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Public Law

Law firm for public law

The regulatory framework for companies is becoming increasingly restrictive. We offer our clients a broad range of advisory services to help them make the best possible use of the room for manoeuvre that remains. This includes all aspects of public law – in particular:

  • Trade Law,
  • Antitrust law,
  • Environmental law,
  • Waste law, water law, forestry law,
  • Regional planning and public building law,
  • The law covering foreign nationals, citizenship,
  • Foreign trade law,
  • Postal Market Law, 
  • Public procurement law,
  • Representation before authorities and courts,
  • Representation before the Constitutional and Administrative Courts,
  • Representation before European bodies, and
  • Business administration law.

Mastering all the requirements of European commercial law and public law with the right contact partner

Despite the internal market having been implemented across the European area, many factual and legal questions need to be resolved prior to taking up a commercial activity. Whether a business activity is a “regulated trade” or even a “sensitive regulated trade”, whether the cross-border activity is just temporary or permanent, whether establishing a subsidiary, a branch office, or just a representative office – you can benefit from our lawyers’ long-standing expertise in business law.

Comprehensive advice on having projects in Austria green-lit

We also advise and represent your company concerning the approval, modification, and conveyance of operating facilities, environmental and planning law issues, and regulatory framework conditions. CMS has successfully assisted in gaining approval for operating facilities and infrastructure projects such as:

  • Complex remedial strategies for contaminated sites and
  • Environmentally sensitive transactions.

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Our at­tor­neys-at-law for pub­lic law

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01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
10/05/2021
Avoid crim­in­al li­ab­il­ity dur­ing the crisis
The COV­ID-19 pan­dem­ic has caused a ser­i­ous eco­nom­ic crisis in Aus­tria. Large cor­por­a­tions as well as in­di­vidu­al busi­nesses have been af­fected – es­pe­cially in the areas of gast­ro­nomy, ac­com­mod­a­tion...
01/04/2021
Up­date on the Re­new­able En­ergy Ex­pan­sion Act
In March 2021, the gov­ern­ment presen­ted its fi­nal ver­sion of the Re­new­able En­ergy Ex­pan­sion Act (Erneuerbar­en-Aus­bau-Ge­setz, "REEA") aimed at re­shap­ing the Aus­tri­an leg­al frame­work on re­new­able en­ergy...
26/03/2021
Bid rig­ging in pro­cure­ment pro­ced­ures
The European Com­mis­sion (“Com­mis­sion”) has pub­lished a No­tice about deal­ing with agree­ments aimed at dis­tort­ing com­pet­i­tion. The Com­mi­s­ion­s' "No­tice on tools to fight col­lu­sion in pub­lic pro­cure­ment...
09/02/2021
BAT con­clu­sions for large com­bus­tion plants an­nulled – What next?
On 27 Janu­ary 2021 the Gen­er­al Court of the European Uni­on de­clared the so-called BAT con­clu­sions for large com­bus­tion plants an­nulled. It is worth con­sid­er­ing what this rul­ing really means and what it...
15/12/2020
Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
27/05/2020
Get fin­an­cial sup­port from the state
Loss in in­come un­der the Aus­tri­an Epi­dem­ics Act Many com­pan­ies com­plain that the emer­gency aid from hard­ship funds, short-time work and bridging loans is too low, comes too late and is as­so­ci­ated with...
05/05/2020
Coronavir­us crisis: More flex­ib­il­ity for European struc­tur­al and in­vest­ment...
On 23 April 2020, the European Uni­on ad­op­ted Reg­u­la­tion (EU) N° 2020/558 on spe­cif­ic meas­ures to provide ex­cep­tion­al flex­ib­il­ity in the use of European Struc­tur­al and In­vest­ment Funds in re­sponse to...
04/05/2020
In­ter­na­tion­al Law in times of crisis: COV­ID-19 and For­eign In­vest­ments
As the COV­ID-19 pan­dem­ic con­tin­ues to un­ravel without re­gard to na­tion­al bor­ders, coun­tries around the world are faced with both pub­lic health and eco­nom­ic is­sues on a scale not pre­vi­ously seen. In this...
01/04/2020
Guid­ance for pub­lic pro­cure­ment pro­ced­ures in Aus­tria dur­ing the COV­ID-19...
Spe­cif­ic amend­ments to the leg­al pro­vi­sions re­gard­ing pub­lic pro­cure­ment law have not been is­sued yet.1 Nev­er­the­less, the cur­rent situ­ation af­fects pub­lic pro­cure­ment. On­go­ing pub­lic pro­cure­ment pro­ced­ures...
27/03/2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
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...
12/09/2019
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...