint bookrunners BNP Paribas, Morgan Stanley, and UniCredit.

    According to Binder Groesswang, “on the basis of its structural features, the subordinated, unsecured bond will be accounted for in its entirety as equity in accordance with IFRS. It is structured as a perpetual bond and was heavily oversubscribed. The denomination of the hybrid bond is EUR 100,000.”

    Binder Groesswang’s team included Partners Florian Khol, Tibor Fabian, and Christian Wimpissinger, Attorney Philipp Tagwerker, and Associate Anna-Maria Anderwald.

     

  • The Buzz in Austria: Interview with Axel Anderl of Dorda

    “I can’t not mention Covid – it’s still making the entire situation quite difficult,” says Dorda Managing Partner Axel Anderl, when asked what’s happening in Austria “The current coalition between the Greens and the Conservatives is facing a lot of challenges.” 

    The most important measures that were implemented by the government to combat the crisis were quite intrusive, Anderl says, and were eventually repealed by the Constitutional Court. The government justified its actions by claiming that those measures were necessary to combat the crisis, and the fact they they were eventually found unconstitutional didn’t make them any less useful when implemented. He sighs. “This could be a hint of a potentially pernicious trend – how much can citizens trust the government and in democracy if it acts without proper considerations of its actions?” 

    Furthermore, Anderl says that the government is struggling to provide adequate financial stimuli to businesses. “The government first stated that it would do whatever it takes, at all costs, to prevent negative effects of the crisis,” he reports. “However, access to the funds was quite cumbersome and bureaucratic and thus triggered much criticism.” 

    While the government was extremely strict and focused during the first phase of the COVID crisis, the leadership has gotten lost a bit. “It would not appear that the government is as still as dedicated and ‘clean’ in its actions as it should be,” Anderl notes, critically. He insists that the government waited too long to introduce the most recent lockdown, which started as a “soft lockdown” on November 3, was subsequently tightened, and then ended on December 6 to allow Christmas shopping, despite a still-high infection rate. The lifting of the lockdown, he says, “could cost us dearly.” 

    Unsurprisingly, all of this has led to tensions in the ruling coalition itself. “The conservative majority wanted to take the reins of battling the crisis on its own with a quite strict regime,” Anderl reports, “but the Greens have advocated for a more hesitating approach, and, given that they control the Ministry of Health, this led to friction and a lack of decisive action.” 

    Anderl also says that there are problems with how the new aid during the second lock-down is distributed. “Some businesses, for example in the hospitality sector and restaurants, got as much as an 80% of their last year’s turnover for the same period in aid, which is far more than what they actually lost during the time of lockdown,” he says, describing “dust and uncertainty” surrounding business relief packages.

    Anderl says that there have also been several legislative developments that, although Covid-inspired, could have more far-reaching consequences. “A law was put in place to prevent foreign investors from swooping in and acquiring significant domestic businesses for a bargain price,” he says. “These protective instruments, while useful now, have the potential to bleed over after the crisis ends, and the situation should be monitored to see how the government deals with it in the future.”

    Austria is working to introduce the necessary structural and regulatory reforms and improvements to set up a 5G infrastructure, Anderl reports. “This is a hot topic in the EU,” he says, “and Austria, unlike some member states, has no issue with Chinese companies providing infrastructural support. The Austrian regulations just aim at objective criteria instead of discriminating against suppliers from certain countries or regions. If anything, the pandemic taught us all the importance of a stable Internet connection, especially in rural areas. Thus, 5G is one of the government’s lighthouse projects enabling more digitalization.”

    Finally, Anderl reports that there have been regulatory changes in the transportation sector, reflecting substantial amounts of litigation between taxi companies and Uber and other comparable platforms. “Established taxi companies advocated heavily for removing Uber from the market, conflicting mostly over whether start prices for the rides should be fixed or not,” he says. While the old government rendered an act that was extremely protective of the taxi companies and requiring restricted taxi licenses for all means of individual transport, the new coalition took a more liberal approach. Right now, he says, it appears that Uber will prevail and will still be available to Austrian users. “The government made it possible to agree on prices, in the future, rather than have a fixed price – so we should see both taxis and Uber in the streets.”

  • Herbst Kinsky Advises on Biogena Group Invest IPO

    Herbst Kinsky has advised Biogena Group Invest on the initial public offering of its shares and their listing on the Vienna Stock Exchange.

    According to Herbst Kinsky, Wiener Privatbank acted as the paying agent for the listing.

    The Biogena Group is an Austrian developer and producer of goods and services in the field of health and nutrition. The group’s main focus is on iron, mineral, and osteoporosis product innovations as well as integrated solutions in the field of corporate health promotion.

    The Herbst Kinsky team consisted of Attorney-at-Law Johannes Frank and Trainee Lawyers Carmen Walser, Georg Durstberger, and Christoph Renner.

  • Eisenberger & Herzog Advises Hamburg Trust on Acquisition of Vienna Residential Project

    Eisenberger & Herzog has advised German real estate investment and asset manager Hamburg Trust on the acquisition of newly constructed Siemensstrasse residential living project in Vienna from Eyemaxx Real Estate AG.

    The parties did not disclose the sales price.

    According to E&H, “the apartment complex constructed in the heart of Vienna’s 21st district … has a total usable area of approximately 5,700 square meters and consists of 102 residential units on four floors as well as of a commercial area of approximately 160 square meters on the ground floor. The property will be included in the new Hamburg Trust fund domiciliumINVEST 15 Austria.”

    Eisenberger & Herzog’s team included Partners Clemens Lanschutzer and Ulrike Sehrschoen and Associates Joseph Moser and Titus Kahr.

    Eisenberger & Herzog was unable to provide further information on the deal.

    Editor’s note: After this article was published, Cerha Hempel announced that it had advised Eyemaxx Real Estate AG on the deal. The firm’s Vienna-based team included Partner Mark Krenn, Attorney-at-Law Filip Ballok, and Associate Angelika Schussler-Datler.

  • Binder Groesswang and Schoenherr Advise on Establishment of Freight Wagon Production Joint Venture

    Binder Groesswang has advised OBB-Technische Services on the establishment of a joint venture with Voestalpine Stahl for the purpose of freight wagon production. Schoenherr’s multi-office team advised the co-venturer on the deal. Gleiss Lutz reportedly acted as a local advisor in Germany to Voestalpine.

    According to Binder Groesswang, the goal of the joint venture, operating as TransAnt, is “to create market capacities in the area of innovative and cost-efficient freight wagons and maintain the necessary agility across group boundaries. The firm reported that each partner will hold a 50% stake in the new company. 

    OBB-Technische Services is a subsidiary of the OBB Rail Cargo Group, which employs 9,340 people and has a turnover of approximately EUR 2.3 billion. 

    Voestalpine is a Linz-based producer of steel and technology solutions used in automotive, consumer goods, aerospace, oil and gas industries, and railway industries, among others. It consists of 500 companies across 50 countries and currently employs around 49,000 people worldwide.

    Binder Groesswang’s team included Partners Christian Zwick, Andreas Hable, and Johannes Barbist, Counsel Michael Horak, Attorneys-at-Law Moritz Salzgeber, Philipp Spring, and Clemens Willvonseder, and Associates Erik Pinetz, Manuela Wenger, and Florian Dollenz.

    Schoenherr’s team consisted of, in Vienna, Partners Thomas Kulnigg, Franz Urlesberger, Christoph Haid, and Michael Woller, Counsel Johannes Stalzer, and Attorneys-at-Law Johannes Frank and Michael Stimakovits; and in Warsaw, Attorney-at-Law Pawel Kulak.