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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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10 key as­pects of the re­vised EU com­pet­i­tion law in the field of dis­tri­bu­tion...
The new Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the new ac­com­pa­ny­ing Ver­tic­al Guidelines (VGL) were pub­lished on 10 May 2022. The new VBER will enter in­to force on 1 June 2022 and ap­ply for the next twelve years. The new VBER/VGL in­tro­duce sev
CMS Ver­gabeportal


CMS ad­vises Siemens Aus­tria on sale of Aus­tri­an fa­cil­ity man­age­ment busi­ness
Aple­ona ac­quires Siemens Ge­bäu­de­m­an­age­ment und -Ser­vices (SGS). CMS Vi­enna provides com­pre­hens­ive leg­al sup­port to Siemens Aus­tria.   Siemens Aus­tria has agreed to sell Siemens Ge­bäu­de­m­an­age­ment & -Ser­vices G.m.b.H. (SGS) to Aple­ona. The clos­ing of the trans­ac­tion is ex­pec­ted in the third quarter of the fin­an­cial year and is sub­ject to cus­tom­ary an­ti­trust ap­provals. Both com­pan­ies have main­tained a good and close re­la­tion­ship for years. SGS will be fur­ther strengthened by join­ing forces with Aple­ona, res­ult­ing in an ex­pan­ded and im­proved range of ser­vices.   Siemens Aus­tria is be­ing leg­ally ad­vised and sup­por­ted by the Vi­en­nese law firm CMS Reich-Rohr­wig Hainz un­der the lead­er­ship of Al­ex­an­der Rakosi, part­ner in the Cor­por­ate/M&A de­part­ment. The core CMS team fur­ther con­sists of M&A ex­perts Flori­an May­er, Mar­ie-Christine Lidl, Anna Hiegel­sper­ger and Mat­thi­as Emich. Sibylle Novak and Al­ex­an­der Hier­mann deal with tax law is­sues, An­drea Potz, and Jens Winter as­sist on la­bour law top­ics and Bernt Els­ner and Mar­lene Wim­mer-Nistel­ber­ger ad­vise on com­pet­i­tion law. Ad­di­tion­al sup­port dur­ing the course of the trans­ac­tion came from Daniela Ka­rol­lus-Bru­ner, Robert Keisler, Di­eter Zand­ler and Clem­ens Gross­may­er.   Al­ex­an­der Rakosi is pleased with the suc­cess­ful deal sign­ing: “We are proud to be able to sup­port Siemens on this pro­ject with a cross-de­part­ment­al team and con­trib­ute to fur­ther en­trench­ing Siemens as a fo­cused tech­no­logy com­pany in Aus­tria.”   Siemens Ge­bäu­de­m­an­age­ment & -Ser­vices ¬G.m.b.H., based in Vi­enna, is a suc­cess­ful man­u­fac­turer-in­de­pend­ent full-ser­vice pro­vider in the tech­nic­al build­ing¬ man­age­ment¬ sec­tor with around 260 em­ploy­ees. Its cus­tom­ers in­clude in­sti­tu­tions from the health care, cul­ture and edu­ca­tion, trade and lo­gist­ics sec­tors, as well as renowned com­mer­cial en­ter­prises. In the last busi­ness year, it achieved a turnover of around 75 mil­lion euros.
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.
The Private Com­pet­i­tion en­force­ment Re­view I Four­teenth Edi­tion
Private an­ti­trust lit­ig­a­tion in Aus­tria has sub­stan­tially in­creased in re­cent years. To a large ex­tent, this growth can be at­trib­uted to an in­crease of car­tel court de­cisions im­pos­ing fines against car­tel mem­bers based on in­tens­i­fied en­force­ment activ­ity of the Aus­tri­an Fed­er­al Com­pet­i­tion Au­thor­ity (FCA) and the Aus­tri­an Fed­er­al Car­tel Pro­sec­utor (with the de­cision in the El­ev­at­ors and Es­cal­at­ors car­tel case be­ing the show-starter). On the basis of these de­cisions find­ing vi­ol­a­tions of an­ti­trust law, the Aus­tri­an Su­preme Court (OGH) in sev­er­al cases has af­firmed the pos­sib­il­ity of claims for dam­ages for dir­ectly dam­aged parties as well as for in­dir­ectly dam­aged parties, in­clud­ing cases where dam­ages were al­legedly caused by car­tel out­siders (um­brella pri­cing).The com­plete "The Private Com­pet­i­tion en­force­ment Re­view" is avail­able via down­load.
CMS sup­ports OeNB as it sets course for fu­ture-proof pay­ments in Aus­tria
Over the past one and a half years, to­geth­er with Pay­ment Ser­vices Aus­tria (PSA), the Oes­ter­reichis­che Na­tion­al­bank (OeNB) (the Aus­tri­an Cent­ral Bank) has laid the found­a­tion for mod­ern­ising the pro­cessing...
An­ti­trust law and le­gis­la­tion in Aus­tria dur­ing Cov­id-19
1. In­tro­duc­tion The COV­ID-19 crisis does not stop at an­ti­trust law. In a joint state­ment dated 23 March 2020, the European Com­pet­i­tion Net­work (“ECN”), which en­com­passes the na­tion­al com­pet­i­tion...
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...
We­bin­ar I: Fund­ing in the con­text of the COV­ID-19 Pan­dem­ic
The COV­ID-19 pan­dem­ic is hav­ing a ser­i­ous im­pact on the eco­nomy. In or­der to cush­ion the eco­nom­ic con­sequences, the Fed­er­al Gov­ern­ment has set up sev­er­al sup­port pro­grammes for com­pan­ies op­er­at­ing in...
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)...
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...
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
Pack­aging solu­tions pro­vider AL­PLA and Thai PTT Glob­al Chem­ic­al Pub­lic Com­pany entered in­to an agree­ment to es­tab­lish a joint ven­ture to man­u­fac­ture and sell mech­an­ic­ally re­cycled plastics from used pack­aging...