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On 11 July 2023, the European Securities and Markets Authority (“ESMA”) published a public statement (“ESMA Statement”) regarding sustainability-related disclosure requirements in prospectuses for both equity and non-equity securities.

Binder Groesswang, working with Willkie Farr & Gallagher, has advised French investment company Wendel and other shareholders on their sale of Constantia Flexibles to One Rock Capital Partners. Wolf Theiss, working with Latham & Watkins, advised One Rock. Hamburg's Klawitter Neben Plath Zintler reportedly advised Wendel as well.

The public procurement tool is intended to prevent foreign subsidies (as defined in Art. 3 FSR) from distorting competition in the internal market. This happens when companies are able to submit unduly advantageous bids that drive competitors unsupported by state funds out of the market, for example because they are subject to the strict prohibition of intra-EU State aid under Art. 107(1) TFEU. The need to counteract market-distorting subsidies from third countries is "particularly pronounced" in public procurement, since public contracts are financed with taxpayers' money. 

Hule Bachmayr-Heyda Nordberg has advised the Wintersteiger Group on its restructuring where the company's sports, woodtech, seedmech, and operations divisions were spun off into four subsidiaries, with the parent company being renamed as Wintersteiger Holding AG.

By 25 June 2023, the transitional provisions of the Collective Redress Directive should have been applicable throughout the EU. Austria – like several other EU Member States – did not meet this deadline. The following article deals with potential transposition options, for the Collective Redress Directive, by the Austrian legislator.

The Regulation (EU) 2022/2560 on Foreign Subsidies Distorting the Internal Market (FSR) formally entered into force on 12 January 2023, but the regime did not apply until 12 July 2023. On the same day, the respective Implementing Regulation (EU) 2023/1441 was published in the Official Journal.

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