CMS Tax News | March 2024

CMS Tax News | May 2023

Press release - 03 March 2023An international CMS team advised DPE Deutsche Private Equity GmbH (DPE) on all aspects of the transaction. The team included lawyers from CMS offices in Germany, Austria, Switzerland, Italy, Belgium, Romania and Poland.   DPE is selling its stake in VTU Group, a leading European provider of engineering solutions for the life science industry based in Graz, to Altor Funds. The Swedish private equity firm, which invests in mid-sized companies with the aim of creating value through growth initiatives and operational improvements, prevailed in a bidding process. The sellers, DPE-owned funds, were advised on all aspects of the transaction by an international CMS team led by Hendrik Hirsch (CMS Germany). The transaction is subject to the requisite approvals from the competent authorities. The parties have agreed not to disclose further details of the trans­ac­tion.   The CMS Austria team led by Alexander Rakosi consisted of corporate/M&A experts Florian Mayer, Marco Selenic and Christoph Birner. The employment department was represented by Jens Winter and Shima Babanzadeh. Competition issues were handled by Dieter Zandler. Real estate law expertise was provided by Mariella Kapoun and Maximilian Uidl. Marlene Wim­mer-Nistel­ber­ger was in charge of public law issues and Thomas Aspalter saw to tax is­sues.   Al­ex­an­der Rakosi, partner at CMS in Vienna and leader of the Austrian team, is enthusiastic about the cross-border cooperation: “Once again, we were able to demonstrate our international expertise, especially in the private equity area, in a multi-jur­is­dic­tion­al project – congratulations to all involved!”

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Published on CEE Legal Matters | February 23, 2022 CMS has advised Greiner on the sale of its extrusion division, including operational assets in Austria and the Czech Republic, to Nimbus. KPMG Legal advised Nimbus. Greiner is an Austrian plastics and foam specialist company.

Shortly before the beginning of the year, CMS Austria supported the Austrian plastics and foam specialist Greiner AG on the successful sale of its extrusion division, including the associated operational real estate in Nußbach, Upper Austria, and Trhové Sviny, Czech Republic. On 21 December 2021, the German Federal Cartel Office approved the sale of the Austrian- based Greiner Extrusion Group (GEG) to the Dutch-German investment company Nimbus – the majority owner, amongst other things, of bat­ten­feld-cin­cin­nati, one of CEG’s competitors with subsidiaries in Germany, Austria, the USA and China. The now affiliated companies intend to exploit synergies in purchasing, at least. Otherwise, both entities will remain independent companies with their organisational structures and market presence. As part of the transaction, the experts of the CMS advisory team, led by Alexander Rakosi, Florian Mayer and Anna Hiegelsperger, had to navigate numerous complex legal topics on trans­ac­tion-re­lated aspects as well as in the areas of real estate law and an­ti­trust/com­pet­i­tion law. The internationally experienced team of experts at CMS Austria also included Dieter Zandler (antitrust law), Vanessa Horaceck (competition law), Hans Lederer (trademark law), Johannes Hysek (real estate law), Mariella Kapoun (real estate), Sibylle Novak (international tax law), Thomas Aspalter (tax law), Cornelia Kreuth (M&A), Christoph Birner (financing) and Alexandros Hantasch (corporate trans­ac­tions). In addition, the Austrian advisory team was also supported by colleagues from other CMS offices. The international CMS team consisted of Stepan Havranek (CZ), Eva Bryndova (CZ), Michael Munzinger (PRC), Lei Shi (PRC), Dipesh Santilale (UK), Sabby Kenzie (UK), Margaux Deuchler (F), Thomas Hains (F), Blazej Zagorski (PL) and Marta Osowska-Buba (PL). Lead partner Alexander Rakosi happily notes: “International transactions bring multi-faceted challenges. We are glad to have been able to provide comprehensive legal advice to the Greiner Group from project kick-off to its successful closing across all countries.”

1. Are proxies used in contingency planning? Austrian civil law provides for the instrument of a precautionary proxy (Vor­sorge­voll­macht) as well as provisions on (standard) proxies. It is noteworthy...

CMS Austria has advised Topinstallateur GmbH on the sale of a majority stake in the company to Germany's Auctus investment fund. Auctus was advised by Herbst Kinsky. The whole article is available h...