Home / CMS Lawyers in Austria / Georg Gutfleisch
Portrait ofGeorg Gutfleisch

Georg Gutfleisch

Partner

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

Georg Gutfleisch is a lawyer at the Corporate/M&A practice group of CMS in Vienna. His practice focuses on Corporate/M&A and real estate transactions, with a specific emphasis on renewable energy and ESG-related aspects. 

He regularly advises both national and international companies on transactions and investments in residential and commercial real estate in Austria, as well as in Central and Eastern Europe, including on issues related to renewable energy and sustainability.

In the course of his legal practice, he has gained significant experience with structuring and implementing projects in the area of rooftop PV, innovative energy sharing concepts as well as renewable energy communities. His clientele mainly comprises national and international companies and start-ups predominantly active in the real estate and renewable energy sectors. His main interest lies in exploring the alignment of conventional legal regimes with progressive industry advancements and emerging technologies. 

Furthermore, he is an accomplished author of numerous publications and a frequent speaker at lectures and training programmes.

more less

Memberships & Roles

  • Austrian Bar Association
  • European Law Institute (ELI), Vienna
more less

Publications

  • Co-author of the guide „Start-ups: Recht – Sicher Steuern“ von Brandl & Talos und BDO, 2020.
  • Experiences from the Implementation of the Cross-Border Mergers Directive in Austria, in Papadopoulos (Hrsg), Cross-Border Mergers (Springer, 2019), 225.
  • Seretakis/Gutfleisch, Brexit and Alternative Investment Fund Managers, Journal of International Banking Law and Regulation 34, No 4, 2019, 134.
  • Employment Issues under the European Trade Secrets Directive: Promising Opportunity or Burden for European Companies, European Company Law Journal 15, No 5, 2018, 175.
  • Prospects for Future EU Legislation on Crowdfunding and Initial Coin Offerings, Banking & Financial Services Policy Report 37, No 8, 2018, 4. 
  • Crowdfunding and Initial Coin Offerings under the EU Legal Framework, European Company Law Journal 15, No 3, 2018, 73.
  • Anwendbarkeit des NeuFöG bei (bisher) nicht auf Gewinn gerichteter Tätigkeit, ecolex 2016, 423.
  • Astl/Gutfleisch, Die GesbR-Novelle 2015 unter dem Aspekt des Umgründungssteuerrechts, ecolex 2015, 568.
  • Werner/Gutfleisch, Das Verhältnis eigener Genussrechte zu stimmrechtslosen Vorzugsaktien und eigenen Aktien, ecolex 2014, 613.
more less

Education

  • 2018 – LL.M., School of Law, Trinity College Dublin
  • 2017 – Austrian Bar Exam
  • 2013 – Mag. iur., Law, University of Vienna
more less

Feed

06/02/2024
CMS strengthens its teams in Vienna and CEE with another round of partner...
Press release - 6 February 2024
24/01/2024
Energy transition meets corporate law reform: Is the FlexCo ideal for energy...
Among the statutory models available for energy communities (ECs) in Austria – which are particularly active in the collective generation, sale, and consumption of renewable energy – both so-called...
08/01/2024
Multiple participation in Energy Communities from 2024
A provision of the Electricity Industry and Organisation Act (Elektriz­ität­swirtschafts- und or­gan­isa­tionsge­setz, ElWOG 2010) on multiple participation in energy communities has taken effect as of 1 January...
02/10/2023
Expert Guide on ESG in Real Estate
In the ever-evolving landscape of real estate development, investment, and operation, a remarkable surge in ESG (environmental, social, and governance) regulatory activity is reshaping the sector. With...
Comparable
25/02/2022
CMS participates in the Balkan Green Energy News Conference on the Changing...
The conference "Serbian Companies on the Changing Power Market" organised by Balkan Green Energy News gathered together numerous players in the renewable energy market. An industry meeting of regional importance On 22 February 2022, leading electricity market experts from Serbia and abroad met in Belgrade to discuss key issues in the Serbian energy sector. The topics were relevant for the entire region. The experts provided insights into both the way the Serbian electricity market would likely develop in the coming years and the opportunities available to various market participants. The conference offered an analysis of the most important challenges facing companies in the course of the energy transition. CMS also relies on innovative advisory products to help its clients benefit from the energy transition. The conference was opened by Serbian Deputy Prime Minister Zorana Mihajlović and Director of the Energy Community Secretariat Artur Lorkowski. CMS was a sponsor and participant of this crucial event for the energy sector and was delighted to be represented onsite by its lawyers Ivan Gazdić, partner CMS Serbia, Georg Gutfleisch, lawyer CMS Austria, and Tamara Kosi, lawyer CMS Slovenia, and Maja Živanović, Business Development Country Head, CMS Serbia, Montenegro and North Macedonia.  One step ahead in the energy crisis The 2021 energy crisis has continued into 2022 causing unprecedented increases in electricity prices across Europe. The Serbian government has put up a rescue parachute for companies and capped the electricity price at EUR 75 per MWh for the period until June 2022. However, it remains to be seen how electricity prices will develop in the medium and long term. In the coming years, the Serbian electricity market will – like the entire region – be affected by other important changes too: decarbonisation and the need to align its business with the Green Agenda; the projected growth in solar and wind capacity; the increasing attractiveness of customers producing their own energy onsite; and the carbon cap tax on exports to the EU. The conclusion was: “The event ‘Serbian Companies on the Changing Power Market’ provided an excellent opportunity for the exchange of information and ideas that are urgently needed to better understand trends in the power market and to remain competitive". The CMS Energy and Climate Change Sector Group provides leading advice products on all aspects of innovative energy, climate change and ESG.
29/12/2021
ALPLA continues to focus on sustainability: CMS advises on investment in...
Sustainability issues have become an integral part of M&A consulting. CMS Austria has already advised ALPLA, a specialist for innovative plastic packaging solutions, on several occasions in this context, once more on their current investment in the Swedish start-up Blue Ocean Closures with joint venture partner Glatfelter Corporation. The family-run group ALPLA is a leader – not only in Austria but also worldwide – in the development and production of plastic packaging solutions characterised by state-of-the-art technology as well as climate-friendly resource handling. In a joint venture with Glatfelter Corporation, ALPLA is now investing in the start-up Blue Ocean Closures. This company is developing cellulose-based products such as screw caps that are completely biodegradable. The aim of the partnership is to accelerate the market launch of these products and to support future product developments with ALPLA know-how. The innovative caps fabricated from natural fibers are an important alternative to plastic caps and are an excellent addition to the ALPLA product portfolio. ALPLA has been relying on CMS Austria’s expertise for years when making forward-looking investments like this one. Once again, the packaging specialist was advised by partner Alexander Rakosi and lawyer Georg Gutfleisch. Partner Dieter Zandler assisted on competition law issues, and legal advice under Swedish law was provided by the law firm Set­ter­walls.“When it comes to sustainability, ALPLA pursues ambitious goals and comes a good deal closer to achieving them with every single investment. At CMS, we pursue in­teg­rated sus­tain­ab­il­ity as an important advisory aspect in all specialist areas and sectors; visionary companies like ALPLA benefit from this,” says Georg Gutfleisch, M&A expert at CMS Austria.
06/10/2021
Sustainable investment at ALPLA: CMS advises on a joint venture in Romania...
In order to further expand its recycling activities, ALPLA, an internationally active specialist in innovative plastic packaging solutions, is founding a joint venture together with the Romanian company Ecohelp SRL and the Swiss company United Polymer Trading AG. ALPLA was again advised by an international CMS team led by partner Alexander Rakosi in Vienna. ALPLA has more than 25 years of experience in the field of recycling and its own recycling plants contribute to a functioning material cycle. The construction of a further recycling plant in Targu Mures, Romania, is another important step in this direction: 15,000 tonnes of post-consumer recycled PET will be produced there annually. This will then be used to produce new preforms and bottles.   The three partner companies are investing equally in the plant, with a combined total of EUR 7.5 million. Importantly, ALPLA, Ecohelp, and UPT will all contribute their own special expertise to the joint venture “PET Recycling Team Targu Mures” and create new jobs at the joint site. Subject to approval by the competition authorities, production is scheduled to start as early as the middle of next year.   “AL­PLA pursues a clear and consistent course when it comes to sustainability and circular economy. We are very pleased that we are able to support our long-standing client on this path and appreciate the trust in our legal advice and expertise ,” says Alexander Rakosi, Partner at CMS Austria.   The core team comprised lead partner Alexander Rakosi and attorney Georg Gutfleisch (Corporate/M&A) with partner Dieter Zandler and associate Vanessa Horaceck (both Competition Law) advising on competition law matters. In addition, the following CMS lawyers were part of the cross-border advisory team in Romania: Managing Partner Horea Popescu, Claudia Nagy, Cosmin Cretu, Mihai Jiganie-Serban and Cristina Ciomos.
08/09/2021
New rules for a public charging point register in Austria
Published in CEE Legal MattersThe increasing use of electric vehicles (EVs) in Austria means the supporting infrastructure requires constant development. The Austrian federal government program 2020-2024 envisages expanding the Austrian network of charging points for alternative fuels as an essential pillar of its drive towards implementing sustainable mobility solutions. In September 2020, the Austrian government followed through with its agenda by proposing the Austrian Renewable Energy Expansion Act (Erneuerbaren- Ausbau-Gesetz, EAG), which includes an amendment of the Austrian Act on Uniform Standards for Alternative Fuels Infrastructure Developments (Bundesgesetz zur Festlegung einheitlicher Standards beim In­frastruk­turauf­bau für alternative Kraftstoffe, BGFS). You can find the full article in the download section.
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...
07/12/2020
New rules on energy communities in Austria
The fight against climate change is (besides handling the current COVID-19 pandemic) arguably the most important goal of governments worldwide. However, it seems that legislative measures have so far...
01/12/2020
New rules on Energy Communities in Austria
Based on the EU’s Clean Energy for all Europeans package, Austria is one of the first countries in Europe, which has presented draft legislation on so-called energy communities. Energy communities are...
06/11/2020
CMS and KPMG Law Advise on Plastic Omnium's Establishment of Joint Venture...