Andreas Baumann

Leaders in Law endorses Andreas Baumann as our exclusively recommended Tax Law expert in Austria. If you wish to get in touch with Andreas, please use the contact information provided above.

PHH Tax – Baumann Advisors is one of the leading international tax advisory and M&A firms in Austria and forms a professional integrated service firm together with PHH Attorneys at law (together “PHH”). PHH is the Austrian member of GPSA (www.gpsa-international.com) with Rödl & Partner International in the driving seat.

Austria: Specialised tax advisory and M&A-advisory

PHH Tax – Baumann Advisors is specialising inter alia on international tax advisory – in particular on M&A-, private equity- and real estate transactions as well as cross-border tax structuring and tax planning, corporate restructurings and mergers, criminal fiscal law, transfer pricing and private clients. Further, the firm concentrates on financial advisory on M&A projects, both sell- and buy-side.

Managing Director and internationally highly acknowledged Andreas Baumann proves an outstanding track record on advising on national and international corporate transactions, corporate reorganisations and tax planning. A significant role in his team has been playing Karin Spindler-Simader since 2012, who is specialising in international tax law and transfer prices. Matthias Fucik advises mainly on transaction related work, M&A and corporate finance. Christian Andre, has a long experience in advising on real estate transactions and Raphaela Janauschek concentrates on ongoing business tax.

 

Dr Klaus Oblin LLM

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

Klaus Oblin has been successfully representing prominent businesses and state-entities for many years. He stands out in cross-border proceedings where politically sensitive issues meet commercial matters and has been consistently engaged as lead counsel and arbitrator in a number of high volume arbitrations under various internationally acknowledged rules.

Drawing from both civil and common law practical experience, he is known for his ability to concurrently lead teams from multiple jurisdictions. He has been serving as management board and steering committee member in various international associations of independent law firms.

Klaus is listed as an attorney of confidence of the embassies of the USA and the United Kingdom of England.

  • Energy
  • M&A
  • Infrastructure & transport
  • Investments
  • Banking & Finance
  • Construction & engineering
  • Chemical & pharmaceutical.
  • Legal studies at the University of Vienna (Mag.iur., Dr.iur. “with high honours”)
  • Post graduate legal studies at the University of San Diego (LL.M. Comparative Law)

English; German; French.

  • Austrian Bar Association Vienna
  • International Chamber of Commerce (“ICC”)
  • Austrian Arbitration Association (“Arb|Aut”)
  • Deutsche Institution für Schiedsgerichtsbarkeit (“DIS”)
  • International Bar Association (“IBA”)
  • International Centre for Dispute Resolution (“ICDR”)
  • European Centre of Tort and Insurance Law (“ECTIL”)
  • American Chamber of Commerce in Austria (“AmCham Austria”)

Firm Description:

OBLIN was established in 2005 and has become a leading international litigation and arbitration law firm based in Vienna, Austria. We are representing businesses in cross-border disputes, i.e. int’l commercial litigation and arbitration proceedings (incl. enforcement) as well as white collar crime matters. Our team consists of 16 counsel covering 6 jurisdictions (bar admissions).

The specialized members of our team combine their multi-disciplinary and international backgrounds to provide profound yet practical solutions. We rely on our expertise and international relations to achieve the expected results.

Our firm is member of four different leading independent legal networks totaling more than 600 firms covering 160 jurisdictions. Our team has been recognized by various int’l institutions and media thus having received 27 awards for its achievements in commercial litigation and arbitration since 2011.

Our core focus lies in the management and resolution of commercial disputes. We assist and represent during all stages of the dispute resolution process striving to develop actionable legal strategies to match our clients’ aspirations in wide-ranging industry sectors. Many of our cases have been referred to us by other attorneys. We are also often asked to act as co-counsel in commercial arbitrations and litigations around the globe.

 

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.

 

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

  • 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)

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 partner at Vavrovsky Heine Marth and head of the firm’s Real Estate Department. He is recommended by numerous respected international legal directories as one of Austria’s leading experts in real estate law. Best known as a specialist in cross-border property transactions, real estate project development and matters relating to tenancy and real estate brokerage law, he also acts as a legal advisor to national and international real estate funds.

Specialization

Education

  • Austrian Bar Exam with honors, Vienna Bar Association, Austria
  • Legal expert for the European Union for the European Commission’s PHARE project “Competition and Consumer Protection” in Warsaw, Poland
  • University of Wales College of Cardiff, UK, Diploma in Legal Studies
  • University of Innsbruck, Austria, Master’s degree and PhD in Law (Mag.iur., Dr.iur.)

Publications

  • Regular publications on various topics related to real estate law (especially due diligence)
  • Risikoevalulierung durch Due Diligence-Prüfung, ZLB 2013/7 (together with Stiglitz)
  • ImmoInvFG: Sicherstellung der Verfügungsbeschränkung beim
    Erwerb ausländischer Liegenschaften, immolex 2009, 239 (together with Klemm)
  • Unzulässige Mietvertragsklausel, PRVAnews June 2008 (together with Artner)
  • Energiewirtschaft – Umsetzung des Unbundling nach der BeschleunigungsRL, ecolex 2004, 89 (together with Hoffer)
  • Commentary concerning the Austrian Supreme Court’s ruling OGH 15.12.2003, 16 Ok 9/03, ÖBL 2004, 180 (together with Barbist)

Languages

  • German
  • English

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.

At Vavrovsky Heine Marth, we give high priority to living up to our responsibility – towards clients, our team, society and the environment. Among others, we support the following non-profit organizations in achieving their goals – through donations or by offering our expertise on a pro bono basis:

 

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.

Areas of Expertise:

  • Corporate Migration
  • Corporate Law
  • Capital Markets and Takeover Law
  • Contract and Labour Law
  • Italian Law

Experience:

  • Law Degree, University of Innsbruck & Padua (Mag.iur., dott. 1998)
  • LL.M., University of Nottingham (LL.M., 2001)
  • Legal Clerkship, Innsbruck (1999)
  • Associate at a reputable law firm, South Tyrol (2000 – 2002)
  • Italian Bar exam (2003)
  • Austrian Bar exam (2004)
  • Associate at highly reputable Austrian law firms (2002 – 2006)
  • Attorney-at-Law and Partner at highly reputable Austrian law firms (2007 – 2014)
  • Founding Partner at Oberhammer Rechtsanwaelte GmbH (2014)

Languages:

  • German
  • English
  • Italian

Oberhammer Rechtsanwälte GmbH

Ewald Oberhammer founded the law firm in 2014 and has since been able to continuously expand his team of proven experts in the areas of corporate migration with a special focus on posting regulations, labour law, corporate law and capital markets law.

In the summer of 2019, the law firm opened a new office in Wels, expanding Oberhammer’s expertise in the areas of M&A, financing, restructuring, venture capital and real estate law.

Our experts work with passion and professional excellence on innovative solutions fit for our national and international clients’ needs. Our methods are efficient, we speak a clear language.