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Info Magazine LGP NEWS 02/2020

Info Magazine LGP NEWS 02/2020

Dear readers, dear clients, dear friends!

The pandemic is leading to a reassessment of the need for regulation worldwide. Old neoliberal concepts that rejected regulation to help the market break through failed in both health and economic policy. Sacrosanct temples of European law, such as European state aid law, must be reassessed. At the same time, joint procurement processes for vaccines are beginning at EU level in an unprecedented way. We will deal with this paradigm shift in detail in this and the next issues of our magazine. 

Starting on page 14, LGP Managing Partner Julia Andras provides examples of the restructuring measures required under labor law to save domestic companies from the threat of insolvency without having to sacrifice a large part of their workforce to unemployment. In contrast, Klaus M. Steinmaurer, Managing Director for Telecommunications and Mail at RTR GmbH, reports on new challenges in telecommunications law and current regulatory practices in connection with IoT in a detailed guest article. 

Did you know that the margin of discretion of an EU member state in designing and enforcing its regulatory systems is not unlimited? Mara Okmažić and Michael Komuczky provide information on the legal implications of the “Achmea ruling”, current developments on Intra-EU BITs and the currently unclear legal situation regarding bilateral investment treaties between Austria and Croatia. However, many people are also unaware that moving to Austria can very quickly lead to unwanted tax consequences. Daniel Kocab knows how to avoid unpleasant surprises by providing profound tax law advice. 

The reform package for the Common Agricultural Policy (CAP) after 2020, recently adopted by the 27 EU Agriculture Ministers, is progressive and particularly environmentally friendly. This issue also explains why EU farmers will benefit more than ever from greater commitment to climate protection and biodiversity in the coming years. 

We wish you exciting and informative reading,

Gabriel Lansky, Gerald Ganzger, Katharina Raabe-Stuppnig, Ronald Frankl, Julia Andras, Valentin Neuser, Arlind Zeqiri, Martin Jacko und Anna Zeitlinger

If you would like to receive this issue in printed form, please send us an e-mail to

Here you find the new issue as PDF:

Read #02/2020 ("FOCUS ON REGULATION")

You can find older issues as PDF here:

Read #01/2020 (THE COVID-19-CRISIS)

Read #02/2019 ("DISRUPTION")

Read #01/2019 ("BITCOIN & BLOCKCHAIN")

Read #01/2018 ("EU STRATEGIC TALKS")

IoT-Services as a challenge for telecommunications law

One of the aims of the European Electronic Communications Code (EECC) is to promote the expansion of 5G networks. Does the existing legal framework still do justice to future, increased use of IoT (Internet of Things) applications in public networks? A guest contribution by RTR Managing Director Klaus M. Steinmaurer. 

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The prohibition of state aid – a reminder and an all-clear

Not surprisingly, questions about the prohibition of state aid under EU law usually arise when there is vociferous public support and politicians are discussing appropriate measures. 

Digital contract management in practice

Due to the current pandemic, which has been waging since spring 2020, and the restrictions on contact associated with this, many companies have become aware of the practical relevance of digital or contactless contracts. As a result, it is no wonder that the demand for software in this area is growing rapidly. 

Telemedicine on a delicate legal footing

In our digitalised society, there is a great need for telemedical services. In order to create more security, both in terms of application and legality, for all the parties involved, the following uniform guidelines and recommendations for correct implementation would be desirable.

Employment law and restructuring

The country is firmly in the grip of the coronavirus pandemic. After a tightening of measures in November, the second „hard“ lockdown to contain the further spread of the virus began on November 17. What options are there under employment law to prevent a worst-case scenario for employees and the economy? 

The coronavirus crisis – prelude to a lived practice of restructuring?

Even if there is not currently a significant increase in the number of registered insolvencies compared to previous years, the coronavirus crisis will not remain without consequences. It is likely that a number of companies suffering from economic woes will not be able to stop themselves from falling into insolvency.

Common agricultural policy with ‘green architecture’

After several years of negotiations, the European Council reached an agreement on its negotiating position on the post-2020 reform package for the Common Agricultural Policy (CAP) on 20 October 2020. Consequently, the present agreement marks a significant milestone for the whole of European agricultural policy. 

Tax liability to consider when moving to Austria

As a country, Austria enjoys an excellent international reputation in terms of quality of life. However, moving to the Alpine republic can also quickly lead to unwanted tax consequences. Why profound tax law advice in advance helps to avoid unpleasant surprises. 

Current developments on bilateral investment protection agreements in the EU

Implementing a regulatory framework and supervising the compliance with it is one of the core competencies of any state. But the state‘s discretionary power in shaping and enforcing its regulatory systems is not unlimited, as the unclear legal situation in bilateral investment treaties between Austria and Croatia proves. 

From Minister to a successful international lawyer

Arlind Zeqiri, managing partner at LGP Skopje, looks back in an interview with LGP News on his successful career taking him from a childhood in the predominantly Albanian north of his native North Macedonia to Austria and Switzerland and later on to becoming one of the youngest ministers in the country’s history. 

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Cross-border enforcement of Ijudgments post-Brexit

In international business transactions as in other areas, companies are often obliged to enforce their claims in court. In cross-border disputes, the enforcement of a court decision abroad often leads to increased costs. 

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LGP & Gerstbauer Strategic: dual advisory services with added value

Bringing together the resources and competencies of LGP and Gerstbauer Strategic is a winning strategy in terms of the legal and business advice provided to international clients, right down to the last detail: local and global expertise, competent multidisciplinary teams and an excellent network of partners guarantee the highest level of customer satisfaction. 

Nagorno-Karabakh: consequences of a frozen conflict

The Armenian-Azerbaijani conflict over the Nagorno-Karabakh region was considered frozen for many years. On 10 November 2020, after several weeks of fighting, the two states agreed on conditions for a peaceful settlement of the conflict which has been going on for more than 30 years. 

Tokenisation as a form of financing

In times of crisis, many companies reach their financial limits due to unforeseeable dips in sales and profits, which prevent planned projects or expansions from taking place. Alternatively, cost-intensive projects can also be financed by issuing tokens. 

Legal updates by LGP Bratislava

In today‘s disruptive and constantly changing business environment, clients expect not only reliable services but also higher efficiency, greater flexibility and, in addition to solutions tailored to their companies, the ability to anticipate new developments. 

Privy councillors, whisperers and spin doctors

In his new book, LGP Senior Expert Counsel Manfred Matzka writes about 300 years of éminences grises on Ballhausplatz. The former Director General of the Federal Chancellery presents the most important protagonists on two pages. 

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