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Marlene Wimmer-Nistelberger
Partner

Marlene Wimmer-Nistelberger

Languages
  • English
  • German
Social media

Marlene Wimmer-Nistelberger is a lawyer specialising in EU State Aid Law. Further areas of expertise are Public Law, Antitrust, Competition and Trade Law and Public Procurement Law

Wimmer-Nistelberger joined CMS as an associate in 2014 and became an attorney-at-law in 2019. Prior to that, she completed her judicial year after graduating from the University of Vienna with a law degree. From September 2016 to October 2017, she completed a one-year LL.M. degree in International Business Law at Queen Mary University London, further focusing on EU state aid law. She completed the degree top of her year within her specialisation. In October 2018, she passed the bar exam with distinction. 

Wimmer-Nistelberger is the author of a number of publications and gives internal and external lectures on EU state aid law and public law. 

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

Collaboration in counselling 
  • a public company with regard to compliance with state aid law and regulatory requirements.
  • a public company in the selection of a private partner (advice on various state aid law issues including bidding procedures). 
  • in the sale of a municipal bank with regard to all questions of state aid law and the bidding process. 
  • an international real estate company with regard to state aid issues in connection with various shopping centres and DIY stores in Croatia and Serbia. 
  • a hospital regarding the construction of a new hospital with a focus on state aid law, public procurement law and budget law, which was to be implemented on the basis of a PPP project. 
  • a client in relation to guarantees and project financing as well as public law and regulatory aspects regarding a railway project. 

And the implementation of numerous award procedures for a wide range of public clients. 

Involved in various companies’ consultations  
  • in a wide range of sectors regarding matters relating to trade law (business premises procedures, examination of the necessary trade licences, appointment of managing directors under trade law, etc.). 
  • regarding waste law issues. 
  • regarding a wide range of environmental law issues. 
  • in numerous residence and work permit procedures. 
Cooperation in advising and representing clients in review proceedings 
  • of international construction and civil engineering firms in the infrastructure sector. 
  • of international companies in the field of tunnel and traffic safety. 
  • of a consortium regarding the remediation of an abandoned landfill site, incl. advice on environmental law issues. 
  • of a bidder with regard to an award procedure of low-floor trams. 
  • of several bidders regarding some award procedures for construction contracts in Vienna. 

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

  • Vergabeportal

Insights by Marlene

EU Competition Law Briefing 2026 - State Aid Hot Topics

13 Mar 2026

CMS Expert Guide for State Aid

19 Jan 2026 2 min read

NewsFlash | Renewable Energy Expansion Acceleration Act – Accelerating the energy transition?

04 Nov 2025 4 min read

NewsFlash | Renewable Energy Expansion Acceleration Act – Accelerating the energy transition?

04 Nov 2025 4 min read
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