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Portrait of Marlene Wimmer-Nistelberger

Marlene Wimmer-Nistelberger


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

Field of activity

Marlene Wimmer-Nistelberger works as a lawyer in the field of EU state aid law. She also specialises in public law, competition law & EU and public procurement law.

Previous professional experience / training

Marlene Wimmer-Nistelberger has been working as a trainee lawyer since 2014. Before that, she completed her legal training after graduating from the University of Vienna with a degree in law.

From September 2016 to October 2017, she completed a one-year LLM course specialising in International Business Law at Queen Mary University of London and continued to focus on EU state aid law. She completed her studies top of her class in her area.

In October 2018, Marlene Wimmer-Nistelberger passed the bar exam with excellent results.

Publications and lectures

Marlene Wimmer-Nistelberger is the author of several publications and gives internal and external lectures on EU state aid law and public law. Most recently, together with other lecturers, she gave the ARS seminar “State Aid in Practice”.

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Relevant experience

Involvement in providing advice and representation in public procurement review procedures for

  • an international building construction and civil engineering company in the infrastructure sector
  • an international tunnel and traffic safety company
  • a consortium regarding the regeneration of an abandoned site, including providing advice on environmental matters
  • a successful bidding consortium regarding the providing of engineering services for the Broad Gauge Project, a significant rail infrastructure project whose goal is to make the Eastern European gauge interchangeable with the Western European gauge

Involvement in advising

  • a contracting authority on the preparation and execution of a two-phase negotiation procedure
  • the Financial Market Holding Company of the Republic of Austria on the sale of a municipal bank. Advice provided on all matters regarding state aid and the bidding process
  • an international real estate company regarding state aid matters in the context of several shopping malls and retail centres in Croatia and Serbia
  • a federal medical clinic regarding the construction of new hospital facilities, with a focus on state aid law
  • a client regarding guarantees / project financing, as well as public law and regulatory matters relating to a railway project
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  • 2016-2017 - Queen Mary University of London, LL.M. in International Business Law
  • 2014 - University of Vienna, Mag. iur.
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CMS Ver­gabeportal


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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...
We­bin­ar I: Fund­ing in the con­text of the COV­ID-19 Pan­dem­ic
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08 April 2020
CMS Ex­pert Guide to state aid in the EU dur­ing coronavir­us crisis
The Coronavir­us (COV­ID-19) pan­dem­ic is hav­ing a sig­ni­fic­ant eco­nom­ic im­pact around the world. In re­sponse to this, EU Mem­ber States have es­tab­lished (or are plan­ning fur­ther) sup­port meas­ures for busi­nesses...
Se­cur­ing your com­pany's li­quid­ity
The COV­ID-19 pan­dem­ic is lead­ing to drastic leg­al and eco­nom­ic re­stric­tions world­wide. In Aus­tria too, com­pan­ies are con­fron­ted with forced plant clos­ures and delays (up to al­most com­plete stand­still)...
27 March 2020
CMS Ex­pert Guide to an­ti­trust law and le­gis­la­tion dur­ing Cov­id-19
Any busi­ness in the world could be af­fected by the coronavir­us (COV­ID-19) pan­dem­ic. For many, ur­gent meas­ures need to be taken to avoid ser­i­ous fin­an­cial con­sequences as a res­ult of these chal­len­ging...
Published in ZVB 2018/40
Prac­tic­al In­ter­faces between EU State Aid Law and Pub­lic Pro­cure­ment Law...
Privat­iz­a­tions and PPP pro­jects are es­sen­tial parts of state aid law, each of which is also closely re­lated to the prin­ciples and stand­ards of pub­lic pro­cure­ment law. For each type of pro­ject, it is ne­ces­sary...
Published in ZVB 2018/27
Prac­tic­al In­ter­faces Between EU State Aid Law and Pub­lic Pro­cure­ment Law...
Award­ing con­tracts for provid­ing ser­vices in the gen­er­al eco­nom­ic in­terest in­volves both pub­lic pro­cure­ment law and state aid law. For this reas­on, it is ne­ces­sary to ex­am­ine which types of pro­ced­ure...
State aid ex­pert Mar­lene Wim­mer-Nistel­ber­ger is now work­ing as an at­tor­ney-at-law...
Mar­lene Wim­mer-Nistel­ber­ger has spent much of her leg­al ca­reer over re­cent years mod­ern­ising and in­nov­at­ing European state aid law, hav­ing also spe­cial­ised in this area as a train­ee law­yer. As a long-stand­ing...
CMS ad­vises AL­PLA on joint ven­ture for re­cycled plastics in Thai­l­and
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April 2019
CMS Soil and Ground­wa­ter Con­tam­in­a­tion Guide
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CMS ad­vises AL­PLA on joint ven­ture in Den­mark re­gard­ing de­vel­op­ment of...
Plastic pack­aging solu­tions pro­vider AL­PLA and pa­per pack­aging ma­ter­i­als- and solu­tions pro­vider Billeru­dKor­snäs have an­nounced that they will em­bark on a joint ven­ture with the vis­ion to de­vel­op a fully...