Guided Private Tour in the "Albertina"
More than 100 guests accepted our invitation to a guided private tour through the exhibition "Chagall to Malevich - The Russian Avant-Gardes". The question why there was not only one "Avant-Garde", but several Russian "Avant-Gardes" was extensively explained and debated in the one-hour tour through this year's main exhibition of the Albertina. The longest day of the year - it was 21 June - was rounded off with lots of sun, wine and bread on the terraces of the Habsburg Staterooms with a marvellous view to the Burggarten. Some of the guests simply did not want to go home - the summer evening was just too beautiful.
Seminar "Insurance Antitrust Law"
On 23 June 2016, Martin Maxl will host the ARS seminar "Insurance Antitrust Law" on current issues of antitrust compliance and information exchange between insurance companies. In its recent report to the European Parliament and the European Council of March 2016 regarding a possible prolongation of the EU Block Exemption Regulation, the European Commission stated that, from a current perspective, a sector-specific insurance block exemption regulation is no longer required. This and similar issues, including issues relating to mergers of insurance companies and "dawn raids" of competition authorities, will be extensively discussed in the seminar hosted by Martin Maxl and Axel Reidlinger.
We are very pleased to announce the formation of MAXL & SPORN ATTORNEYS-AT-LAW. Our offices will be in the marvellous rooms of Ebendorferstraße 6 at 1010 Vienna. We both believe that a small, versatile business law boutique firm with strong international ties perfectly reflects the requirements of our clients. Flexibility, flat hierarchies and a well-balanced ratio of partners and jurists help us and our clients: To give quickly, is to give double. As in the past we guarantee no less than the best legal advice at the highest quality. We accompany most of our clients for many years not only as attorneys, but also confidants - in everyday life and in situations of crisis. Our merger and the establishment of our firm are the right moment to pause and say thank you to our clients. We are looking forward to our joint future!
Martin Maxl & Alexander Sporn
NZZ.at wins unfair competition proceedings
NZZ.at won the unfair competition proceedings initiated by vormagazin ges.m.b.h. for the alleged violation of the regulations of the Austrian Act Against Unfair Competition. NZZ.at was represented by Martin Maxl. NZZ.at reported on its website that vormagazin ges.m.b.h., media owner and publisher of the magazine ‘Vormagazin’, had violated the obligation to identify paid advertisements (sec 26 of the Austrian Media Act). Due to the fact that vormagazin ges.m.b.h. refused to make a statement in the course of NZZ.at’s investigations, NZZ.at contacted advertising customers of vormagazin ges.m.b.h. in order to verify or falsify this accusation. In the second-instance preliminary proceedings, the Higher Regional Court of Vienna followed the arguments of NZZ.at, according to which the advertising customers of vormagazin ges.m.b.h. had been contacted for journalistic reasons and not for competition purposes.
First International Migration of the Corporate Seat
Martin Maxl successfully designed and implemented the first international (cross-border) import transfer of a corporation into the jurisdiction of the companies’ register of the Commercial Court of Vienna. The corporate seat of a Czech limited liability company was successfully transferred to Vienna, and the company was simultaneously converted into an Austrian limited liability company. An import transfer of the corporate seat differs considerably from both the formation of a new company and the cross-border merger. No transfer of assets takes place and no capital contributions are made. The existing membership rights remain unaffected. Pursuant to the decisions of the European Court of Justice in Cartesio and VALE Építési kft, cross-border transfers of the corporate seat of corporations which are structurally equivalent are permissible within the European Union based on the principles of free movement of corporations. In Austria, however, there are no laws and regulations governing cross-border transfers.
Österreichische Post acquires EMD
Martin Maxl advised Österreichische Post on its acquisition of the Linz-based full service scanning provider EMD. With this acquisition, Österreichische Post has become the biggest provider of input and scanning services. Over the last 30 years, EMD – Elektronische- und Mikrofilm-Dokumentationssysteme GmbH has established itself as a specialist in the field of digitisation and microfilming of archives and historical documents. Already back in 2006, Martin Maxl advised Österreichische Post on the acquisition of Scanpoint Europe Holding GmbH, which operates in a similar line of business, i.e. the field of digitisation of archives, incoming mail and forms.
Martin Maxl advised the Czech OKAY electronics retail chain on the cross-border merger of its Austrian subsidiary into its Czech affiliate. The merger removes the limitation of the distribution of dividends as to the registered capital and tied-up reserves of the transferring company. In other words: Capital which has been tied up until now is transformed into capital which can be freely distributed. Thus, in the event of a cross-border merger with this transforming effect, all known creditors of the transferring Austrian corporation are to be notified according to the EU Cross-Border Merger Act. There is no need to make any imminent risk plausible.