Franz Althuber

In the latest Global Arbitration Review Know-how Challenging and Enforcing Arbitration Awards, Patrizia Netal and Florian Haugeneder provide detailed answers on particularities regarding the challenge and enforcement of arbitral awards in Austria. The updated guide focuses on the key provisions under Austrian law and relevant practical aspects determining the process of challenging and enforcing arbitral awards in Austria. You can access the full guide here: https://lnkd.in/dakMzVeN #GAR #KNOETZL #LeadingtheWayinDisputes

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The majority of the voting groups in the discussion and voting meeting on the restructuring of VARTA AG approved the restructuring plan in accordance with the German Corporate Stabilisation and Restructuring Act (StaRUG). A DLA Piper team led by partners Roland Maass and Florian Bruder advised VARTA AG on this significant milestone in the restructuring process. DLA Piper advises VARTA comprehensively on legal matters since the beginning of the restructuring and most recently supported the Company in concluding several key agreements with financing parties and investors, as well as a bridge financing. Read more here: https://lnkd.in/e7wQZ8MZ #Restructuring #Approval #Crossingnewhorizonstogether

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On 26 September 2024, the German legislator has passed the Fourth Bureaucracy Relief Act (Viertes Bürokratieentlastungsgesetz). The written form requirement for commercial lease agreements has been abolished. For details regarding the Act see: https://lnkd.in/enP32BAh The Act still has to pass the chamber of the federal states (Bundesrat). It will come into force at the beginning of the calendar quarter following the promulgation of the Act. A transitional period of twelve months is planned for existing lease agreements. Within this period, a commercial lease agreement can still be terminated due to a breach of the written form requirement. https://lnkd.in/esR2DQtE

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𝐔𝐧𝐥𝐨𝐜𝐤𝐢𝐧𝐠 𝐭𝐡𝐞 𝐕𝐚𝐥𝐮𝐞 𝐢𝐧 𝐌&𝐀 𝐓𝐫𝐚𝐧𝐬𝐚𝐜𝐭𝐢𝐨𝐧𝐬: 𝐍𝐚𝐯𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐄𝐚𝐫𝐧-𝐨𝐮𝐭𝐬 𝐚𝐧𝐝 𝐌𝐢𝐥𝐞𝐬𝐭𝐨𝐧𝐞𝐬 📈 💡 In the complex world of mergers and acquisitions, disagreements over valuation can often halt negotiations prematurely. However, mechanisms like earn-outs and milestones can bridge these gaps, aligning the interests of buyers and sellers and mitigating risks. Our latest publication "Earn-out, Milestones und weitere aufgeschobene Kaufpreiszahlungen," authored by Niederer Kraft Frey experts Manuel Werder, Philippe Weber, Morgan Boëffard, and Marco Sidler, offers in-depth insights into the purpose, benefits, and potential pitfalls of earn-outs and milestones in M&A transactions. Here’s what you’ll learn: • 𝐃𝐞𝐟𝐢𝐧𝐢𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐏𝐮𝐫𝐩𝐨𝐬𝐞: Understand how earn-outs and milestones function and their role in addressing valuation disputes. • 𝐑𝐢𝐬𝐤 𝐌𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧: Learn about the risks associated with these mechanisms and strategies to mitigate them. • 𝐒𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐢𝐧𝐠 𝐀𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬: Gain practical advice on effectively structuring earn-out agreements to ensure successful transactions. • 𝐌𝐚𝐫𝐤𝐞𝐭 𝐓𝐫𝐞𝐧𝐝𝐬: Explore the increasing prevalence of earn-outs and their implications in today’s market. Whether you're a buyer, seller, or advisor in corporate transactions, this publication offers crucial insight to navigate the intricacies of M&A deals effectively. Read the full article published by the @Europa Institute at the University of Zurich (EIZ) in English and German, available for free here: https://lnkd.in/ejH6xAEa #CorporateTransactions #EarnOuts #Milestones #CorporateGovernance

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🔔 12. Wiener Unternehmensrechtstag 🚨 Over-regulation has become unbearable! Especially when companies are forced to boycott other companies, this is very problematic from the point of view of the rule of law. We discussed the following topics in exciting presentations: 💡 Banking and company law 💡Insurance and corporate law 💡Supply chain and corporate law 💡Sanctions and corporate law 💡Investment control and corporate law Many thanks to: Susanne Kalss, Prof. Dr. Ulrich Torggler, Dr. Erich Hampel, Martin Oppitz, Dr. Stefan Korinek, Christoph Nauer, Johannes Barbist

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🇦🇹 Austria after the general election: “Big business does not want a pro-#wealthtax party in government.” (Former Vice-Chancellor Reinhold #Mitterlehner in “Der Standard” of 1 October 2024). Interesting for Norway 🇳🇴. Austria is already a high tax country.

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🔎 The international legal guide "ICLG Corporate Governance Laws and Regulations" covers common issues in corporate governance laws and regulations in different jurisdictions. Our company law experts Dr. Eva Nase and Emanuel Trotta take a close look at the most important aspects of #CorporateGovernance in Germany. ➡️ Read more here: https://lnkd.in/e6fvPJT4 #corporatelaw #pemagazin International Comparative Legal Guides (ICLG)

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Giovanni Chiapponi discusses recent clarifications made by the Court of Justice of the European Union regarding the criteria for identifying overriding mandatory provisions under Article 16 of the Rome II Regulation. Read more at EU Law Live.

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⚠️ Credit institutions and similarly structured Financial Service providers beware: With a new circular letter the German Ministry of Finance (BMF) has substantiated its view on the right to input VAT deduction for credit institutions and thus undertaken a comprehensive revision of a former guidance issued back in 2005. Despite the proclaimed efforts of politicians to reduce bureaucracy, this letter unfortunately ensures the opposite, with a considerable additional administrative effort for the companies to be expected. Compared to the old letter, here are some excerpts / new aspects: - A pro-rata/key based on the total turnover ("residual key") can only be used for input VAT apportionment if no other, more precise apportionment key can be considered. - Credit institutions should conduct a documentation on the appropriateness of the chosen key, including considerations on the selection and implementation of input VAT apportionment. - Services purchased for various output transactions are to be allocated directly to these transactions by means of estimates as far as possible. - The application of a segment key is appropriate with regard to the allocation to output transactions [Note: The BMF provides for a very small-scale segmentation that leaves hardly any room for the application of the residual key.] - Explanations on input VAT deduction for cross border structures (i.e. head office and branch in two different countries) applying the ECJ judgment Morgan Stanley, i.e. "double test" regarding the right to input VAT deduction [Note: Compared to today's view, this is a tightening for companies.] - Note that a separate BMF letter will be issued on the implementation of the ECJ rulings Skandia and Danske Bank. The BMF grants a non-objection rule for the "period up to 31 December 2025", although in my opinion it is unclear whether this refers to all assessment periods up to and including 2025 or the input VAT apportionments that a taxable person makes up to that date. Nevertheless, I wish you a Merry Christmas and am of course happy to answer any questions you may have. The letter (in German language) can be found here: https://lnkd.in/dMZjFfXg #pwc #financialservices #vat

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Some takeways from today’s unofficial year end press conference by the President of the Federal Cartel Office (Bundeskartellamt) at Studienvereinigung Kartellrecht e. V. : #MergerControl: - there should not be a raising of the merger control turnover thresholds to limit the Office’s scrutiny to even less cases (as contemplated by the Ministry of Economic Affairs); roughly 900 cases where reviewed last year; - specific spotlight on #killeracquisitions; most relevant transactions haven’t been caught due to a lack of local nexus; one should contemplate whether future local activity should be enough of a trigger (I doubt that) - theory of harm innovation re innovation concerns becoming more and more important #Cartels: - monitoring activity by the office has been fruitful, leniency applications stable, waiting to see a first no-poach or wage-fixing case in Germany #AbuseofDominance - politicians want lax merger control and harsh anti-abuse enforcement, but that is not how it works; Office welcomes lower evidence standards as discussed by the OECD Roundtable, - “spamming the regulator” having apparently become a phenomenon, jokingly, the President stated its Office would like to “use ChatGPT to condense artificially inflated briefs to their original size” #NationalChampions - German “ministerial approval” has proven that the idea of building national champions despite competition law concern was a bad one. Mundt’s bottom line: “There is no growth without competition.” Amen.

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Austria: Potential disqualification of managing directors and board members in the event of a criminal conviction Since the beginning of 2024, the Austrian commercial register courts have been required to check whether there is an obstacle to registration due to a criminal conviction ("disqualification") for the person registered as a representative body by means of an automated query from the criminal register (and, if necessary, from the European register interconnection system "BRIS") when registering managing directors and board members. Disqualified persons may not become or remain managing directors or board members for a period of three years. This amendment is based on an EU directive, which was transposed into Austrian law by the Company Law Digitalization Act 2023 (GesDigG 2023). For further information, you can access the full article from BRAUNEIS RECHTSANWÄLTE here: https://lnkd.in/e7rHmPd9 #InternationalLaw #LegalNetwork #InternationalNetwork

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Revised CPC: News regarding Jurisdiction of Commercial Courts The revised Swiss Civil Procedure Code, entering into force on 1 January 2025, will bring some changes in the realm of commercial courts and their jurisdiction. These changes are highly relevant to litigation practitioners and companies doing business in Switzerland. Our latest Legal Insight covers: • The newly introduced legal basis for international commercial courts • Changes to the jurisdiction of commercial courts (exclusion of labor law and tenancy law matters) • Optional conciliation proceedings Authors: Cinzia Catelli and Yves Tjon-A-Meeuw Read more here: https://lnkd.in/eFaMXysf #baerkarrer #lawfirm #litigation #legalinsight

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KNOETZL contributed to the latest edition of the Austrian chapter for the Chambers and Partners Global Practice Guide on Enforcement of Judgments. Authored by Bettina Knoetzl, Patrizia Netal, Katrin Hanschitz and Natascha Tunkel, the article provides a comprehensive exploration of the enforcement of domestic and foreign judgments in Austria, as well as the enforcement of arbitral awards. Whether you are navigating cross-border disputes or interested in international arbitration, this article offers valuable insights into the Austrian legal landscape for judgment enforcement. You can access the Chapter here: https://lnkd.in/dKFA_a58 Enjoy the read! Need further assistance? Then reach out to us! #KNOETZL #LeadingtheWayinDisputes #ChambersandPartners #EnforcementofJudgments

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Last week, our partner Robert Straubmeier shared expert insights on 'Manager Liability in Insolvency' at a lecture hosted by the Deutsches Anwaltsinstitut e. V..   Robert delved into the legal requirements of the key liability provisions that managers can face in insolvency scenarios, took a deep dive into the best litigation tactics from his years of experience - both from the perspective of a plaintiff insolvency administrator and a sued manager -, and highlighted how to deal with D&O insurance in a variety of constellations. Participants from diverse backgrounds (insolvency administrators, lawyers and in-house counsel) engaged in fruitful discussions.   Thanks to the Deutsches Anwaltsinstitut e. V. for organizing, and to all attendees for their interest and input.   Missed the lecture? Catch it again on December 6, 2024. Register here: https://lnkd.in/dPJ48EdH #insolvencylaw #insolvencylitigation #litigation #Knowhow #Insolvenzrecht #managerhaftung #WUM  

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Delighted to be included in the German Top 50 lawyers for FDI control published by JUVE Verlag. Foreign Direct Investment screening has been on the rise for years and has established itself as a strong second pillar of regulatory deal review. And the best/worst is yet to come with the EU's next Screening Regulation. #wilmerhale #fdi #juve

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As a Legal 500 Exclusive Contributor, HEUKING prepared and updated the section on German merger control in the latest edition of the Merger Control Comparative Guide. Go to the Merger Control (Germany) chapter: https://lnkd.in/ePpH86Au

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SAVE THE DATE   Save the date for Interact Law's International Conference later in the year which will be hosted by ljh Lindlbauer Rechtsanwälte and held in Munich, Germany from 7-9 November 2024.   Following the success of our New York conference last month, we once again plan to feature:   ✓ Interactive client panels; ✓ Member Case Studies and idea sharing; ✓ Best Practices for working across borders; ✓ Plenty of time for networking and socialising with other member firms!   Stay tuned for more details over the coming weeks and months……   #InteractLaw #InternationalConference #networking #legalnetwork

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BGH VS. GOOGLE: NEW DEVELOPMENTS IN THE PROTECTION OF TRADE SECRETS Partner at German member firm (HAVER & MAILÄNDER Rechtsanwälte Partnerschaft mbB) Prof. Dr. Ulrich Schnelle shares his insights on the recent Federal Court of Justice decision (a groundbreaking moment in antitrust law) in a brand new article. Find out how the BGH determined the protection of trade and business secrets in the case against Google and what impact this has on the digital business landscape. A must-read for anyone who wants to understand how competition and secrecy are balanced in the era of digitalization. Click the link to read the full article: https://lnkd.in/dCGisj5c

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