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Marlene Wimmer-Nistelberger

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  • English
  • German
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Marlene Wimmer-Nistelberger is an attorney-at-law and partner at CMS Reich-Rohrwig Hainz in Vienna, specialising in public law. She has extensive experience in trade law, building law, environmental law, water law and waste management law, and advises national and international companies on all aspects of facility and environmental permitting law.​

A particular focus lies in representing clients in administrative permitting proceedings and administrative penalty proceedings and before administrative courts and supreme courts. In addition, she regularly supports complex corporate transactions with regulatory aspects, particularly in the context of M&A and infrastructure projects.​

Marlene Wimmer-Nistelberger is the author of numerous specialist publications, including the WEKA publication “Informations- und Geheimhaltungspflichten” (2025), and gives regular lectures on public law. She studied law at the University of Vienna and completed an LL.M. at Queen Mary University of London (top of her class). She passed the bar exam with distinction.​

Awards & Recognitions
01 –
  • Quote
    We have been guided by Marlene Wimmer-Nistelberger on the legal approach to complex EIAs, and she has been outstanding.
    Legal 500 2026
  • Quote
    Marlene Wimmer-Nistelberger knows the balance between being tough and getting to a solution. She is a very smart and pleasant lawyer.
    Chambers Europe 2026
  • Quote
    Marlene Wimmer-Nistelberger is an exceptional lawyer in the areas of EU, competition and state aid law. She is firm on the details in any European jurisdiction, is a well-known speaker on this topic and always overdelivers on any query.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger is an exceptional lawyer in administrative law and brings broad knowledge of the public sector. She is a proven expert in any part of administrative law, is a well known speaker in this matter and always delivers on any query. As soon as you involve Marlene, you can consider your issue solved.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger is able to lead through difficult and complex legal issues and questions. The necessary answers are given within a short time. Trustful attorney-client relationship.
    Legal 500 2024

Relevant experience

Trade Law & Administrative Criminal Law

  • Advising a leading global provider of EV charging solutions on public law matters, in particular building and trade law issues.
  • International retail company | Advising on obligations under waste management law and the EU Packaging Regulations  
  • Manufacturing company l Advice and representation in different administrative law proceedings following an incident.
  • Company in the packaging industry I Advice on implementing the requirements of Regulation (EU) 2022/1616 regarding materials and articles made of recycled plastic that come into contact with food
     

Environmental & Facility Law

  • International e-commerce group | Advising and representing in a major logistics project in Lower Austria. Representation throughout the entire EIA process and advising on building and operating permits.
  • International electronics company | Advising on liability issues in connection with the potential classification of a decades-old industrial site as a contaminated site under the Contaminated Sites Remediation Act.
  • International logistics park operator | Regulatory assessment of two major logistics parks in Austria, including operating permits, building law permits, zoning and environmental issues.
  • Energy and biogas company | Public law advice on the planned capacity expansion of a biogas facility, Seveso III threshold analysis, representation in the rezoning proceedings.
  • Technology company | Advising and representing in data centre projects in Austria, focusing on trade law and administrative regulatory issues. 
     

Administrative Proceedings & Supreme Courts

  • Renowned cultural institution | Representation in complex administrative proceedings based on the Act of Employment of Foreigners, including two proceedings before the Supreme Administrative Court.
  • Leading cultural institution | Representation of management in various administrative penalty proceedings under the Act of Employment of Foreigners. Strategic advice on reorganising employment processes for third-country nationals.
  • Public university | Representation of the rector in multiple administrative penalty proceedings under the Act of Employment of Foreigners. All proceedings were discontinued in favour of the client.  
  • Austrian public body | Representation in multiple proceedings before the Supreme Administrative Court concerning freedom of information and environmental information legislation. Landmark decisions relevant for a large number of similar cases.

Publications

Memberships & Roles

  • Austrian Bar Association

Education

  • 2017 - LL.M., International Business Law, The School of Law, Queen Mary University of London
  • 2014 - Mag.a iur., Law, University of Vienna 

Marlene Wimmer-Nistelberger is an attorney-at-law and partner at CMS Reich-Rohrwig Hainz in Vienna with aparticular focus on EU State Aid Law. ​

She advises funding bodies on the design and implementation of funding programs, supports public sector entities in carrying out activities in compliance with state aid rules, and assists private companies in the context of grant awards or recovery proceedings.​

She studied law at the University of Vienna and completed an LL.M. at Queen Mary University of London, specialising in EU State Aid Law (top of her class). She passed the bar exam with distinction.​

Marlene Wimmer-Nistelberger is the author of numerous publications, including the chapter on “CISAF’s De-Risking Measures” in the “Yearbook on State Aid Law” (Verlag Österreich, 2026), an article on “Recovery of Subsidies: Requirements, Limits, and Legally Sound Procedures in Cases of Contract Breaches” for the Austrian Journal of State Aid Law (to be published in fall 2026) and the WEKA publication “Informations- und Geheimhaltungspflichten” (2025). She gives regular lectures on EU state aid law, e.g. atthe KDZ Seminar (2026) and the ARS Seminar “State AidLaw in Practice” (2026).​

Awards & Recognitions
01 –
  • Quote
    We have been guided by Marlene Wimmer-Nistelberger on the legal approach to complex EIAs, and she has been outstanding.
    Legal 500 2026
  • Quote
    Marlene Wimmer-Nistelberger is an exceptional lawyer in the areas of EU, competition and state aid law. She is firm on the details in any European jurisdiction, is a well-known speaker on this topic and always overdelivers on any query.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger is able to lead through difficult and complex legal issues and questions. The necessary answers are given within a short time. Trustful attorney-client relationship.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger is an exceptional lawyer in administrative law and brings broad knowledge of the public sector. She is a proven expert in any part of administrative law, is a well known speaker in this matter and always delivers on any query. As soon as you involve Marlene, you can consider your issue solved.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger knows the balance between being tough and getting to a solution. She is a very smart and pleasant lawyer.
    Chambers Europe 2026

Relevant experience

Funding Programmes & Funding Bodies

  • Regional research funding body | Advising on numerous state aid law matters, including the design and revision of funding programmes, guidelines and funding agreements. Advising on the distinction between economic and non-economic activities and on GBER issues.
  • Funding body | Advising on state aid matters in connection with a big funding project and funding agreements, particularly regarding clawback mechanisms.
  • Biotechnology company | Advising on different subsidy-related issues in connection with an RDI project and also in the context of an impending demand for repayment
  • Funding body l Advising the client on the implementation of several funding programs under the De Minimis Regulation. The advice also covered transparency requirements based on the De Minimis Regulation and in the context of the Transparency Database Act.
  • International media group | Advising on EU and state aid law aspects in connection with funding guidelines in the media sector.
     

Public Sector

  •  Public Sector Entity l Advice related to the construction and operation of infrastructure in rural regions of Austria.
  • Operator of an Austrian infrastructure | Advising on the state aid compatibility of rent payable to the public sector, including the distinction between economic and non-economic activities.
     

Infrastructure & Investments

  • Public sector entity | Advising on fibre optic network expansion in several phases (investment volume several hundred million Euros).
  • Science centre | Advising on the financing of a construction project in compliance with EU State Aid law and in the context of securing EU funding.

Publications

Memberships & Roles

  • Austrian Bar Association

Education

  • 2017 - LL.M., International Business Law, The School of Law, Queen Mary University of London
  • 2014 - Mag.a iur., Law, University of Vienna 

Marlene Wimmer-Nistelberger is a partner at CMS Reich-Rohrwig Hainz in Vienna. She specialises in all public law and state aid aspects of energy projects, from photovoltaics to wind power, hydropower and hydrogen.​

Her expertise covers permitting procedures in trade law, building law and environmental law as well as representation in administrative court proceedings, including before the supreme courts. She also advises on EU State Aid law, particularly in relation to funding programs in the energy sector.​

Marlene Wimmer-Nistelberger is the author of numerous publications, including the chapter on “CISAF’s De-Risking Measures” in the “Yearbook on State Aid Law” (Verlag Österreich, 2026) and an article on “Recovery of Subsidies: Requirements, Limits, and Legally Sound Procedures in Cases of Contract Breaches” for the Austrian Journal of State Aid Law (to be published in fall 2026). She gives regular lectures, most recently at the Energy Community Secretariat on “State Aid in Energy: Applicable Frameworks and examples” and at the Austrian Retail Association on the new EU Packaging Regulation.​

She studied law at the University of Vienna and completed an LL.M. at Queen Mary University of London (top of her class). She passed the bar exam with distinction.​

Awards & Recognitions
01 –
  • Quote
    Marlene Wimmer-Nistelberger knows the balance between being tough and getting to a solution. She is a very smart and pleasant lawyer.
    Chambers Europe 2026
  • Quote
    We have been guided by Marlene Wimmer-Nistelberger on the legal approach to complex EIAs, and she has been outstanding.
    Legal 500 2026
  • Quote
    Marlene Wimmer-Nistelberger is able to lead through difficult and complex legal issues and questions. The necessary answers are given within a short time. Trustful attorney-client relationship.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger is an exceptional lawyer in administrative law and brings broad knowledge of the public sector. She is a proven expert in any part of administrative law, is a well known speaker in this matter and always delivers on any query. As soon as you involve Marlene, you can consider your issue solved.
    Legal 500 2024
  • Quote
    Marlene Wimmer-Nistelberger is an exceptional lawyer in the areas of EU, competition and state aid law. She is firm on the details in any European jurisdiction, is a well-known speaker on this topic and always overdelivers on any query.
    Legal 500 2024

Publications

Memberships & Roles

  • Austrian Bar Association

Education

  • 2017 - LL.M., International Business Law, The School of Law, Queen Mary University of London
  • 2014 - Mag.a iur., Law, University of Vienna 

Further reading

Insights by Marlene

PPWR in Austria: what producers and retailers need to know now

PPWR in Austria: what producers and retailers need to know now

22 Sep 2026 2 min read
PPWR | New EU packaging law now applicable: what manufacturers and retailers need to know

PPWR | New EU packaging law now applicable: what manufacturers and retailers need to know

12 Aug 2026 6 min read
CMS Expert Guide for State Aid

CMS Expert Guide for State Aid

06 Jul 2026 2 min read
CMS advises Primevest Capital Partners on the acquisition of a student residence

CMS advises Primevest Capital Partners on the acquisition of a student residence

23 Apr 2026 2 min read
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