Picture of Marlene Wimmer

Marlene Wimmer-Nistelberger


CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Languages English, German

Marlene Wimmer-Nistelberger graduated from the University of Vienna’s faculty of law in 2014. After completing her mandatory legal traineeship at the District Court of Korneuburg and the Criminal Court of Vienna, she joined CMS Reich-Rohrwig Hainz as an Associate in August 2014. Her main areas of practice are Public Procurement, State Aid Law, Competition & EU, Infrastructure & Projects and Public Law. Marlene Wimmer-Nistelberger is fluent in both English and German.

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Relevant experience

Involvement in providing advice and representation in public procurement review procedures for

  • an international building construction and civil engineering company in the infrastructure sector
  • an international tunnel and traffic safety company
  • a consortium regarding the regeneration of an abandoned site, including providing advice on environmental matters
  • a successful bidding consortium regarding the providing of engineering services for the Broad Gauge Project, a significant rail infrastructure project whose goal is to make the Eastern European gauge interchangeable with the Western European gauge

Involvement in advising

  • a contracting authority on the preparation and execution of a two-phase negotiation procedure
  • the Financial Market Holding Company of the Republic of Austria on the sale of a municipal bank. Advice provided on all matters regarding state aid and the bidding process
  • an international real estate company regarding state aid matters in the context of several shopping malls and retail centres in Croatia and Serbia
  • a federal medical clinic regarding the construction of new hospital facilities, with a focus on state aid law
  • a client regarding guarantees / project financing, as well as public law and regulatory matters relating to a railway project
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  • 2016-2017 - Queen Mary University of London, LL.M. in International Business Law
  • 2014 - University of Vienna, Mag. iur.
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  • The Private Competition Enforcement Review - Edition 12 - Austria, together with Bernt Elsner and Dieter Zandler (2019)
  • Co-Autorin des Österreich-Teils in “Benchmarking Public Procurement 2017 - Assessing Public Procurement Systems in 77 Economies”, World Bank (Co-author of the Austria part in “Benchmarking Public Procurement 2017 - Assessing Public Procurement Systems in 77 Economies”, World Bank, German publication)
  • Co-Autorin des Österreich-Kapitels des Getting the Deal Through State Aid Guides  (Co-author of the Austrian chapter of "Getting the Deal Through State Aid Guide", German publication)
  • Co-Autorin des Österreich-Teils in “Benchmarking Public Procurement 2016 - Assessing Public Procurement Systems in 77 Economies” (Co-author of the Austria part in “Benchmarking Public Procurement 2016 - Assessing Public Procurement Systems in 77 Economies”, German publication) World Bank
  • Direktvergabe dringender Krankentransportdienstleistungen im USB, ZVB 2015/76 EuGH (Direct awarding of contracts for urgent ambulance services in USB, German publication) ZVB 2015/76 EuGH, together with Bernt Elsner
  • Co-Autorin des Österreich-Kapitels des GLI "Energy-Guide" (Co-author of the Austrian chapter in GLI "Energy-Guide", German publication)
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CMS Ver­gabeportal


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The Private Com­pet­i­tion En­force­ment Re­view - 12th Edi­tion...
Produced in partnership with LexisNexis
State aid and SGEI
Ten­fold in­crease in fin­an­cial pen­al­ties: Gentle pres­sure...
Min­is­teri­al draft of the Amend­ment to the Fed­er­al Pro­cure­ment...