On 14 September 2022 the European Commission ("EC") published a proposal for a Regulation on an emergency intervention to address high energy prices ("Emergency Intervention Regulation" or "EIR"). The EIR requires EU Member states to implement three different measures: (i) Reduction in demand for electricity, (ii) Capping market revenues for the generation of electricity from inframarginal technologies (renewables, nuclear and lignite), and (iii) Collection of a monetary solidarity contribution from the fossil fuel industry. The EC says that the intervention measures can be based on Art 122 of the Treaty of the Functioning of the European Union ("TFEU") which establishes a competence for crisis intervention in the energy sector. However, it is questionable if the EC's view is going to withstand a judicial review since Art 122 TFEU has a very limited scope of application and some of the proposed intervention measures appear to go far beyond that scope.
In its most recent decision in connection with the Fauna-Flora-Habitat Directive (the Habitats Directive), the Supreme Administrative Court (SAC) found that environmental organisations (EOs) – contrary to the principles of process prerequisites in the Austrian legal system – do not have to prove an interest in legal protection.
Schoenherr, in cooperation with Moravcevic Vojnovic and Partners, has advised Greiner Packaging International on its acquisition of Serbian PET flake producer Alwag from Aling-Conel and Reiwag Facility Services. The Stanivukovic law office advised majority shareholder Aling-Conel on the sale.
Following the recent addition of Roxana Dudau in Romania (reported by CEE Legal Matters on September 6, 2022), Wolf Theis has announced it hired Tomasz Siembida in Poland as a Partner, and the further promotion of Austria-based Nikolaus Loudon and Venus Valentina Wong, Poland-based Konrad Kosicki, and Slovenia-based Teja Balazic Jerovsek to Partners.
Schoenherr, working with Noerr, has advised Nord Holding on the acquisition of a majority stake in the Heizkurier Group from Odewald KMU. Heuking and Ebner Stolz reportedly advised the sellers on the deal.
As early as November 2018, the Austrian government announced that it planned to develop a hydrogen strategy. But the Austrian energy sector had been left waiting ever since the formal kick-off in March 2019. In the meantime, the EU and several member states presented their hydrogen strategies. Finally, on June 2, 2022, the Austrian government revealed its own plan of action.
Schoenherr, working with WSS Redpoint, has advised Ancla Logistik on its merger with Logsta and the simultaneous conversion of existing revenue-based venture debt provided by Round2 Capital to Logsta. Brandl Talos, working with Ypog advised Logsta. Herbst Kinsky reportedly advised Round2 Capital.
Schoenherr, working with Pinsent Masons and Wenger Vieli, has advised Kontron on selling parts of Kontron Group’s IT services business to Vinci Energies during a competitive auction process, for approximately EUR 400 million. Reportedly, Baker McKenzie’s German office advised Vinci Energies. Loloci & Associates advised Kontron on Albanian matters.