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Lukas Peissl

Partner

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

Lukas J. Peissl is an attorney-at-law specialising in Corporate Litigation, Construction Litigation and Private Clients. He mainly advises on out-of-court dispute resolution and represents companies and private individuals judicial and arbitral representation (ICC, VIAC, UNCITRAL, Swiss Rules, ad hoc) in the areas of corporate, construction and inheritance law.

Peissl also advises companies and management and supervisory board members on corporate law issues and HNI in connection with inheritance law and corporate succession issues.
Peissl joined CMS in January 2018 and became an attorney-at-law in March 2020. He previously worked as a project assistant at the Institute for Civil and Corporate Law at the Vienna University of Economics and Business Administration and at two leading international law firms, advising and representing state-affiliated and large private companies in connection with proceedings before state courts and arbitration tribunals. In addition to representing clients before (arbitration) courts, he also advises on corporate and real estate law issues, in particular post-M&A disputes. 
Peissl is the author of numerous publications in civil, corporate and construction law.
 

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Relevant experience

  • Judicial enforcement of claims based on a balance sheet guarantee in post-M&A disputes.
  • Representing a company in court on claims for performance and damages in the hundreds of millions following an unsubscribed capital increase.
  • Advice and representation in court proceedings and ad hoc arbitration proceedings on challenges to shareholders’ resolutions.
  • Advice and representation in connection with claims for damages between shareholders due to breach of fiduciary duties.
  • Extrajudicial and judicial advice to a construction consortium in infrastructure construction projects in connection with additional cost claims in the tens of millions.
  • Judicial enforcement of claims due to a breach of the prohibition of return of contributions.
  • Extrajudicial and judicial representation in connection with the defence against claims for compulsory portions in the double-digit millions.
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Memberships & Roles

  • Young Austrian Arbitration Practitioners (YAAP)
  • Austrian Society for Building Law and Construction (ÖGEBAU)
  • Austrian Bar Association
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Publications

  • Peissl/Weselik, Warnpflicht des Werkunternehmers und Mitwirkungspflicht des Werkbestellers, bau aktuell 2020, 27.
  • Comment on OGH 6 Ob 20/19p (On laesio enormis in option contracts), ecolex 2019, 885.
  • Anderl/Müller/Peissl, Der widersprüchliche Werkvertrag - Grenzen des Irrtumsrechts und alternative Lösungswege, in Berlakovits/Hussian/Kletečka (eds), Festschrift für Georg Karasek (Manz 2018), 25.
  • Comment on BGH II ZR 307/16 (Interpretation of the partnership agreement of a public limited company), GesRZ 2019, 30.
  • Reich-Rohrwig/Peissl, Pflichtteilsrecht und Privatstiftung, in LGT (ed.), Die Österreichische Privatstiftung (2018), 16.
  • Reich-Rohrwig/Peissl, Privatstiftung - Alles eitel Wonne?, Kathrein StiftungsLetter 21/2018, 24.
  • Hoch/Peissl, comment on OGH 7 Ob 67/17d (Sicherstellung bei Werkverträgen), EvBl 3/2018, 127.
  • Hoch/Peissl, comment on OGH 7 Ob 115/16m (total nullity of the contract), EvBl 23-24/2016, 1089.
  • Nimmerfall/Peissl, The Business Judgment Rule and its Impact on Austrian Law, Časopis pro právní vědu a praxis 4/2015, 352.
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Lectures list

  • Grundlagen Rechtswissenschaftliches Arbeiten, Vienna University of Economics and Business Administration, summer semester 2015.
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Education

  • 2015 - LL.M., Vienna University of Economics and Business Administration
  • 2013 - LL.B., Vienna University of Economics and Business Administration
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Feed

21/10/2024
CMS advises sellers in acquisition of PASO Solutions by Dataciders
Press release - 21 October 2024 A CMS Vienna team led by partner Florian Mayer provided comprehensive legal advice to the owners of Austrian data & AI service provider PASO Solutions in the context of its acquisition by Dataciders, a leading provider of data & AI solutions with more than 850 employees in Germany, Austria and Bulgaria. The sale closed on 10 September 2024. The parties have agreed not to disclose the details of the transaction. “We are pleased that we got to advise the sellers on this forward-looking move, and that our in­ter­dis­cip­lin­ary expertise and experienced team contributed to successfully closing the deal," said Florian Mayer, a partner at CMS Vienna and member of the Corporate Transactions team. Headquartered in Hohenzell, PASO Solutions develops and implements cus­tom­er-spe­cif­ic software solutions in data & AI, leveraging domain expertise and the capacity to deliver end-to-end solutions. Together with Dataciders, PASO provides customised solutions to turn data-based decisions into a true competitive edge. It also offers services for data management, data integration and real-time monitoring. A recognised IT service provider, PASO has now been acquired by the Dataciders Group, which aims to sustainably drive its growth and further expand its presence in Germany, Austria and Switzerland. The CMS team provided extensive legal advice on all aspects of the transaction, in particular negotiating the purchase agreement and the future involvement of the PASO Solutions team. In addition to lead partner Florian Mayer (Corporate/M&A), the transaction team included partner Lukas Peissl (Corporate Litigation), senior associate Thomas Aspalter (Tax), associate Rebecca Herlitz (Corporate/M&A) and associate Sebastian Aschl (Corporate Litigation). The buyer side was advised by Hermann Schneeweiss (Schneeweiss Weixelbaum Rechtsanwälte GmbH).
23/05/2024
Austrian Supreme Court decision scrutinises companies’ arbitration clauses
NewsFlash | 23 May 2024
16/04/2024
CMS announces 54 new partners across international offices
International law firm CMS is pleased to announce the promotion of 54 new partners. The new partners are based in 24 cities in 17 countries around the world, reflecting the firm's international strength and depth. Women account for 41% of all global promotions. Pierre-Sé­bas­tien Thill, CMS Chairman, comments: “Con­grat­u­la­tions to our new partners. In addition to their legal expertise and cutting-edge sector knowledge, they demonstrate deep curiosity about future business challenges and opportunities as well as help foster a culture of innovation, inclusivity and sustainability within our organisation. All these are traits needed to help our clients, and CMS, prepare for the world of to­mor­row.”CM­S's annual partner promotions take into account promotions that take effect between 2 May 2023 and 1 May 2024. The full list of new Partners can be found below:
21/01/2021
Contingency planning with proxies in Austria
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...
Comparable
19/03/2020
The impact of COVID-19 on construction contracts
Since Monday, 16 March 2020, 00:00 hours, the Federal Act on Provisional Measures to Prevent the Dissemination of COVID-19 (COVID-19 Measures Act) has been in force. The ordinance based on it, Federal...