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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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24/11/2022
Ver­schär­fung der Trans­par­en­zp­f­licht­en
News­flash | Nov­elle des Bundes-Ver­fas­sungs­ge­set­zes
13/09/2022
UPC Rules of Pro­ced­ure go in­to force with judg­ments to be made pub­lic
The entry in­to force of the Rules of Pro­ced­ure is part of the fi­nal pre­par­a­tions for the United Pat­ent Court (UPC), which is cur­rently ex­pec­ted to start work in early 2023. After the bod­ies of the UPC...
24/06/2022
Reg­u­la­tion on for­eign sub­sidies is head­ing for the fin­ish line - European...
Since 5 May 2022, EU tri­logue ne­go­ti­ations have been un­der­way on the first Reg­u­la­tion to lim­it the ef­fect of sub­sidies from third coun­tries to com­pan­ies act­ive in the EU. That an agree­ment will be reached...
04/11/2021
The European Com­mis­sion launches second call for large-scale pro­ject pro­pos­als...
On 26 Oc­to­ber 2021, the European Com­mis­sion has for the second time ini­ti­ated a call for pro­pos­als of large-scale pro­jects, i.e. those with a cap­it­al cost ex­ceed­ing EUR 7.5 mil­lion, in the con­text of...
26/10/2021
The European Com­mis­sion is­sues guidelines on the clos­ure of op­er­a­tion­al...
On 14 Oc­to­ber 2021, the European Com­mis­sion pub­lished its guidelines on the clos­ure of op­er­a­tion­al pro­grammes ad­op­ted for as­sist­ance from the European Re­gion­al De­vel­op­ment Fund, the European So­cial Fund...
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...