+43-6245-90229-11

office@lexportateu.com

Category: Unkategorisiert

FlexCo: the rise of a new star under Austrian company law, representing only one of various options in the firmament of legal forms incorporated under the laws of other EU / EEA Member States
08.01.24
FlexCo: the rise of a new star under Austrian company law, representing only one of various options in the firmament of legal forms incorporated under the laws of other EU / EEA Member States

As of 1st January 2024, with the so-called Flexible Corporation (Flexible Kapitalgesellschaft, „FlexKapG or „FlexCo“) Austrian company law offers a new legal...

read more +
The Mobility Directive’s state of implementation into German, Austrian and Spanish law
02.03.23
The Mobility Directive’s state of implementation into German, Austrian and Spanish law

As is well known, the period granted to Member States to transpose the Directive (EU) 2019/2121 as regards cross-border conversions,...

read more +
ECJ – C-677/20 SAP SE / IG Metall and Ver.di: severe setback for contractual freedom concerning the design of arrangements for the involvement of the employees in the case of an SE formed by conversion: possible consequences for SEs with registered office in Germany
21.10.22
ECJ – C-677/20 SAP SE / IG Metall and Ver.di: severe setback for contractual freedom concerning the design of arrangements for the involvement of the employees in the case of an SE formed by conversion: possible consequences for SEs with registered office in Germany

In the above mentioned ruling of October 18, the ECJ´s Great Chamber declared a claim filed by the German trade...

read more +
A new Spanish chapter is added to the never-ending „PIP / TÜV Rheinland / Allianz“-story: the Spanish Supreme Court restores the principle of separation between companies belonging to a corporate group, however without resolving important open issues concerning Private International Law and Union law
18.02.22
A new Spanish chapter is added to the never-ending „PIP / TÜV Rheinland / Allianz“-story: the Spanish Supreme Court restores the principle of separation between companies belonging to a corporate group, however without resolving important open issues concerning Private International Law and Union law

Apart from the European Court of Justice, the treatment of legal questions related to the scandal centred on the defective...

read more +
German BGH paves the way for online notarial recording of shareholders´ resolutions following the expiry of specific rules adopted during the pandemic – remaining work to be done by the legislator in clarifing legal doubts and enabling full notarial recording of all kind of legal acts in order to restore competitiveness of German companies
02.11.21
German BGH paves the way for online notarial recording of shareholders´ resolutions following the expiry of specific rules adopted during the pandemic – remaining work to be done by the legislator in clarifing legal doubts and enabling full notarial recording of all kind of legal acts in order to restore competitiveness of German companies

In a remarkable resolution issued on 5 October 2021, on the one hand the BGH´s 2nd Senate has answered in...

read more +
Legal prerequisites and boundaries of a substantive judicial abuse control of shareholders’ resolutions approving cross-border structural operations on companies: the cross-border merger of Mediaset España S.A. on the Dutch Mediaset Investment N.V. as a showcase for the delimitation of the leges societates of both involved companies and their successive application.
28.05.21
Legal prerequisites and boundaries of a substantive judicial abuse control of shareholders’ resolutions approving cross-border structural operations on companies: the cross-border merger of Mediaset España S.A. on the Dutch Mediaset Investment N.V. as a showcase for the delimitation of the leges societates of both involved companies and their successive application.

In order to integrate the media group MFE-MEDIAFOREUROPE NV („MFE“), the respective general meetings of the Spanish Mediaset España S.A....

read more +
As of 1st January 2021, the German Act on the Development of Restructuring and Insolvency Law (Gesetz zur Fortentwicklung des Sanierungs- und Insolvenzrechts (SanlnsFoG)) offers the possibilities of preventive restructuring also under German law – however new tools based on private autonomy raise numerous open legal issues with regard to international jurisdiction and the applicable law in cases related to corporate groups
21.02.21
As of 1st January 2021, the German Act on the Development of Restructuring and Insolvency Law (Gesetz zur Fortentwicklung des Sanierungs- und Insolvenzrechts (SanlnsFoG)) offers the possibilities of preventive restructuring also under German law – however new tools based on private autonomy raise numerous open legal issues with regard to international jurisdiction and the applicable law in cases related to corporate groups

With the German Act on the Development of Restructuring and Insolvency Law (Gesetz zur Fortentwicklung des Sanierungs- und Insolvenzrechts (SanlnsFoG)), which...

read more +
The Austrian Supreme Court (OGH) establishes a strict duty of equal treatment for statutory limitations of the compensation payment to shareholders following the redemption of their shares due to the shareholders’ insolvency compared to other causes of redemption – restrictions to private autonomy make Austrian corporations fall behind in the competition between legal orders
21.02.21
The Austrian Supreme Court (OGH) establishes a strict duty of equal treatment for statutory limitations of the compensation payment to shareholders following the redemption of their shares due to the shareholders’ insolvency compared to other causes of redemption – restrictions to private autonomy make Austrian corporations fall behind in the competition between legal orders

In a judgement of 16 September 2020 the Austrian OGH settled various controversial legal issues concerning the admissibility of statutory provisions regarding...

read more +
Recent rulings of German and Austrian courts on cross-border conversions suggest making use of the legal possibilities to choose the law applicable offered by the competition between legal orders in a conscious, active and particularly timely manner!
21.10.20
Recent rulings of German and Austrian courts on cross-border conversions suggest making use of the legal possibilities to choose the law applicable offered by the competition between legal orders in a conscious, active and particularly timely manner!

Already several years ago, in its rulings Sevic, Cartesio, Vale and Polbud, the ECJ has left no doubt that with regard to companies incorporated under...

read more +
COVInsAG, 2. COVID-19-JuBG and RDL 16/2020: temporary simplification of group financing or gradual and tacit abolishment of the subordination of shareholder loans under German, Spanish and Austrian law?
21.10.20
COVInsAG, 2. COVID-19-JuBG and RDL 16/2020: temporary simplification of group financing or gradual and tacit abolishment of the subordination of shareholder loans under German, Spanish and Austrian law?

In the course of the COVID-19-pandemic already during this year´s spring most industrialised countries had adopted diverse simplifications for the...

read more +

* Pursuant to LEXPORTATEU’s Legal Crowdworking approach, LEXPORTATEU provides its services, to the extent they are not rendered in-house, through project-based teams composed by external lawyers or other staff. The pronouns “we” or “our” used on this website are therefore not to be understood as a statement about the company’s size or the number of its own legal professionals, but primarily refer to this Legal Crowdworking approach. None of these external team members are partners or shareholders of LEXPORTATEU.