Austrian parliament adopts new FDI screening act

On 15 July 2020 the Austrian Parliament adopted a new FDI screening act, following the trend to tighten the regulatory framework for foreign investment screening. It largely transposes the requirements under the EU FDI Screening Regulation.

Related briefings

Montenegro: Insight into the New Companies Act

The new Montenegrin Companies Act which entered into force on 11 July 2020, is an innovative and thoroughgoing codification of Montenegrin Corporate Law. The legislator opted for a comprehensive legal instrument which, compared to the previous law, contains more detailed and exhaustive rules determining the establishment, management, restructuring, termination and functioning of business entities.

An apple a day keeps taxation away?

The General Court (GC) of the European Union ruled in favour of Apple in the state aid case regarding Apple’s Irish tax structure, annulling the 2016 decision of the European Commission (EC). As a result, Ireland is at present not obliged to reclaim the amount of EUR 13 billion from Apple. The decision is not yet final due to the EC’s right to appeal.

Czech Republic: Managing director and invalid employment contract, work injury

The Supreme Court of the Czech Republic recently issued an interesting decision concerning the employment of a managing director and an accident at work. It should be noted that this decision does not relate to a long-term problem with the concurrence of functions, i.e. the (im)possibility of performing the function of a managing director in an employment relationship, but reflects a situation where the managing director performs non-parallel work, i.e. work outside the function of a statutory body.

Covid-19: European overview on moratoria – July 2020

Austria Statutory Moratorium on repayment of loans taken out by consumers and micro enterprises (enterprises with less than 10 employees and annual turnover/annual balance sheet not more than EUR 2 million) before 15 March 2020, resulting in extension of payment dates falling in the months of April, May or June 2020, by 3 months. During […]

CEE legislation tracker: Austria

1 Financial Support Measures 1.1 Corona Relief Fund 21/07: guidelines for grants for site-relevant companies effective as of 22/07. Grants to be issued by COFAG to i.a. companies in the sectors of infrastructure, energy, telecommunication.   25/05: guideline for grants for fixed costs effective as of 26/05. 23/05: EU Commission greenlights Austrian scheme allowing grants […]

Latest Briefings

Swiss Federal Supreme Court follows the practice of EPO’s Board of Appeal on singling out

In a recent decision (4A_613/2019, 11 May 2020), the Swiss Federal Supreme Court (Supreme Court) followed the practice of the Board of Appeal of the European Patent Office (EPO) as it held that the singling out of single features from two separate lists of features and therefore the combination of these  two specific features constitutes an extension of the subject-matter of the patent application leading to its nullity.

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers QC (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA. As a result, a sum of USD 50 million held in escrow was liable to be released to the SPA sellers.

Cyber security: Proactivity vs reactivity

Worried about the rise in cyber crime? Peter Yapp explains to Counter Terror Business Magazine how to “expect the unexpected” and get proactive when it comes to cyber security.

Recommended

Burges Salmon holds back distributions until firm hits budget

Burges Salmon is holding off from distributing its profit distributions to partners and has decreased its monthly drawings, part of a new set of measures put forward by the business. The firm has decided it will only pay quarterly profit distributions to partners if its financial results hit its yearly budget. The firm’s Q1 dividend […]

Shilpa Bhandarkar

The 60 second interview: Innovation is a powerful virtuous cycle when done right

Linklaters’ global head of innovation Shilpa Bhandarkar shares the five fundamentals for fostering innovation, as part of the Business Leadership Series. What are the fundamentals for fostering a culture of innovation within a firm? There are five pieces to this jigsaw, which need to fit together for real impact. First, visible senior buy-in. Innovation involves risk […]

High Court judge takes a “wrecking ball” to Pinsents’ SKAT pleadings

Pinsent Masons is facing an increasingly uphill battle in the mammoth Skat litigation concerning 21 separate legal teams, 76 defendants and an alleged £1.5bn fraud. In a recent hearing involving the Danish Customs and Tax Administration (otherwise known as Skatteforvaltningen) and defendants Solo Capital Partners and Goal Taxback Limited, Mr Justice Baker took a “wrecking ball” […]

Recruit legal talent

Get your role in front of over 300,000 legal professionals when you advertise with The Lawyer. Our team of experts provide bespoke solutions to help solve all your recruitment challenges.

Find out more