Knoetzl

Last Days of Summer: KNOETZL Weinwandertag

Rain and wind could not dampen our spirit this weekend. Successfully hiking Vienna’s outskirts on a traditional Weinwandertag, our team and their family and friends braved the bad weather to be rewarded with excellent local wine and food. Thank you to everybody who joined us!

Corporate Disputes

In an M&A dispute, can you stop the target’s subsidiaries from taking measures that threaten to dissipate their assets, thus de-evaluating the parent company? This was a question that was very recently put before the Austrian Supreme Court (6 Ob 142/19d). The Facts The underlying dispute arose after a Brazilian investment company contracted to acquire 100%…

The Year in Review 2018 (2019, Volume 53)

The Year in Review 2018 (2019, Volume 53) is out! With more than 22,000 readers in 90 countries, this prestigious annual publication of the International Section of the American Bar Association is the most widely distributed US international law survey in the world.   KNOETZL’s Katrin Hanschitz is one of four contributors for the field of…

Update Elevator Cartel and the CJEU II – CJEU Advocate General recommends extending private enforcement to public funders

Besides prosecution by anti-trust authorities and, potentially, criminal prosecution, cartel infringements may also lead to civil liability for damages claims in private enforcement proceedings. The European Court of Justice (“CJEU”) is, in its recent case law, establishing an ever broader and more comprehensive EU-wide basis for such damages, including liability for umbrella pricing (Kone) and…

The Hidden Rocks in International Cash Pooling Austria – Capital Maintenance

Executive Summary: The Austrian Supreme Court has recently provided guidance on how to structure cash pooling arrangements so that the risk of violation of the strict Austrian capital maintenance rules is minimized. In essence, the decision indicates that if there is sufficient commercial justification; no special default risk that could prove an existential risk to…