CMS has advised Niederosterreichische Breitband Holding on its selection of Allianz Capital Partners as a partner on a potential EUR 300 million investment package involving a broadband network in Lower Austria. Eisenberger & Herzog advised Allianz Capital Partners on its successful bid.
In the shadow of Brexit negotiations, the European Parliament agreed on 14 February 2019 to set up an EU level tool to screen FDIs on grounds of security or public order to protect sectors. The new "Regulation (EU) 2019/452 establishing a framework for screening of foreign direct investments into the European Union" (EU-FDI Regulation) shall apply from 11 October 2020 and be binding in its entirety as well as directly applicable in all member states.
TGS Baltic and Clifford Chance have advised London-listed online gaming operator JPJ Group plc on the Estonian law aspects of its GBP 490 million conditional acquisition of UK-based software developer Gamesys Holdings Ltd. CMS and Ellex Raidla advised Gamesys on the deal.
PHH has advised outside creditors Helaba and the European Investment Bank on the Educational Campuses project in Vienna, which takes the form of a public-private partnership with winning bidders HYPO NOE and Strabag. Eisenberger & Herzog advised HYPO NOE and Strabag on the deal, which is valued at over EUR 100 million.
Dorda has established a multidisciplinary Digital Industries Group, led by Partner Axel Anderl.
Wolf Theiss has advised Miba AG, acting through its Miba eMobility GmbH subsidiary, on its acquisition of a stake in VOLTLABOR and establishment of a joint venture in the field of battery systems for mobile applications with the company.
Herbst Kinsky has advised the founders of Hokify GmbH on a share sale to karriere.at.
Schramm Oehler has advised the Austrian City of St. Polten and the University St. Polten on a PPP process to identify a private partner to build, finance, and provide the first extension for St. Polten University of Applied Sciences.
The German and Austrian offices of CMS have advised Austrian IT-service provider Catalysts and German IT market research and consulting company Crisp Research on their merger, resulting in the formation of Frankfurt-headquartered Cloudflight Group.
Schoenherr has advised France's Thales Group on its July 24, 2019 acquisition of insolvent motor manufacturer Steyr Motors GmbH. Grassner Lenz Thewanger & Partner reportedly advised the unnamed seller on the deal, which remains subject to the approval of the Austrian Federal Competition Authority.
Eisenberger & Herzog has announced that Senior Partner Georg Eisenberger will leave the Austrian firm on June 30, 2020, after twenty-five years of partnership, to establish a boutique law firm for administrative, constitutional, and European law, specializing in public commercial law and unique legal cases. In addition to its headquarters in Graz, the firm will also have an office in Brussels.
In a recent case involving parallel-imported agrochemical products, the District Court of The Hague ruled that non-compliance with the requirements laid down by the European Court of Justice (CJEU) for parallel import of relabelled products displaying the original right-holder’s trademark constitutes trademark infringement, particularly if the right-holder is not properly notified of the parallel import and is not offered a sample of the relabelled product on request. This decision shows that the requirements for parallel import are applied strictly by the courts and have a broad scope (not limited to pharmaceutical products), allowing the mark-holder to exercise control over the resale, re-labelling, and re-packaging of its original products within the EU.
Wolf Theiss Vienna has advised Miba AG on its acquisition of a 25.1% stake in Voltlabor GmbH from Montenor GmbH and on its establishment of a joint venture to develop battery systems for mobile applications. SCWP Schindhelm advised Montenor on the sale.
CMS has advised Australian crude oil explorer ADX on its acquisition of the Zistersdorf & Gaiselberg oilfields in Austria from Austrian exploration and production company RAG. Fellner Wratzfeld Partner reportedly advised RAG on the deal.
Wolf Theiss has advised Asfinag Motorways and Freeways Financing on its issue of EUR 600 million 0.1% bonds due 2029 guaranteed by the Republic of Austria. The Frankfurt office of Linklaters reportedly advised the joint lead managers Credit Agricole Corporate and Investment Bank, Goldman Sachs International, J.P. Morgan Securities plc, and UniCredit Bank Austria AG, as well as co-lead managers Erste Group Bank AG and Raiffeisen Bank International AG.
Freshfields' Vienna-based IP/IT Partner Bertram Burtscher is part of the firm's global team advising Volkswagen AG as IP/IT, Antitrust and CFIUS counsel on its proposed USD 2.6 billion co-investment in the autonomous vehicle technology company Argo AI with the Ford Motor Co.
Jank Weiler Operenyi and Reff & Associates — the Austrian and Romanian members of the Deloitte Legal network — have advised Rondo Ganahl AG on its acquisition of 60% of the shares of Romanian SC Transilvania Pack and Print SA from Offsetdruckerei Schwarzach GmbH. Thurnher Wittwer Pfefferkorn & Partner advised Offsetdruckerei Schwarzach on the deal.
DLA Piper has advised pharmaceutical laboratory VelaLabs Austria, a subsidiary of the Tentamus Group, on its acquisition of Vienna-based Laboratorium fur Betriebshygiene GmbH from unidentified private individuals.