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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 year 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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  • The Private Competition Enforcement Review - Edition 12 - Austria, together with Bernt Elsner and Dieter Zandler (2019)
  • Co-Autorin des Österreich-Teils in “Benchmarking Public Procurement 2017 - Assessing Public Procurement Systems in 77 Economies”, World Bank (Co-author of the Austria part in “Benchmarking Public Procurement 2017 - Assessing Public Procurement Systems in 77 Economies”, World Bank, German publication)
  • Co-Autorin des Österreich-Kapitels des Getting the Deal Through State Aid Guides  (Co-author of the Austrian chapter of "Getting the Deal Through State Aid Guide", German publication)
  • Co-Autorin des Österreich-Teils in “Benchmarking Public Procurement 2016 - Assessing Public Procurement Systems in 77 Economies” (Co-author of the Austria part in “Benchmarking Public Procurement 2016 - Assessing Public Procurement Systems in 77 Economies”, German publication) World Bank
  • Direktvergabe dringender Krankentransportdienstleistungen im USB, ZVB 2015/76 EuGH (Direct awarding of contracts for urgent ambulance services in USB, German publication) ZVB 2015/76 EuGH, together with Bernt Elsner
  • Co-Autorin des Österreich-Kapitels des GLI "Energy-Guide" (Co-author of the Austrian chapter in GLI "Energy-Guide", German publication)
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CMS Ver­gabeportal


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