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Public Law

Austria

The regulatory framework is becoming more and more complex and rigorous. We advise on all aspects of public commercial law and guide you through regulatory challenges - in particular cross-border trade law issues, environment and waste management, planning and building regulations and regulatory compliance. Where required we represent you before public authorities and courts, enjoying long standing experience with the Austrian Constitutional Court and the Austrian Administrative Court as well as the European Commission, the General Court and the European Court of Justice.

Despite the implementation of the single market across the EU area, many legal and factual issues need to be resolved prior the initiation of cross border commercial activities. Whether a business activity means a “regulated trade” of even a “sensitive regulated trade”, whether it takes place only sporadic or continuous, one should consider setting up a subsidiary, a branch office or just a representative office – in any case you will benefit from our sector experience and commercial understanding.

We advise and represent on the approval, amendment and conveyance for operational facilities, on environmental or planning-related issues and financial regulatory requirements. CMS has successfully advised regarding a number of industrial plants and infrastructure projects, such as power plants, refineries and airports, complex industrial site clean-ups as well as sensitive environmental transactions.

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01/01/2018
Win­ning to­geth­er
Bro­chure Pub­lic Pro­cure­ment
27 Mar 20
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
17/10/216
Flori­an Kromer is at­tor­ney-at-law in pub­lic com­mer­cial...
12 Sep 19
UK food and cos­met­ic pro­du­cers to the EU to face new reg­u­la­tions after...
As Brexit draws near­er and with the like­li­hood of an un­reg­u­lated exit still not off the table, EU-27 com­pan­ies im­port­ing or selling food or cos­met­ics from Great Bri­tain face li­ab­il­ity risks if they con­tin­ue...
29/04/2016
Aus­tri­a's best law­yers
trend
15 Jan 19
European Court of Justice rules in fa­vour of Italy’s Lotto con­ces­sion...
On 19 Decem­ber 2018, the European Court of Justice (ECJ) con­firmed that Italy’s “sole con­ces­sion­aire mod­el” for man­aging the con­ces­sion for its com­pu­ter­ised na­tion­al lot­tery and re­lated fixed-odds...
18/02/2016
Haben wir noch Rechte?
Alles Ro­ger?
04 Oct 17
Ap­plic­able threshold for the ob­lig­a­tion to con­sider the di­vi­sion of...
Art­icle 58 of the Law of 17 June 2016 on pub­lic pro­cure­ment re­quires all con­tract­ing au­thor­it­ies to con­sider the di­vi­sion of con­tracts in­to lots and, where the con­tract­ing au­thor­ity de­cides that it would...
16/12/2015
Dif­fer­ent De­mand and New Leg­al Frame­work for In­fra­struc­ture...
27 Apr 17
Pub­lic pro­cure­ment sub­con­tract­ing: re­quir­ing con­tract­or to ex­ecute...
As you will re­call, the Court of Justice ruled in a judg­ment of 14 Ju­ly 2016 (C-406/14) that a con­tract­ing au­thor­ity is not al­lowedto re­quire, by a gen­er­al stip­u­la­tion in the tender spe­cific­a­tions of...
2015-05
Ten­fold in­crease in fin­an­cial pen­al­ties: Gentle pres­sure...
10 Feb 17
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget...