DORDA Rechtsanwälte GmbH

New competition law rules for distribution agreements - the new Vertical Block Exemption Regulation

In digital television, copyright-protected works are transmitted to the relevant audience in the form of video and audio signals.

Together with Heuking Kühn Lüer Wojtek (Munich) as lead counsel, DORDA advised CANCOM SE on the acquisition of K-Businesscom AG and all its subsidiaries.

Legal 500 has been evaluating the best law firms in over 150 countries for 33 years, painting the most up-to-date picture of the global legal market each year.

Outstanding achievements for the internationally active Vienna-based law firm DORDA in the recognised Chambers Europe Ranking this year.

DORDA supported the Finnish ecommerce company Nosto as local Austrian counsel on the acquisition of findologic Gesellschaft m.b.H., one of the world's leading providers of modern software solutions for online shops.

Under the lead of Patricia Backhausen and Christoph Brogyányi, DORDA advises global tech-group PDFTron on the acquisition of Austrian tech start-up eversign GmbH, a provider of digital signature solutions.

Vienna, 14th of July 2022. DORDA has advised – as Austrian counsel – DigitalBridge Group, Inc. 

In Chambers' new addition to the guide, Healthcare & Life Sciences, as well as Corporate/M&A, Dispute Resolution and TMT: IT DORDA was able to achieve the top ranking of Band 1.

Andreas Seling und Philip Exenberger are promoted to Counsel for DORDA.

DORDA's Digital Industries Group, led by Christian Ritschka (Partner, M&A), advised the Austrian startup on its first strategic growth investment.

In principle, the author of a work protected by copyright has an exclusive right to reproduce or copy it. In Austria, however, anyone has the right to make copies of such works for private use. Originally, the legislator had scenarios in mind where people recorded music from the radio with their stereo system and a blank tape cassette, or recorded films via a video recorder.

After last year's great success with three awards, DORDA was able to continue its successful course in 2021 and won in two categories at the Women in Business Law Awards Europe.

AGILOX, based in Neukirchen bei Lambach (Upper Austria), with its AI-based and self-driving logistics robots, is the subject of an investment by The Carlyle Group, one of the world's largest private equity firms based in Washington, D.C.

We are pleased to announce that our Managing Partner, Axel Anderl, has been elected to the Board of Directors of the globally active International Technology Law Association (ITechLaw) in June 2021.

The deal involved in total the sale of six European PPP-projects to UK and European infrastructure fund manager Equitix. Tibor Varga, Martin Brodey and Patricia Backhausen advised DIF on the sale of the Austrian PPP-project.

At the ninth LMG Life Sciences Awards, DORDA prevailed against very strong international competition and received the award as best Life Sciences Firm in Central Europe.

At the prestigious Europe Awards of the internationally recognised International Financial Law Review (IFLR), DORDA has received the award "Austrian law firm of the year". This is one of the most important awards for internationally active business law firms.

Artificial intelligence (AI) will shape our digital future. Self-driving cars, smart cities, digital factories and more precise medical diagnoses - the opportunities of AI are endless. However, its use also triggers significant risks. Algorithms or deep learning tools which are not accurate might severely affect people. In specific cases it might even raise complex ethical questions, for example when it comes to decision about life or death. The EU legislator realized the chances, but also the risks of AI at a very early stage. It thus aims to implement a legal framework for trustworthy and safe AI, hile strengthening AI uptakes, investments and innovations across the EU.

With Patricia Backhausen and Julia Haumer-Mörzinger, DORDA is expanding its core competences in the areas of M&A/Digital Industries and Real Estate & Construction.

Led by DORDA Real-Estate Practice Group Partner, Stefan Artner, DORDA provided legal support for the sale of a logistics centre in Vienna's largest industrial and commercial area, some 10 km from the city centre. The successful closing of this share deal was supported by Magdalena Brandstetter, DORDA partner and expert in real estate M&A, hospitality as well as real estate and tenancy law, and Markus Buchleitner, associate at DORDA.

DORDA continues to grow and expands its partnership from within its own ranks by announcing Magdalena Brandstetter, Stephan Steinhofer and Nino Tlapak as partners.

DORDA's real estate team supports DLH Real Estate Austria in two major logistics projects in the Vienna airport region: the sale of a part of the "Industrial Campus Vienna East" to Deka Immobilien and the purchase of 30,000 sqm of space as the starting signal for further logistics development. Both projects are located in proximity to the airport Vienna and demonstrate the expansion of the logistics sector in Austria.

This July, DORDA initiated enforcement proceedings against Albanian assets in Austria. This was preceded by an ICSID (International Centre for Settlement of Investment Disputes) arbitration, which Italian investors commenced against Albania following the expropriation of investments in Albania's hydropower, wind energy and media industries. However, the Albanian government fails to comply with its payment obligations.

DORDA's real estate team supports DLH Real Estate Austria in two major logistics projects in the Vienna airport region: the sale of a part of the "Industrial Campus Vienna East" to Deka Immobilien and the purchase of 30,000 sqm of space as the starting signal for further logistics development. Both projects are located in proximity to the airport Vienna and demonstrate the expansion of the logistics sector in Austria.

DORDA real estate law expert Magdalena Brandstetter advised Ascott on a contract for serviced residences in the new urban development project Forum Donaustadt/VIENNA TWENTYTWO. The aparthotel will be marketed under the Citadines Apart’hotel brand and is scheduled to open at the end of 2022.

At this year's Women in Business Law Awards Europe, DORDA came out on top in two categories. DORDA won in the category "Best National Law Firm in Europe for Women in Business Law" and was also awarded "Best Law Firm for Women in Austria". In addition, DORDA managing partner and head of the Life Sciences practice group Francine Brogyányi was awarded "Best in Life Sciences".

Under the direction of Stefan Artner, DORDA advised the internationally active PATRIZIA AG on the acquisition of a residential project development in the new Reininghaus district of Graz. The seller is the AIRA Development Group, which developed the project and is responsible for construction and leasing.

On 10 June LMG announced the winners of the European Life Sciences Awards. The DORDA Life Science Practice Group had previously been nominated by LMG in a total of eleven categories. On the day, DORDA Managing Partner and Head of the Life Science Practice Group Francine Brogyányi emerged as the winner and was named "Litigation & Enforcement Lawyer of the Year". The award, presented for the eighth time, thus honours her outstanding work in the field of unfair competition in the life sciences industry in Europe.

Eastern Property Holdings ("EPH") has successfully signed the acquisition of another prominent and centrally located office building in Vienna. EPH was advised by DORDA led by real estate partner Stefan Artner and by Magdalena Brandstetter (Attorney, Real Estate and Construction Law).

UBM Development, a leading European real estate developer, and ARE Austrian Real Estate GmbH, a subsidiary of Bundesimmobiliengesellschaft (BIG) specialising in office and residential properties, are jointly developing part of the Aspanggründe in Vienna's 3rd district and a project area in Munich-Moosach. The cooperation is a joint venture in Austria and in Germany through mutual shareholdings in the property-owning project companies. On almost 14,000 sqm (Vienna) and almost 28,000 sqm (Munich), realisations of mixed-use neighborhoods with primarily apartments, commercially used space and offices are planned.

In keeping with today's World Environment Day, DORDA announces the establishment of the Sustainability Practice Group. The new practice group brings together experts from various legal fields to provide targeted support to companies in their efforts to operate successfully and sustainably at the same time.

Under the lead of M&A expert Christian Ritschka, DORDA's Digital Industries Group advised Florian Schicker and easyname on the merger with the German dogado group.

DORDA IP/IT and data protection experts Axel Anderl, Nino Tlapak and Alona Klammer supported Lernsieg Mobile Media GmbH in the relaunch of the mobile app "Lernsieg", which was previously taken offline after a short time following massive counter-campaigns in autumn 2019.

DORDA's capital market law experts supported the Joint Global Coordinators UBS and HSBC in the Euro 1.65 billion capital increase of Austrian ams AG.

willhaben succeeds in competition law disputes together with DORDA over the slogan "Austria's largest car exchange" against AutoScout24.

DORDA's M&A experts support Austrian Greiner AG on the acquisition of all remaining shares in Eurofoam GmbH, making the Upper Austrian-based company the sole shareholder of the foam specialist.

DORDA IP/IT and data protection experts Axel Anderl and Dominik Schelling support sportsWorld in a cooperation with Formula 1 in connection with the pop-up exhibition "Bond in Motion".

Elena Manachimova (36) joined DORDA in 2011 and has long-standing experience in advising international clients in the fields of immigration and tax law as well as private foundations and cross-border succession planning. Now, Elena Manachimova, who completed full scale legal studies both in Austria and the Russian Federation, has been admitted to the Austrian Bar.

DORDA's real estate law experts supported Warburg-HIH Invest Real Estate (Warburg-HIH Invest) in the sale of a multi-storey office building in Vienna-Simmering, with a floor area of around 14,000 square metres, to a Luxembourg real estate fund.

Are delivery obligations between businesses still to be fulfilled?

Short-time work is generally understood to be the temporary, foreseeable reduction in normal working hours (by at least 10% to a maximum of 90%).

Which laws are applicable and what are the most important regulations?

In the days between 13 March 2020 and 15 March 2020, the government announced a comprehensive package of measures to combat Covid-19 ("Corona virus"), which is to enter into force on 16 March 2020. This in particular includes the ordered closure of shops and restaurants. The following initial overview addresses a number of key issues that arise for tenants and landlords as a result of the current situation.

Corona Virus: Impacts on Taxation, Financial Statements, Ability to distribute dividends. What you have to watch out for!

What are the effects of COVID-19 and the measures recently taken by the federal government on litigation proceedings?

Covid-19 poses major challenges for (cross-border) M&A transactions as well as for capital market deals.

What effects does the current situation have on planned shareholders' meetings? Can shareholders' meetings be held? And are there any delays in registrations with the commercial register?

Can a company collect data about a (potential) infection with COVID-19?

How can managers avoid personal liability for the financial impact of the Corona crisis on the compa Limited liability companies and stock companies must file for the opening of insolvency proceedings if they are unable to pay their open debts (illiquidity) or over-indebted without a positive prognosis. If such ground to file for insolvency has occurred, managers are obliged to file for insolvency as soon as possible, but at the latest within 60 days. Otherwise they are personally liable - without limitation - for damages caused by a delayed filing for insolvency (i.e. loss of new creditors and quota damage of old creditors). In Austrian practice, approximately 99% of all insolvency proceedings are opened due to illiquidity, whereby according to established case law illiquidity is presumed if 95% of the due debts cannot be paid when due.

Insurance companies insure uncertain risks of individuals that may arise in the future and cover such risks with the premiums of the insured community. Once the risk has already occurred or is about to occur immediately and one does not have taken out insurance already, it is not possible to get insurance cover anymore.

The first part of the article deals with various legal issues that may become relevant for financings in connection with measures to limit the spread of Covid 19. The second part sets out links to current public subsidy offers.

On 13 March 2020, the Austrian Government announced a comprehensive package of measures to combat Covid19 ("Corona virus"), which is to come into force on 16 March 2020. The following initial overview therefore addresses some of the key issues that this will raise for banks – but also for other financial service providers:

Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security (Netz- und Informationssystemsicherheitsgesetz, "NISG") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of "essential services". What does that mean?

DORDA has always had a strong focus on the digital and technology sector. The team of nine leading and award-winning IT/IP professionals led by partner Axel Anderl has been boasting a strong track record of relevant client relationships for more than a decade. In addition, other expert teams of the firm, such as the M&A group, the corporate law, banking and insurance teams or the antitrust team, also work for technology companies on a daily basis. As a consequence, DORDA has now established a new interdisciplinary Digital Industries Group, which institutionalises the cooperation of DORDA's experienced, technology-oriented experts in the digital and technology sector. Constant sharing of know-how will further strengthen the expertise and quality of the Group's services, thus creating further synergy effects for clients.

Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for "BLACK FRIDAY" was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive "Black Friday-Cooperation Program" was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark "BLACK FRIDAY" is not protected in Austria.

On 5th December 2018, the Austrian data protection authority (Datenschutzbehörde, "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:

Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:

Processing operations subject to the requirement of a data protection impact assessment. Following the "White List", the data protection authority has now also issued the long-awaited "Black List" in form of a binding regulation. This provides greater clarity as to when Data Protection Impact Assessments ("DPIA") are actually to be carried out in practice in Austria. As already in the draft, the regulation does not provide an exhaustive list of processing operations that are subject to the requirement. Rather, the regulation specifies criteria - some of which require further interpretation - which shall make it necessary to carry out a detailed examination.

  Austrian Real Estate and Construction Law On 30 June 2018 an amendment to the Vienna Building Code entered into force rendering it more difficult to demolish historic buildings in the Austrian capital. Is this the beginning of a new and hostile approach to owners of historic buildings? No! The Austrian Constitutional Court had already confirmed in 2017 that the rent based on the reference value (Richtwertmietzins) and the prohibition to request higher rent in certain areas of the city (Lagezuschlag) were in line with the constitution. In addition, the Supreme Court had redefined the rent control system in leading judgments in 2017. Despite massive impacts on owners of historic buildings, the federal legislator has not provided viable solutions.    

Stefan Artner, Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH (ARE, a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development. The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.

Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment Immediately on 25 May, the GDPR-day, the Austrian Data Protection Authority published its White List brining some clarity concerning the obligation to carry out a data protection impact assessment. As expected, especially standardized data processing activities and already registered processing operations that have to be approved by the authority in advance do not require an impact assessment.  for Austria and we can only hope that it will be issued soon as well.

On 12 October 2017, right in a last minute attempt to win undecided voters for one of the political parties, the leaving members of parliament enacted a new tax law. While fundamental changes to the Austrian Tenancy Law had been vividly discussed between the socialist and the conservative parties in recent years, the new law on the abolition of stamp duty falls completely short of what could have been achieved.

The Constitutional Court has recently provided two judgments on 28 June 2017 on the rent control legislation in Austria ruling that the current system for flats complies with Austrian Constitutional Law and the European Convention on Human Rights. The Constitutional Court visibly failed to take the opportunity to initiate a change to the current legislation. Further appeals to the Constitutional Court are likely and worthwhile with the Austrian parties currently involved in their campaigns for the general election in October 2017.

1.Abstract Contrary to common law jurisdictions such as the US or UK, the laws of civil law jurisdictions Germany and Austria provide for a two-tier structure for stock companies (Aktiengesellschaft), thereby strictly distinguishing the tasks, duties and responsibilities of the Management Board (Vorstand) from those of the Supervisory Board (Aufsichtsrat). Under the Austrian Stock Companies Act (Aktiengesetz), the Management Board has the sole competence to represent the company vis-à-vis third parties. There are only limited exceptions in which the Supervisory Board may act for, in the name of and on behalf of the company.

Buy-to-let schemes reached the Austrian market several years ago and have gained increased popularity in the scenic alpine regions of Tyrol, Vorarlberg or Salzburg. Investors acquire condominium ownership in newly constructed hotel facilities and rent out the properties to hotel operators at – ideally – attractive rates. While buy-to-let-schemes can be very lucrative investments, they also raise complex legal and tax questions. With the economic and financial crisis falling into oblivion, investors, however, have become more and more willing to sail these waters.

On 1 January 2017 the Austrian Wage and Social Dumping Prevention Act (Lohn- und Sozialdumping-Bekämpfungsgesetz – abbreviated to "LSD-BG") came into effect. An enhanced liability regime for the principal shall reduce and ultimately eliminate the undercutting of wages, in particular in the construction sector. The last six months have shown increased awareness of potential liabilities by principals and workers.

After some last-minute amendments, the new Austrian Data Protection Act, implementing and supplementing the EU General Data Protection Regulation, was finally adopted by the Austrian Parliament on 30 June 2017. The new provisions provide for some local specialties that must be considered by all companies active in Austria. All changes become applicable from May 2018 but the new obligations require complex internal amendments that should be reflected in the course of the GDRP implementation to avoid the increased penalties. [read more here]

The Insolvency Law Amending Statute of 2017 (Insolvenzrechtsänderungsgesetz 2017, IRÄG 2017) was adopted by the Council of Ministers at the end of March and is currently in the process of being reviewed. The reform is due to enter into force on 1 July 2017 and contains significant innovations. Its primary objective is to facilitate the debt relief of natural persons.

Pursuant to the Austrian Broker Act (Maklergesetz), a broker has to fairly and diligently protect their principal's interest. Until a very recent judgment of the Austrian Supreme Court (Oberster Gerichtshof), courts have taken a very lenient stance on the liability of real estate agents. The judgment of the Supreme Court of 24 Jan 2017, however, might permanently divert existing case law.

The long-awaited first draft for the new Austrian Data Protection Act, implementing and supplementing the EU General Data Protection Regulation, was finally published on 12 May 2017. 

The implementation of clauses on short-term premium instalments In its ruling (7 Ob 5/16k) of 17 February 2016, the Austrian Supreme Court determined that a clause on "short-term premium instalments" (Unterjährigkeitsklauseln) contained in the general terms and conditions for life insurance contracts with premium refund was non-transparent. The clause provided that premiums may be paid in semi-annual, quarterly, or monthly instalments.