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Portrait ofMariella Kapoun

Mariella Kapoun


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

Mariella Kapoun is a lawyer specialising in real estate and construction law. She advises national and international clients on the full spectrum of real estate transactions – including forward funding and forward purchase deals as well as sustainable investments (due diligence and drafting contracts according to ESG criteria). 

Her areas of expertise include all aspects of property law (e.g. purchase agreements, easements, condominium ownership, issues relating to buildings on third parties’ land, land transfer law and land register), residential and commercial tenancy law (office, retail, logistics), hotel leases, real estate brokerage law as well as planner, construction and developer contract law, including representation in court and administrative proceedings. 

Mariella Kapoun also supports clients in the interface with new technologies, digitalisation and blockchain.

She regularly lectures in the field of real estate and construction law, in particular at the Vienna University of Applied Sciences (FH Wien) and the ARS Academy Vienna.

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'[...] Kapoun fällt als schnelle Denkerin und präzise Beraterin ins Auge'

JUVE, 2023

“[...] a key figure in the team for real estate litigation [...]”

The Legal 500 LMEA, 2023

'Fantastische Nachwuchsanwältin' (Wettbewerber)

JUVE, 2023

'Hervorragende Verhandlerin, bestens vernetzt in der Immobilienbranche, großes Fachwissen' (Mandant)

JUVE, 2023

“Mariella Kapoun has a high level of skill and a pragmatic approach.”

The Legal 500 LMEA, 2023

“Flexible. All employees are perfectly aligned with the mission and are always up to date.”

The Legal 500 LMEA, 2023

'Äußerst genau und zuverlässig, durchdringt komplexe Themen sehr schnell' (Mandant)

JUVE, 2023

Relevant experience

  • Advising Allianz Real Estate on the acquisition of the landmark office project “THE ICON VIENNA”, at Vienna’s new Central Station, for several Allianz companies.
  • Advising an article 9 green impact fund in connection with the acquisition of two sustainable residential projects in Vienna, structured as a forward funding deal. 
  • Advising one of the world's leading universities in connection with the lease and multi-million euro refurbishment of its new headquarters in Vienna. (>30,000m²). 
  •  Advising an Austrian bank in connection with the financing of two logistics properties. 
  • Advising commonsun GmbH, an innovative service provider in the residential photovoltaics business in Austria, in its foundation process and the corporate set-up.
  • Advising a global hospitality group on various lease-related matters in Austria. 
  • Advising a market-leading asset management company on the acquisition and the development of a logistics project in Austria.
  • Advising a German hotel chain in connection with lease and tax issues.
  • Advising a world-leading company for electric cars on the rental of various delivery/service/sales centres throughout Austria.
  • Advising the Australian crude oil explorer, ADX ENERGY LTD, in connection with the take over the major domestic Zistersdorf & Gaiselberg oilfields from Austria’s oldest exploration and production company RAG.
  • Advising on the sale of a 4-star hotel in Kitzbühel, Tyrol.
  • Advising Arena Hospitality Group (AHG) on the acquisition of FRANZ ferdinand Mountain Resort Nassfeld.
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Memberships & Roles

  • Young Austrian Arbitration Practitioners (YAAP)
  • Austrian Society for Building Law and Construction (ÖGEBAU)
  • Member of the governing body of the Lawyers’ Association
  • Austrian Bar Association
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Awards & Rankings

  • JUVE "14 unter 40" [14 under 40]
  • Rising star in Real Estate and Construction law, JUVE 2023
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Lectures list

  • The basics of land register and land transfer law, KDZ – Zentrum für Verwaltungsforschung, 10.10.2023.
  • Land Register Law and Credit Security, Seminar, ARS Academy, 25.01.2023.
  • Land Register Law and Credit Security, Seminar, ARS Academy, 17.06.2021.
  • Property Development (Planning and Construction Contracts), Vienna University of Applied Sciences.
  • Regular lecturing activities in the field of real estate and construction contract law.
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  • 2017 – Bar exam (with distinction)
  • 2014 – Mag. iur., Law, University of Vienna
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Immo Road Map Austria
Your companion for real estate development in Austria


Expert Guide on ESG in Real Estate in Austria
De­veloper­In­vestorOwn­er De­veloper/Con­struct­or 1. What are the currently applicable emission reduction goals and relevant  provisions for green real estate developments? Buildings produced 8.1M tons...
Immo Road Map Austria
Your companion for real estate development in Austria
CMS advises DPE on sale of VTU
Press release - 03 March 2023An international CMS team advised DPE Deutsche Private Equity GmbH (DPE) on all aspects of the transaction. The team included lawyers from CMS offices in Germany, Austria, Switzerland, Italy, Belgium, Romania and Poland.   DPE is selling its stake in VTU Group, a leading European provider of engineering solutions for the life science industry based in Graz, to Altor Funds. The Swedish private equity firm, which invests in mid-sized companies with the aim of creating value through growth initiatives and operational improvements, prevailed in a bidding process. The sellers, DPE-owned funds, were advised on all aspects of the transaction by an international CMS team led by Hendrik Hirsch (CMS Germany). The transaction is subject to the requisite approvals from the competent authorities. The parties have agreed not to disclose further details of the trans­ac­tion.   The CMS Austria team led by Alexander Rakosi consisted of corporate/M&A experts Florian Mayer, Marco Selenic and Christoph Birner. The employment department was represented by Jens Winter and Shima Babanzadeh. Competition issues were handled by Dieter Zandler. Real estate law expertise was provided by Mariella Kapoun and Maximilian Uidl. Marlene Wim­mer-Nistel­ber­ger was in charge of public law issues and Thomas Aspalter saw to tax is­sues.   Al­ex­an­der Rakosi, partner at CMS in Vienna and leader of the Austrian team, is enthusiastic about the cross-border cooperation: “Once again, we were able to demonstrate our international expertise, especially in the private equity area, in a multi-jur­is­dic­tion­al project – congratulations to all involved!”
Rohlik – parent company of Gurkerl.at – receives 220 million euros of Series...
The new capital will be used both to finance the online grocer’s continued expansion in Germany, Italy, Spain and Romania and to drive forward technical in­nov­a­tion.Foun­ded in 2014, online grocer Rohlik, which revolutionised grocery in Austria with gurkerl.at, is one of the fastest growing retailers in the Czech Republic and the entire CEE region. Promising delivery just 90 minutes after an order is placed, the company already supplies more than one million customers with more than 17,000 products. Rohlik now not only offers its delivery service in Vienna (gurkerl.at), but also in Prague (rohlik.cz), Budapest (kifli.hu), Munich and Frankfurt (knuspr.de). Soon the service plans to launch in Hamburg, Milan (sezamo.it), Bucharest (sezamo.ro) and Madrid (sezamo.es). The fresh capital will be used to finance continuing expansion and drive technical in­nov­a­tions.Al­ex­an­der Rakosi, Partner in the CMS Vienna Corporate Transactions Team, is delighted with the deal: “Such a large cross-border transaction always raises a number of complex legal and organisational issues that require sound legal expertise and a well-coordinated transaction team. Our international network enables us to provide our clients with comprehensive advice and access to seasoned experts in all coun­tries.”Man­aging Partner of CMS in Prague and Bratislava, Helen Rodwell, is also pleased about the successful closing: “We are proud to have been able to accompany this new financing round. Rohlik’s unique offering and first-class service make it an attractive growth candidate for investors cautious due to the current economic and geopolitical climate. As a leading international law firm – with a significant presence in CEE and many other European countries – CMS is ideally placed to provide legal support for this kind of cross-border trans­ac­tion.”The Austrian CMS legal team in Vienna included Alexander Rakosi and Florian Mayer (Corporate Law/M&A), Anna Hiegelsperger (Corporate Law/M&A), Jens Winter (Employment & Pensions), Sonja Otenhajmer (Dispute Resolution), Mariella Kapoun (Real Estate & Construction) and Maximilian Uidl (Real Estate & Construction). The international CMS legal team was led by experienced CMS partner Helen Rodwell (CMS Czech Republic) and consisted of David Cranfield (CMS Romania), Štěpán Havránek and Tristan O'Connor (CMS Czech Republic); and Moritz Kopka (CMS UK). Also advising were Florian Kamienke and Oliver Thurn (CMS Germany); Miklos Boros (CMS Hungary); José Luis Rodriguez and Carlos Peña (CMS Spain); Cristina Ciomos and Rodica Manea (CMS Romania); and Alessandra Cuni, Sara Tammarazio and Daniela Murer (CMS Italy). 
CMS and KPMG Legal Advise on Greiner’s Sale of Extrusion Division to Nimbus
Published on CEE Legal Matters | February 23, 2022 CMS has advised Greiner on the sale of its extrusion division, including operational assets in Austria and the Czech Republic, to Nimbus. KPMG Legal advised Nimbus.Greiner is an Austrian plastics and foam specialist company.
An international expert team from CMS advises Greiner AG on the successful...
Shortly before the beginning of the year, CMS Austria supported the Austrian plastics and foam specialist Greiner AG on the successful sale of its extrusion division, including the associated operational real estate in Nußbach, Upper Austria, and Trhové Sviny, Czech Republic. On 21 December 2021, the German Federal Cartel Office approved the sale of the Austrian- based Greiner Extrusion Group (GEG) to the Dutch-German investment company Nimbus – the majority owner, amongst other things, of bat­ten­feld-cin­cin­nati, one of CEG’s competitors with subsidiaries in Germany, Austria, the USA and China. The now affiliated companies intend to exploit synergies in purchasing, at least. Otherwise, both entities will remain independent companies with their organisational structures and market presence. As part of the transaction, the experts of the CMS advisory team, led by Alexander Rakosi, Florian Mayer and Anna Hiegelsperger, had to navigate numerous complex legal topics on trans­ac­tion-re­lated aspects as well as in the areas of real estate law and an­ti­trust/com­pet­i­tion law. The internationally experienced team of experts at CMS Austria also included Dieter Zandler (antitrust law), Vanessa Horaceck (competition law), Hans Lederer (trademark law), Johannes Hysek (real estate law), Mariella Kapoun (real estate), Sibylle Novak (international tax law), Thomas Aspalter (tax law), Cornelia Kreuth (M&A), Christoph Birner (financing) and Alexandros Hantasch (corporate trans­ac­tions). In addition, the Austrian advisory team was also supported by colleagues from other CMS offices. The international CMS team consisted of Stepan Havranek (CZ), Eva Bryndova (CZ), Michael Munzinger (PRC), Lei Shi (PRC), Dipesh Santilale (UK), Sabby Kenzie (UK), Margaux Deuchler (F), Thomas Hains (F), Blazej Zagorski (PL) and Marta Osowska-Buba (PL). Lead partner Alexander Rakosi happily notes: “International transactions bring multi-faceted challenges. We are glad to have been able to provide comprehensive legal advice to the Greiner Group from project kick-off to its successful closing across all countries.”
ALPLA continues to expand: CMS advises on acquisition of packaging manufacturer...
The internationally active specialist in recycling and packaging solutions ALPLA is adding to its already broad product portfolio. ALPLA was advised by CMS again on its recent acquisition of Wolf Plastics Group.
CMS Vienna advises Modine on sale of Austrian automotive business
US-based Modine Manufacturing Company, a diversified global leader in thermal management technology and solutions, is selling part of its European air-cooled automotive business, including its manufacturing...
Law and regulation of rental agreements in Austria during Covid-19
Updated on 01.04.2020. 1. Is a lessee eligible for rent reduction due to a significant decline in footfall and consequently its turnover as a result of COVID-19? No, in principle not (unless in case...
Insolvencies in the construction industry as a result of COVID-19
The COVID-19 pandemic is leading to major economic challenges worldwide. In Austria, too, companies in key sectors such as the construction industry have been strongly affected by the crisis. Many companies...
COVID-19 - Waiving the obligation to pay rent?
1. general information on the cancellation of the obligation to pay rent According to § 1104 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, "ABGB"), the obligation to pay interest...
CMS advised GRAPHA-Holding AG on the acquisition of POLYDATA AG
CMS advised GRAPHA-Holding AG on the acquisition of POLYDATA AG An international team of CMS Switzerland, Austria and Germany under the lead of Stefan Brunnschweiler (CMS Switzerland) has advised GRAPHA-Hold­ing...