Category: Austria

Weber & Co. has advised Erste Group Bank AG as the sole bookrunner on the sale of 105,000 Marinomed Biotech AG shares by shareholders Acropora Beteiligungs GmbH, VETWIDI Forschungsholding GmbH, and BVT Beteiligungsverwaltung und Treuhand GmbH, at EUR 95 per share. Herbst Kinsky advised Marinomed on the sale.

According to Weber & Co., “in February 2019 Marinomed Biotech successfully completed its initial public offering on the Vienna Stock Exchange. Marinomed is a biopharmaceutical company that was created in 2006 as a spin-off from the University of Veterinary Medicine Vienna and focuses on the development of innovative products in the field of respiratory and eye diseases based on patented technology platforms. Of the total 105,000 shares, 55,000 shares are sold from the intended target volume and a further 50,000 shares from the upsize alternative, which was fully utilized due to the high demand. The proceeds from the advanced bookbuilding sale for Acropora Beteiligungs, VETWIDI Forschungsholding, and BVT Beteiligungsverwaltung und Treuhand total approximately EUR 10 million.”

The settlement of the Marinomed shares placed in the ABB is expected to take place on January 28, 2020. After completion of the sale, Acropora, VETWIDI, and BVT will retain approximately 16.6%, 1.5%, and 1.4% of the Marinomed share capital, respectively.

The Weber & Co. team included Partner Christoph Moser and Associate Angelika Fischer.

Herbst Kinsky’s team was led by Partner Philipp Kinsky and included Associate Georg Durstberger.

Wolf Theiss and Linklaters had advised J.P. Morgan and Erste Group Bank AG as joint book-runners on S Immo AG’s issuance of 6,691,717 new shares via an accelerated book-building procedure involving the exclusion of shareholders’ subscription rights. S Immo AG was reportedly advised by DSC Doralt Seist Csoklich.

S Immo AG is a real estate investment company based in Vienna. It been listed on the Vienna Stock Exchange since 1987. The majority of the company’s holdings are offices, shopping centers, and hotels, along with residential properties. 

Wolf Theis’s team included Partners Claus Schneider and Alexander Haas and Counsel Matthias Schimka.

Linklaters’s Frankfurt-based team consisted of Partners Marco Carnonare and Alexander Schlee and Associate Tosan Kraneis.

Fellner Wratzfeld & Partner has advised Bundesimmobiliengesellschaft m.b.H. on the structuring and procurement of an “innovation partnership” with several enterprises in Austria, which the firm described as the first in the country.

According to FWP, “innovation partnerships were introduced in 2018 as a new kind of procurement procedure; what sets them apart is that once the actual procurement procedure for commissioning a contract partner is completed, innovative services are developed together with one or more enterprises to be used directly by the public contracting authority without the need to conduct a new procurement procedure.”

“The innovation partnership of BIG in the field of software development which FWP provided advice on,” the firm explained, “was concluded with several enterprises. The goal is to create an innovative electronic administration tool for the object and facility management department of BIG with a view to ensuring better networking between the different levels of stakeholders. In addition, a key aspect of this innovation partnership is the joint further development of functionalities and the potential joint distribution of the developed software to third parties within the scope of a joint venture.

“We are very happy to support another Austrian pilot project with our expertise,” said FWP Partner Rudolf Pekar, who led the firm’s team, “and to have been able to successfully complete the procurement phase of the innovation partnership. The greater flexibility in procurement offered by the innovation partnership is what makes it an important procurement tool in particular with regard to the development of innovative IT and software solutions.

Austrian lawyers Andreas Gfohler, Hannes Pesendorfer, Christian Gruber and Michael Weiner have been promoted to Partner at Schramm Oehler.

Andreas Gfohler joined Schramm Oehler in 2008 and heads the firm’s office in St. Polten, Austria, which was founded under his direction in 2018. He focuses on procurement projects in the areas of construction and construction planning, health, transport and representation before award control courts.

He graduated from the University of Vienna.

Hannes Pesendorfer started his career at Schramm Oehler in 2013. According to the firm, “he accompanies and advises public clients on all aspects of the Federal Public Procurement Act, from complex procurement through review procedures to the solution of difficult legal questions. His expertise is particularly in demand in the areas of construction contracts, IT, and transport, and in PPP projects. He also graduated from the University of Vienna.

Christian Gruber started his career with Schramm Oehler in 2009. According to the firm, “the focus of his legal work is the legal support of public clients in complex procurement projects, representation in review procedures and advice on complex legal issues in Austrian and European public procurement law. Gruber primarily advises on procurement in the areas of creative services, social affairs, IT and transport.” He, too, graduated from the University of Vienna.

Michael Weiner studied law at the University of Vienna and the University of Leiden, in the Netherlands. He started working in Schramm Oehler in 2011.

In a statement about the promotions, the firm announced that, “with the appointment of partners we are entering the new decade stronger and are very well positioned in all areas of public procurement law in the long term. Our clients benefit from more than 20 years of experience and our expertise in all facets of public procurement. By expanding the partnership, we offer our employees long-term prospects in our law firm.”

DLA Piper Vienna has opened a Russia Desk, headed by new Senior Associate Ekaterina Larens Matveychuk.

According to DLA Piper, “the newly founded Russia Desk will expand the firm’s legal offering to clients from the CIS region. It is led by Ekaterina Larens Matveychuk, who brings her comprehensive experience in structuring and advising on M&A transactions and joint venture deals into her new position. Among her industry focus areas are manufacturing, energy, real estate, pharma, PPP, and IT as well as Blockchain. After her legal studies at the Moscow State University, Ekaterina Larens Matveychuk has been working as Senior Associate at the Clifford Chance Moscow office in the Corporate practice.”

Also joining the Vienna office is Senior Associate Jolita Hoxholli, who will be a part of the Finance, Projects & Restructuring Practice.

”With the appointment of Ekaterina Larens und Jolita Hoxholli we will further expand our expertise in the CIS and SEE regions and refine our already strong offering in these emerging markets to meet our clients’ needs,” commented Austria Managing Partner David Christian Bauer. “I am delighted to welcome the two new colleagues at DLA Piper and I am looking forward to our good cooperation.”

CMS has advised Encavis Infrastructure Fund III on its acquisition of the Furstkogel wind farm in Austria, consisting of five wind turbines with a total rated output of 17.25 MW. The sellers, wind energy specialist Ecowind Handels- & Wartungs-GmbH, were advised by Schoenherr.

CMS’s team was led by Partner Johannes Trenkwalder and included Partners Thomas Hamerl and Sibylle Novak and Associates David Kohl, Vanessa Horaceck, Miriam Baierl, Thomas Aspalter, Christoph Birner, Marco Selenic, and Florian Mayer. 

Schoenherr’s team was led by Partner Alexander Popp.

KPMG Law has advised the shareholders of Barracuda Holding GmbH on the sale of 71% of the shares in the company to the CTS Eventim Group. The buyers were advised by CMS and Schoenherr.

The Barracuda Group is an Austria-based company specializing in concert and festival organization. It has organized major festivals including Frequency, Electric Love, and Nova Rock. CTS Eventim is a Munich-based provider in the ticketing and live entertainment sectors. With more than 3,000 employees, the company generated revenues of over EUR 1.2 billion in 2018.

KPMG Law’s team was led by Partner Wendelin Ettmayer and included Partner Elisabeth Wasinger, Counsel Karin Bruchbacher, Senior Associate Stephanie Sauer, and Associate Pablo Essenther.

Schoenherr’s team was led by Partner Franz Urlesberger.

CMS’s team was led by Partner Clemens Grossmayer.

Binder Groesswang has promoted Corporate/M&A lawyer Philipp Kapl to Partner.

According to Binder Groesswang, Kapl “primarily advises companies and entrepreneurs on domestic and cross-border M&A-transactions, corporate restructurings, and joint ventures. Most recently, he advised Indorama Ventures on the acquisition of all shares in Schoeller, VTG on the sale of approximately 4,400 railcars, and SNAM on the acquisition of 49% of the Austrian gas pipeline operator Gas Connect Austria.”

Kapl received his doctorate in law from the University of Graz in 2010, and in 2011 obtained Master’s degrees in the fields of international relations and economics as a Fulbright scholar at Syracuse University in the United States. Before joining Binder Groesswang in 2015, he spent three and a half years with Schoenherr.

“Philipp has impressed us with his excellent work and personal commitment,” said Binder Groesswang Managing Partner Michael Kutschera. “We are pleased that he will continue to support our clients in the future.”

Brandl & Talos has advised Anyline on its generation of USD 12 million in growth capital through a Series A round of financing. Lead investors Project A and Senovo were advised by Herbst Kinsky and Schnittker Mollmann Partners, respectively.

Anyline has developed a mobile optical text recognition technology that helps companies and institutions in transforming analog information from, among other things, ID documents, number plates, and electricity meters, into digital data. Anyline has provided its technology to international groups such as Toyota, IBM and PepsiCo. 

The capital raised by Anyline will primarily be invested in the recruitment of new employees, the strengthening of the sales fleet, and the establishment of an office in Boston.

Brandl & Talos’s team was led by Partner Roman Rericha and included Attorney at Law Markus Arzt, Attorney Sabine Konrad, and Christina Bernhart.

The Herbst Kinsky team was led by Partner Philipp Kinsky and included Associate Georg Durstberger. The Schnittker Mollmann Partners team was led by Associated Partner Frederik Gartner.

Fellner Wratzfeld & Partner has advised Bundesimmobiliengesellschaft on the structuring and procurement of an “innovation partnership” in Austria.

According to FWP, “innovation partnerships were introduced in 2018 as a new kind of procurement procedure; what sets them apart is that once the actual procurement procedure for commissioning a contract partner is completed, innovative services are developed together with one or more enterprises to be used directly by the public contracting authority without the need to conduct a new procurement procedure. The innovation partnership of BIG in the field of software development which fwp provided advice on was concluded with several enterprises. The goal is to create an innovative electronic administration tool for the object and facility management department of BIG with a view to ensuring better networking between the different levels of stakeholders. In addition, a key aspect of this innovation partnership is the joint further development of functionalities and the potential joint distribution of the developed software to third parties within the scope of a joint venture.”

The FWP team was led by Partner Rudolf Pekar.