We are living through a period of permanent change. Events can often only be predicted by a few. In return governments and regulators seek to build a safer, more responsible world for us all, complex legislation is proliferating, many of which also originate at EU level. At the same time, unparalleled change is opening up a world of opportunities unlike we have witnessed before. Knowledge of legal developments but also of living practice, a rapid response to legal requirements, a realistic and optimistic view of the future and a determination to do the best and to take the right decision at the right time are our qualities that are essential to stimulate the optimal flow of business.
My team and I have been experts in public law for more than 20 years. We have a wealth of experience both on a national and international level having advised the public sector as well as private and public businesses. We enjoy resolving challenging questions of law and it is important to us to share all our experience, knowledge and network to make your business run smoothly and successful.
Kathrin Hornbanger
The procurement volume in Austria and within the European Union averages around 16% -18% of GDP, i.e. around EUR 67 billion in Austria and EUR 2,448 billion within the EU.
Procurement procedures must comply with the principles of transparency and equal treatment. Procurement procedures are very formalized. Even small mistakes can have major consequences. This applies to both bidders and contracting authorities. We advise on procurement procedures in Austria as well as within Europe through our network of international procurement law experts. We also specialize in procurement procedures for international organizations such as the UN, EBRD, European Commission and the World Bank.
The European Green Deal contains a comprehensive set of rules. The aim of the European Commission is to achieve the transition to a resource-efficient economy that no longer emits any net greenhouse gases by 2050. By 2030, net greenhouse gas emissions are to be reduced by at least 55% compared to 1990. To this end, a large number of directives and regulations have been issued at EU level, the impact of which on individual companies must be carefully examined. Thanks to our special experience and our network of international experts in this field, we can quickly analyze the complex requirements and derive recommendations for action for companies and the public sector.
Sustainable procurement also requires a reorientation and dealing with new issues. This applies to the public sector as well as to public and private companies. We will be happy to develop sustainable concepts with you and assist you with all legal issues, especially with regard to their implementation in the context of public tenders.
EU trade rules are designed to ensure that imported products are sold in the EU at fair and reasonable prices, regardless of where they come from. In recent years, the EU has comprehensively reformed the most important trade-related regulations. Which obligations can be derived from those regulations for companies in Austria and within the EU also requires an in-depth analysis. It will be our pleasure to assist you herewith.
EU conformity is crucial for the lawful award and implementation of a funding measure. The background to this is the general ban on state aid in EU law. A large number of legal provisions, such as the general framework directive for the granting of subsidies from federal funds or individual special guidelines, are decisive for the awarding of subsidies. In most cases, there are separate funding conditions for the respective funding body or the funded activities. We will be happy to support you in examining the legal basis, the conditions for the award of funding and also in the application process as well as in examining questions of state aid law.
Constitutional law plays a very important role in the functioning of the State. The Austrian Constitutional Court is granted a wide range of powers by the constitution. These range from the review of laws and ordinances to the review of administrative court rulings, from the resolution of certain jurisdictional disputes to the resolution of financial equalization disputes and from the control of elections to the legal control of supreme state bodies. The Austrian Constitutional Court is the oldest constitutional court in the world and was established in 1920. It is our pleasure to advise you on constitutional law issues and also represent you in proceedings before the Constitutional Court.
Administrative law regulates the relationship between the state and its citizens, such as public procurement law, trade law, building law, hospital law and environmental law. This also includes legal protection against decisions by public contracting authorities and notices issued by public authorities, as well as legal protection against judgements by the administrative courts at the Administrative Court. In our many years of experience, we have advised our clients on a wide variety of issues and have also successfully represented new positions before the administrative courts and the Supreme Administrative Court. We examine all aspects very carefully and are happy to develop all legal interpretations that correspond to the purpose of the law and the interests of our clients.
Ing. Christian Perina MSc, MBA, VAMED, Vienna
Klaus Bottensteiner, Lower Austrian state government
Hans Peter Haselsteiner, Strabag AG, Vienna
Michael Sachs, Vice-President of the Federal Administrative Court, Vienna
Markus Aichholzer, best-connect, Klagenfurt
Wolfgang Holzer, Austrian Federal Forests, Vienna