Publications by
Rihs

In this article, we summarize our experiences and critical reflections on legal protection under public procurement law in continued declaratory proceedings before the Federal Administrative Court. It is based on a decision (blog post on the decision) of the Austrian Supreme Administrative Court (in German: Verwaltungsgerichtshof, short: VwGH) in proceedings conducted by us, which supports the legal position of our client in a procurement procedure concerning a service concession under the Tobacco Monopoly Act (in German: Tabakmonopolgesetz, short: TabMG).

Network operators of electricity grids repeatedly make use of private land by means of electricity pylons and lines. In doing so, they invoke line rights or easements under private law. This article analyzes the legal basis and case law of these legal institutions and identifies legal problem areas of land claims.

In practice, the duration of proceedings in proceedings for residence permits is frequently a problem for applicants and clients. This article analyses the legal remedies available to our clients in terms of their effectiveness and presents suggestions for improving legal protection against lengthy proceedings.

This publication, published by Linde publishing house (Link), analyses the punitive provisions in the Austrian Act on the Prevention of Social- and Wages Dumping („LSD-BG“) and the Austrian Foreign Employment Act („AuslBG“). The European Court of Justice has recently decided on an Austrian case in it’s judgement 12.9.2019, C-64/18 and others, Maksimovic. The ECJ’s ruling has consequences on the general Austrian Administrative Penalties Code („VStG“), especially the cumulation of penalties according to § 22 VStG. The Austrian Administrative Penalties Code needs to be amended and reconsider legal protection of accused perpetrators.

The contribution to the commentary treats on the specific commercial regulations in the Austrian Patent Act. It comprehensively covers the respective case law and legal literature.According to these regulations, patent holders enjoy special privileges/exceptions from the regular administrative commercial regulations (“commercial privilege”). They may operate their inventions commercially without a registration with the commercial register. The commented provisions (inter alia) regulate the legal requirements and settings for the compliant operation of this privilege by the patent holder.In addition, the executive provisions of the Austrian Patent Act are commented on.

The commented legal provisions of the Austrian Citizenship Act refer to facilitated requirements for the acquisition of Austrian citizenship for individuals who lost their citizenship under special circumstances (e.g. marriage) and stateless persons.

The distribution of pharmaceuticals in Austria is heavily the regulated by public law restrictions. This treatise authorizes the structure of the Austrian pharmaceutical wholesale market. The focus is on the obligations of the wholesale traders, their obligations under public and competition law.

Die rechtliche Sonderbehandlung von Direktleitungen, insbesondere bei der Pflicht zur Zahlung bestimmter Bestandteile der Systemnutzungsentgelte, lässt es für Anlagenbetreiber attraktiv erscheinen, Abnehmer direkt zu beliefern. Dieser Beitrag beleuchtet die Voraussetzungen und die verfahrensrechtlichen Möglichkeiten zur rechtssicheren Beurteilung von Leitungen als Direktleitungen.

Under the Austrian public procurement laws, unsuccessful tenders may challenge the decision of the public contractor only if they have not you and reason to exclude their offer from the procurement procedure. In a case set in Austria, the European Court of Justice has demanded exceptions to this rule set up by Austrian courts. The article analyzes the consequences of the judgment of the European Court of Justice on the Austrian system of legal remedies against public contractor‘s and decisions

This short article introduces the new Albanian legislation on public private partnerships. This legislation defines the legal requirements for funding and the procedural framework for the implementation of public private partnerships in Albania.

„Self produces“ of electrical power may choose to supply the generated power directly to their customers using a direct line without utilisation of public distribution of transmission networks. The supply via direct lines may save the generator parts of the service fees connected with the utilization of public distribution or transmission networks.

Teil 2

The Austrian federal public procurement act provides for damages claims by skipped or otherwise damaged tenders if the public contractor has committed a „sufficiently serious breach“ of public procurement legislation. The term „sufficiently serious breach“ originates in European Union legislation. The article explains the substantial requirements for damages actions by tenders against public contractors.

In 2012, numerous amendments to the Austrian Renewable Energy Act entered into force. The article describes the changes in comparison with the previous legal framework, with a focus on the regulations on funding and and operating aids for plant operators.

This article dwells on the deacon liabilities for flight delays and resulting damages. The focus is on the question of a (sole) liability of the air carrier or an additional liability of the airport operator in special cases. Due to the regulations applicable to the airport operator and in default of a contractual relationship between the airport operator and individual passengers, the airport operator is not liable to damages in case of flight delays.

This comment analyzes the repercussions of the decision of the Austrian Supreme Administrative Court implementing the decision of the European Court of Justice in the case of Dereci and others in Austria. The Supreme Administrative Court declares parts of the Austrian Residence and Settlement Act inapplicable for Turkish citizens.

The contribution contains a general and understandable digest of the public procurement legislation relevant for construction companies. The emphasized lies on the system of legal remedies against unlawful decisions by the public contractor in a public tender. The contribution is regularly updated and amended.

This comment refers to a decision by the European Court of Justice involving Austria. The decision of the European Court of Justice served as a precedent in the interpretation of the Association Treaty concluded between the European Economic Area and Turkey in 1963. The decision of the European Court of Justice has a major impact on the applicability of the Austrian Residence and Settlement Act and the Austrian Foreign Labor Act for Turkish citizens. Additionally, close relatives of European Union citizens may derive a right to remain in Austria, especially if the European Union citizen would be de facto forced to leave the territory of the European Union.

In his contribution to the Austrian Yearbook on cartel and competition law 2011 we discuss the most recent jurisdiction of the European Court of first instance, the Austrian Supreme Court and the cartel court in the context of Dawn raids. Besides the European and constitutional legal framework and legal competences of the federal competition Authority, practical aspects like accidental finds, the „legal privilege“ of attorneys and the impact of the concerned companies conduct in the investigations are shed light on.

This article dwells on sensible measures for compliance with cartel law and the prevention of investigations/penalties by the Austrian Federal Competition Authority. Light is shed on the conditions for the assumption of „in alleviating circumstances“ in the context of penalties. It discusses the practical aspects relevant for concerned companies, e.g. advisable conduct in case of Dawn raids and the sealing of documents.

The EC Directive 2008/115 on common standards and procedures in Member States for returning illegally staying third-country nationals provides for legal safeguards country nationals. The Austrian Supreme Administrative Court ruled that Austrian entry bans are equal to return decisions in the sense of the directive and therefore the procedural safeguards need to be considered. In this especially results in the necessity of the decision of a tribunal (in this case: „Unabhängiger Verwaltungssenat“).

The Austrian Federal competition Authority is invested with official powers to fulfill its functions. It may question witnesses and accomplices in the course of investigations. This article treats on the procedural framework for official hearings, especially under the Austrian General Administrative Procedure Act.

This comment on a decision of the Austrian Supreme Court deals with the obligation on sectoral contractors to perform a „deepened evaluation“ in case of inconsistencies of a tender. E.g, reasonable doubts with regards to the economic adequacy of offers result in an obligation to an „deepened evaluation“. The administrative courts have to consult official technical experts in case of doubts about the economic adequacy of office.

Companies are bound to comply with the regulations of competition, especially the restrictions on cartels and the prohibition of an abuse of a dominant position on the markets. „Non-commercial“ activities, e.g. activities of an exclusively social nature, are exempt from these restrictions. This article analyzes the extent to which various fields of activities of the Austrian Public Sickness Insurances are exempt from cartel law.

Teil 2 (PDF)

Companies who successfully legally challenged the decision of a public contractor in tender proceedings may sue the contractor for damages at the civil courts. One of the requirements for admissibility of such damage claims is a prior note to self assessment including the assessment that the bidding company had „a real chance for award of the contract“. This article is dedicated to the necessary applications in proceedings following legal remedies against decisions of the contracting party and the consequences of successive amendments of the Austrian Public Procurement Act for the legal protection of bidders.

Business partners, e.g. producers and distributors, operating in different jurisdictions frequently raise the question of the material law and the jurisdiction applicable to their business contracts. This article treats the limits to autonomous choice of law defined by the European Court of Justice and to Austrian rules on the conflict of laws.

This article summarizes the important decisions in the fields of energy and environmental law on the European and on the national level in the year 2010.

The electricity market relies on networks, electrical power is distributed via networks of electricity lines. The liberalization of the electricity market gave new market players access to the network infrastructures. This raised the question of attribution of capacities and sharing of infrastructure costs. In this article I present the various the costs of network infrastructure attributed to the market operators.

Telstra and renewable energy act rules the funding, the priorities and modalities of subsidies of the generation of electrical power from renewable sources. The subsidies include financial aids for the construction and operation of renewable power plants. In this article I present the legal principles, especially the European and Constitutional restrictions to the funding of renewable energy.