Markus Fell­ner

Leaders in Law endorses Markus Fellner as our exclusively recommended Banking & Finance Law expert in Austria. If you wish to get in touch with Markus please use the contact information provided above.

Markus Fellner is a founding partner at fwp and specialises in banking and finance, corporate and M&A, insolvency law and restructuring, and dispute resolution.

As a specialist speaker and author of specialist publications on banking & finance, company law, insolvency law as well as restructuring, Markus Fellner, with the support of his team, stands for exceptional quality, profound expertise and long-term experience. His clients include both domestic and international companies and financial institutions. The international character of the Austrian business law firm fwp is highlighted by regular cooperation with leading partner law firms in a network spanning all relevant jurisdictions.

Practice Areas

Sectors

Languages

  • German
  • English
  • Italian

Education

  • Dr. iur., University of Vienna, 1994
  • Mag. iur, University of Vienna, 1992
  • Mag. rer. soc. oec., Vienna University of Economics and Business, 1989

Professional background

  • Partner with Fellner Wratzfeld & Partners since 1999
  • Admitted to the Austrian bar in 1998
  • Auditing assistant with a highly reputed chartered accountant
  • Legal expert in a Viennese business law firm

Firm Description:

Fellner Wratzfeld & Partners is a well-respected player in the reorganisation and restructuring space and has traditionally focused on advising credit institutions but has steadily expanded its client share in the corporate arena. The team led by founding partner Markus Fellner is a key fixture on some of Austria’s most high-profile restructurings such as the restructuring of the Steinhoff Group and is well equipped to assist clients with associated distressed M&A transactions and insolvency proceedings, including enforcement claims. Florian Kranebitter is the main contact for refinancing and debt restructuring. Associate Stefan Sallat is noted for his expertise in contentious and non-contentious restructuring scenarios.

 

Dr. Johannes Hochleitner

Leaders in Law endorses Johannes Hochleitner as our exclusively recommended M&A Law expert in Austria.  If you wish to get in touch with Johannes please use the contact information provided above.

The practice of Dr. Johannes Hochleitner focuses on corporate law and the areas of the law related with it. In particular, Dr Johannes Hochleitner is an expert regarding group reorganisations, mergers & acquisitions, and other complex transactions.

Johannes Hochleitner is also supporting shareholder meetings and consulting advisory boards as well as management boards on sophisticated legal questions. Moreover, Johannes is an expert in corporate litigation.

Career History:

Johannes Hochleitner has been an independent attorney in Eferding since September 1986.

Johannes Hochleitner graduated from the University of Salzburg law school in July 1981. After his practical training at the Eferding district court and the Wels regional court from August 1981 to April 1982, Johannes Hochleitner worked in his father’s law firm as an associate from May 1982 to August 1986.

Besides his activity as a lawyer Johannes Hochleitner was a member of the community board of the city of Eferding as a city councillor from 1989 to 1999, where he was responsible for the building department and the department of real estate.

In 2002 and 2007 Johannes Hochleitner contributed to the further development of the law firm by establishing its offices in Perg and Linz.

In 2002, Johannes Hochleitner has been appointed as examination commissioner at the Linz Higher Regional Court for bar examinations.

Firm Overview:

Hochleitner Rechtsanwälte is connecting tradition with innovation. Our law firm is able to look back on many years of experience, but does not hesitate going new ways with our clients.

What makes us special is our expertise and skills in connection with individual care. This is made possible by our lawyers and employees, distributed on multiple locations in the whole economic region of Upper Austria.

 

Dr. Albert Birkner, LL.M.

Leaders in Law endorses Dr. Albert Birkner as our exclusively recommended Private Clients & Trust expert in Austria. If you wish to get in touch with Dr. Albert please use the contact information provided above.

Managing Partner Albert Birkner is Head of Department of Takeovers & Antitrust. Albert became partner at CERHA HEMPEL in 2004 and has been with the firm since 1995. He completed his education at the University of Vienna (Mag. iur. 1992, Dr. iur. 1995) and at the University of Cambridge (LLM 1995). Albert specializes in mergers and acquisitions, public takeovers, corporate reorganizations and restructurings, as well as joint ventures with a special focus on Austria and Central and Eastern Europe (CEE/SEE). He has developed particular expertise in the fields of structuring and implementation of corporate transactions, takeover mechanics and the modelling of co-ownership structures.

Albert has been and is a lead partner on many prominent matters for several years already and holds an extremely vast track record. He is an author and regular contributor of a number of publications. He is frequently named as a leading individual within other guides, journals, publications, etc. and often referred to as an expert within his field.

Admission Functions

– Attorney at Law, Austria (2000)
– Attorney at Law, Czech Republic (2000)

Practice Areas

– MAVOCO AG (Supervisory board)
– Amisola Immobilien AG (Supervisory board)
– Estrella Immobilieninvest AG (Supervisory board)
– Novoreal Immobilieninvest AG (Supervisory board) – red stars.com data AG (Supervisory board)
– Worthington Cylinders (Supervisory board)

  • – Mergers & Acquisitions
  • – Corporate
  • – Private Clients & Trust
  • – Private Equity & Venture Capital Memberships

– Insolvency & Restructuring

Education

  • – University of Vienna
    (Mag. iur. 1992, Dr. iur. 1995)
  • – University of Cambridge (LL.M. 1995)

– Vienna Bar Association
– Czech Bar Association
– International Bar Association
– Wiener Advokatengesellschaft UNION

Languages

– German – English

Firm Description

Our focus is on supporting our clients in their corporate decision-making process. This means we do not content ourselves with standard solutions, instead we strive to develop and provide the best possible solutions for every challenge, tailored to each client’s needs.

On the one hand, this demands extensive specialist knowledge, motivation and commitment, and on the other, an excellent understanding of our clients’ businesses. Through our organisational structure, which allies our core teams with particular specialists, we are able to manage clients and transactions efficiently and effectively.

At CERHA HEMPEL, we are proud to be able to look back on a very successful history. Over the past 25 years, CERHA HEMPEL has been involved in a large number of the most significant transactions in Austria. This is what really distinguishes us as one of the leading law firms in the fields of mergers and acquisitions, IPOs, takeovers, privatisations, financing, and real estate and construction. We also enjoy an enviable reputation for our handling of large-scale commercial litigation and arbitration. The fact that we understand our clients’ businesses has helped us achieve a high rate of success. It is no coincidence that we are the first port of call for a number of long-term clients whom we advise comprehensively on all of their day-to-day legal matters. We apply our litigation experience when drafting agreements and are often able to prevent disputes with our clients’ counterparties before they arise. This expertise – combined with our years of experience in Central and Eastern Europe and our Lex Mundi network – ensures that our clients receive high-quality and sound advice, across disciplines and across borders.

 

Bernt Elsner

Leaders in Law endorses Bernt Elsner as our exclusively recommended Antitrust Law expert in Austria. If you wish to get in touch with Bernt please use the contact information provided above.

Bernt Elsner is partner and global head of the CMS Public Procurement Group. He is a leading expert in the fields of public procurement, antitrust and public law. He studied law at the University of Vienna and business administration at the Vienna University of Economics and Business Administration. In 1993-94 he worked as a research assistant at the Austrian Constitutional Court for the constitutional judges Prof. Dr. Karl Spielbuchler and Prof. Dr. Karl Korinek. In 1997 he practised European competition law at Cleary Gottlieb Steen & Hamilton in Brussels.

From 2004 to 2010 he was Managing Partner of CMS Reich-Rohrwig Hainz. He has more than 23 years of professional experience in Vienna and Brussels.Bernt Elsner is one of the leading Austrian experts in the dynamic and constantly changing field of public procurement law. His numerous publications and lectures have had a significant impact on Austrian public procurement law.He advises public entities on the structuring of complex tenders, advises bidders on their participation in award procedures, especially public-private partnerships (PPP projects), and frequently represents them in public procurement disputes. He has extensive experience in tender-relevant compliance issues.Bernt Elsner defines his goals as head of the global CMS Public Procurement Practice Group as follows: ”I would like to position CMS as the first point of contact for companies seeking comprehensive top-level advice in tenders across several European jurisdictions.”

“The aim of public procurement law is to ensure fair rules of the game for all competitors, enabling public authorities to identify the tender offering the best value for money. The best solution is the right combination of total ownership cost, environmental impact and a sustainable outcome in the interest of future generations.”IndustriesBernt Elsner has extensive industry experience in construction and infrastructure, healthcare, finance, energy and waste management.

Lecturing

Bernt Elsner is an active lecturer in the field of public procurement law at the University of Vienna and at numerous public procurement conferences and seminars. He was head of the MANZ Annual Conference on Public Procurement Law 2019.

Publications and articles

Bernt Elsner is the author of six specialist books on public procurement law as well as numerous book contributions and essays. He also co-edits the leading Austrian journal on public procurement law Zeitschrift fur Vergaberecht und Bauvertragsrecht (Journal for Public Procurement Law and Construction Contract Law).”Public procurement law is exciting because it lies in the field of tension between European Union law and national law, public and private law, federal and regional law as well as between law, technical planning and operational calculation. The complexity of large tendering procedures requires a respectful exchange between different professional disciplines, which requires many years of experience in the sector.”

Ranking

Chambers & Partners place Bernt Elsner unanimously in Band 1, describing him as a “brilliant public procurement lawyer”(2014), Legal500 note he is “very fast, precise and pragmatic” (2016). Who’sWhoLegal describes him as a “sensational lawyer” who combines “deep expertise with business competence”(2015). IFLR has named him “Market Leader” (2019) in the field of energy and infrastructure, Best Lawyers named him “Lawyer of the Year in European Law” (2019).

Roles

Bernt Elsner is global head of the CMS Public Procurement Practice Group. In this role, he leads an international team of more than 150 public procurement experts working at 50 locations in 40 countries. He also leads the Austrian teams for public procurement, EU competition and public law.

Firm Description

Are you a company operating in Austria or looking to do business abroad and are faced with a complex legal issue that cuts across national borders? CMS has 75 lawyers based in Vienna who are specialised in finding solutions for exactly these kinds of legal challenges.

Whatever your situation, we can help. Whether you need support with takeovers, disposals or cross-border restructurings, our experienced Corporate and M&A experts offer you not only legal advice but also support in transaction management. In the areas of financing and capital market emissions, we guide you in all legal and tax matters, both nationally and internationally. If you are involved in an arbitral conflict, our Dispute Resolution team develops the right tactics and strategy to help you navigate the process. With us, your real estate and construction project is in good hands during all phases thanks to our deep sector knowledge and technical expertise. As Austria’s leading labour law team, specialised in employment issues that matter most to your business, we can guide you through legal intricacies. Additionally, we provide advice in compliance and industrial property rights as well as tax, competition, public procurement and IT law.

Business does not stop at borders – and it should not be hindered by local legal particularities and cultural differences. Through the unique local presence of CMS in all key West European markets as well as in the CEE/SEE regions, you have us as an experienced partner to help with your particularly difficult legal and strategic challenges in cross-border activities. For more than 45 years, we have successfully been working on the advancement of legal frameworks for our clients. We view our expertise not as an end in itself, but as a tool to find solutions to your legal problems and help ensure the continuity and continued success of your business.

 

Christian Marth

Leaders in Law endorses Christian Marth as our exclusively recommended Real Estate Law expert in Austria. If you wish to get in touch with Christian, please use the contact information provided above.

Christian Marth is a founding partner at Vavrovsky Heine Marth Rechtsanwälte in Vienna. He is among the premier real estate lawyers in Austria, best known for his involvement in complex national and cross-border real estate transactions regarding all asset classes (commercial, office and residential properties) as well as hotels, micro-living projects such as student accommodation and retirement homes.

Leading national and international players, among which are several high caliber (open) real estate funds as well as public sector clients, trust his expertise.

In addition to real estate transactions, Christian also focuses on real estate project development and matters relating to tenancy and real estate brokerage law.

Firm Description

Your goal is our goal. We go the extra mile to achieve it.

We thrive on making bold decisions and finding exceptional solutions for exceptional situations. That is our passion. As advisors, sparring partners and confidants we support you in conflict prevention and disputes, help you navigate the complexities of real estate law and look after your interests in all matters of general business law.  We always go the extra mile. Because your goal is our goal.

And that is a promise.

 

Jasna Zwitter-Tehovnik

Jasna Zwitter-Tehovnik is a Finance & Projects and M&A practitioner, qualified in Austria, England and Wales, New York and Slovenia.

Her practice covers the entire financial services and infrastructure sector as well as a broad range of additional industrial sectors.

She advises commercial and investment banks, Fin-Techs, mezzanine financiers and private equity providers, and corporates on a wide range of financing and M&A transactions as well as debt restructurings. The second area of Jasna’s practice are infrastructure and energy projects, including private partnership transactions, and privatisations, often with a cross-border context.

Jasna Zwitter-Tehovnik is also ISDA counsel for Austria and advises as third pillar in her practice on a broad range of regulatory aspects.

Jasna’s experience includes:

  • Advice to Governments/advisory arms of international institutions on various infrastructure projects in Europe, Asia and Latin America in the airport, road, and energy sector, including recent advice on the concession/PPP model relating to the Sofia Airport and the Beirut Airport
  • Advice to a number of Sponsors on PPP transactions
  • Advice as lenders counsel on a variety of project financings in various sectors (roads, energy, optical fibre)
  • Advice as lenders and borrower’s counsel on real estate, acquisition and structured finance transactions and debt restructurings
  • Advice on a number of cross-border M&A transactions, with a focus on CEE and SEE, in various sectors – banks, hospitality, energy, construction, industrial
  • Advice on a number of cross-border arbitration and investigation mandates relating to infrastructure projects
  • Advice on a wide range of regulatory aspects, specifically in the financial services sector

Professional Qualifications

  • Rechtsanwältin registered with Rechtsanwaltskammer Wien
  • Attorney-at-law admitted with the Supreme Court of New York
  • Tuja odvetnica registered with the Odvetniška zbornica Slovenije
  • Solicitor of the Senior Courts of England and Wales

Prior Experience

Before cooperation with DLA Piper Weiss-Tessbach, Jasna worked at another reputable law firm in Vienna.

Recognitions

“Sources say: “I can rely on the fact that in very complex contracts there is nothing missing.” She is particularly active on deals involving CEE jurisdictions.”(Chambers 2018); Interviewees say that she is “precise and reliable.” (Chambers 2019)

Education

  • New York University School of Law, New York, LL.M. in Corporate Law, 1999
  • University of Salzburg, Dr.iur., 1997
  • Université de Rennes 1, Rennes, France (Research for thesis and followed courses for the Diplôme d’études approfondies (DEA) in business law), 1996
  • University of Salzburg, Mag.iur., 1996
  • Lycée N-D de Kerbertrand, Quimperlé, France, Baccalauréat with concentration on sciences (with distinction), 1993

Additional publications

  • Material Adverse Change – article published in “LexisNexis in ZFR 2017/2”, 27 January 2017
  • Der Notleidende Kredit (“The distressed loan”)
  • Asset allocation and state succession in the Former Yugoslavia (together with Thomas Podlesak, published in eastlex 2005, 68)

Dr. Christian Aschauer

Leaders in Law endorses Dr. Christian Aschauer as our exclusively recommended Arbitration Law expert in Austria. If you wish to get in touch with Dr. Christian please use the contact information provided above.

Christian Aschauer acts primarily as arbitrator in international arbitration proceedings, in particular under the rules of the ICC, VIAC, Camera Arbitrale, DIS, Swiss Rules and ad hoc. Christian Aschauer also handles enforcement proceedings before state courts as well as proceedings to set aside arbitral awards.

Christian Aschauer has a distinguished academic background as a former research fellow and doctor of law. He is now (part time) professor at the University of Graz (Austria) in the field of Austrian arbitration law and international arbitration. He frequently speaks at seminars and conferences.

Christian Aschauer speaks German, English, Italian and French and has conducted arbitrations in all of these languages.

As arbitrator, Christian Aschauer’s practice areas and expertise range from the energy sector to the construction and plant engineering industries, international commercial law, M&A disputes, financial transactions, distribution agreements, joint ventures and telecommunications.

 

Ewald Oberhammer

Leaders in Law endorses Ewald Oberhammer as our exclusively recommended Corporate Immigration Law expert in Austria. If you wish to get in touch with Ewald please use the contact information provided above.

Ewald Oberhammer is admitted to the Austrian Bar Associations and specialises in corporate immigration matters.  Ewald Oberhammer and his team have been dealing with corporate immigration matters since 1999, and assist international and local Austrian companies in obtaining work permits, residence permits and working visas.  In addition, Ewald Oberhammer and his team assist clients in monitoring and maintaining their compliance with immigration laws and regulations. In the course of the compliance assistance, Ewald Oberhammer is leading the firm’s immigration litigation team which focuses on the defense of corporations and their directors against incompliance allegations raised by the Austrian authorities.

Languages

  • German,
  • English,
  • Italian

Oberhammer Rechtsanwälte GmbH

Oberhammer Rechtsanwälte GmbH is specialised in all legal matters related to the processes through which international companies second employees to Austria and Austrian companies employ foreign experts. This encompasses advising clients in labour law issues, answering questions regarding immigration law, drafting project agreements and applying for visas.  Our clients trust in our expertise in the area of corporate migration.

As a supplement to our legal corporate migration advice, we also offer ancillary services such as personal accompaniment to appointments with the relevant authorities, and supporting clients with choosing kindergarten or school places or applying for subsidies and co-insurances.  Our clients thus have the advantage of being serviced by a legal one-stop shop.

 

Anton Becker

Leaders in Law endorses Anton Becker as our exclusively recommended Commercial Law expert in Austria. If you wish to get in touch with Anton please use the contact information provided above.

In 2009, I established my own law firm specialising in commercial law. Increasingly I found clients approaching me with questions relating also to their private lives. Commercial and private matters often intertwine, it seems. As a consequence, I successfully tackled divorce and alimony cases and developed my knowledge and skills in these areas of law, too.

Now clients can additionally rely on my expertise in such matters. Clients have come to appreciate and, indeed, expect an all-round service that includes an admixture of fine negotiation skills, a diplomatic touch and dogged perseverance. They get what they expect.

I go beyond the call of duty. Providing legal advice is where it starts. However, it is not enough to achieve a satisfactory legal result. A keen eye has at all times to be kept on its practicality and cost. It is essential that one should not lose sight of the bigger picture, particularly when the wood gets lost in a forest of complex legal detail.

Moreover, thanks to my extensive work for some of the most renowned Austrian and international legal firms, I have become accustomed to working to the highest possible standards: nothing less is acceptable. This experience in a small practice translates into personalised, tailor-made and hands-on service that achieves results.

Professional and Academic Qualifications / Membership


– Member, Inter-Pacific Bar Association, 2007
– Attorney at Law, Vienna Chamber of Attorneys, 2006
– LL.M. (Chinese Law), National University of Singapore, 2005
– Magister iuris, University of Vienna, 1998

Professional Career


– Founded BECKER LAW in 2009.
– Held the following positions between 2000 and 2009
– Partner, bpv Huegel Rechtsanwaelte, Vienna
– Partner, Lansky, Ganzger & Partner Rechtsanwaelte, Vienna
– Head of Asian Desk & Partner, Binder Groesswang Rechtsanwaelte, Vienna
– Visiting Attorney, King & Wood, PRC Lawyers, Shanghai
– Associate, CMS Reich-Rohrwig Hainz Rechtsanwaelte, Vienna
– Research Associate, China Maritime Arbitration Commission (CMAC), Shanghai
– Part Time Associate, EY Law Luther Menold, Singapore

Becker Law: 


Clients rely on my expertise in divorce and alimony cases. They have come to appreciate and, indeed, expect an all-round service that includes an admixture of fine negotiation skills, a diplomatic touch and dogged perseverance. They get what they expect.

 

Árpád Geréd

Leaders in Law endorses Árpád Geréd as our exclusively recommended IT Law expert in Austria. If you wish to get in touch with Árpád please use the contact information provided above.

Árpád Geréd studied in Vienna and Namur, Belgium, with a focus on the interface between information technology and law. During his advanced degree program in Belgium, he studied law, economics, and computer science at the DGTIC (Droit et Gestion des Technologies de l’Information et de la Communication).

In 2012, he co-founded MGLP Attorneys-at-lawafter having served as in-house counsel to a leading international company in the ICT industry and working as a partner at a renowned business law firm in Vienna.

With a passion for information technology, Árpád Geréd has specialized in consulting for and negotiating of digitalization-, software-, and technology-related deals, including aspects concerning labor and employment law, with a strong focus on cloud computing, cybersecurity, and data protection. Furthermore, he is an accredited auditor to StarAudit, specialized in software as a service, an accredited privacy expert (CIPP/E) as well as a lecturer in the master’s program “Cloud Computing Engineering” at the Burgenland University of Applied Sciences. “Who’s Who Legal” lists him as an expert for cybersecurity, data privacy & protection as well as IT.

Membership

  • Vienna Bar Association – member
  • International Association of Young Lawyers (AIJA) – former President of the Commission for Intellectual Property, Technology, Media, and Telecommunications (IP/TMT) (2017–2020); member of the Labour Law Commission
  • Computer Measurement Group Austria and Eastern Europe (CMG-AE) – head of the working group “ICT Law”
  • Vienna Center for Legal Informatics (WZRI) – member of the Court of Arbitration
  • International Technology Law Association (ITechLaw) – member

Areas of Practice

  • Labor and Employment Law
  • Cybersecurity Law
  • Data Protection & Privacy Law
  • E-Commerce-Law
  • IT- and Internet Law

Languages

  • English
  • German
  • French
  • Romanian
  • Hungarian

Firm Description

We are a modern full-service law firm for all matters of commercial and corporate law. Our clientele includes both Austrian companies in various branches and renowned international corporations. With professional know-how, many years of experience, maximum flexibility and more than just a shot of creativity, our lawyers apply themselves to your matters. We do not hole up behind paragraphs, but rather set great store by tangible consultation and personal support.