Practice
We are experts for public commercial law. Our activities are focused on industrial plant and environmental regulation law.
We also accompany the projects of our clients with regard to all other relevant aspects, in particular in the fields of contract, company and criminal law.
Building and real estate law
- Planning and counselling for building permit proceedings, obtaining building permits
- EIA permission and declaratory proceedings
- Counselling for zoning proceedings
- Working out building and developer contracts and contracts for work
- Working out real estate purchase, lease and rental contracts
- Implementation of land register proceedings
- Dispute resolution in cases involving building contracts and contracts for work
Chemicals and substances law
- REACH Regulation, CLP Regulation
- Product approval and classification
- Boundaries between waste and (by-)products, admissible recovery operations, end-of-waste
- Seveso III legislation; advice on facilities and hazardous matter legislation
- Identification of hazardous areas for Seveso III facilities in the zoning plan
Competition and state aid legislation
- National and EU antitrust law
- Review of agreements and concerted practice among companies
- Market abuse legislation
- Review and notification of state aid
- Law of damages
- Measures of services of general interests
- Public procurement law
Constitutional law
- Protection of civil liberties and fundamental rights (e.g. right of property, right of free enterprise, protection of acquired rights, etc.)
- Complaints against administrative decisions and general regulations and legislative acts
- Legal examination of suspicion of unlawful regulations or unconstitutional laws, suggestions for the examination of general regulations or laws with individual complaints
- Legal representation before the Constitutional Court of Austria and the European Court of Human Rights
Corporate and business law
- Contract law
- Drafting and review of general terms and conditions of business
- Delegation of liability under public law – exclusion of liability
- Support in legal compliance projects related to issues of environmental law or law governing manufacturing facilities
- Setting up and liquidating companies
- Mergers and acquisitions including due diligence in environmental law
- Competition law
- State aid law
- Civil damages law
- Debt enforcement
- Forced sale proceedings
- Intellectual property
Emission trading law
- Counselling in allocation proceedings
- Legal protection against allocation decisions
- New entrants reserve
- Counselling for approval of facilities modification proceedings to reduce emissions
- Optimized business interruption and shut-down of facilities
- Counselling in matters of monitoring and reporting
- Carbon capture and storage facilities law
- Approval of emission reduction schemes
Energy law and regulatory activities
- Counselling for energy infrastructure projects (power plants, transmission lines)
- EIA approval and declaratory proceedings
- Obtaining concessions and approvals
- Drafting and examination of agreements
- Representation before regulatory agencies and authorities
- Routing of transmission line law
- Monitoring proceedings for compulsory granting of easements and expropriation proceedings
- Emission trading law
- Carbon capture and storage related legislation
Environment and administrative criminal law
- Counselling and representation in criminal police investigation proceedings
- Joint development of communication strategies with PR-experts
- Environmental criminal procedure law
- Representation before administrative criminal authorities and courts of law
- Preventive evaluation of potential liability risks (“exclusion of liability”)
- Handling environmental liability cases
Environmental and technology related law
- Environmental impact assessments and strategic environmental assessments
- Strategies to optimize EIA-proceedings
- EIA-declaratory proceedings
- Strategies to avoid EIA
- Participation in project management and public relations work
- Emissions trading law
- Trades and Industries Law, in particular legislation governing operating facilities
- Water and waste management law
- Forestry law and nature conservation law
- Accompanying nature impact assessment proceedings in Natura 2000 areas
- Implementation of projects in the alpine area – Alpine Convention
- Air pollution law (Clean Air Act)
- Chemicals and substances law (REACH)
- Seveso III law; counselling in facilities and substances law
- Mineral extraction laws
- Cable car law
- Aviation law
- Railway law
- Traffic law
- Gas market and transport facilities law
- Law on high voltage transmission lines
- Law on pipelines
- Labour protection law
- Federal electricity law
- Electricity law of the Provinces
- Zoning and building law
- Support of environmental and operating facility related compliance projects
- Administrative orders: measures of removal and re-establishment
- Handling of environmental liability cases
- Administrative penal proceedings and criminal law proceedings
Environmental impact assessments (EIA)
- EIA for manufacturing industry, energy- and infrastructure-projects
- Strategies to optimize EIA-proceedings
- EIA-declaratory proceedings
- Strategies to avoid EIA
- Participation in project management and public relations work
- Optimized project definition and design
- Cross-border EIA
- Structuring of section approvals
- Basic approval and approval of details
- Follow-up proceedings on project-modifications
- Final approval proceedings
- Development of project designs to optimize and avoid abandoned waste dues
Forestry law
- Deforestation proceedings
- Non-forest declaratory proceedings
- Counselling in approval proceedings of forestry facilities
- Optimization of facilities under forestry law
- Regulatory allowances and legal obligations
- Deforestation projects in alpine regions – Alpine Convention
Infrastructure and large scale projects
- Approval of infrastructure projects, e.g. airports, road building and rail track projects, shopping malls, technology and manufacturing industry plants, ski slope development schemes and enlargements
- Monitoring water management infrastructure schemes, e.g. sewage systems, river engineering and flood protection schemes
- Cross border infrastructure projects, e.g. natural gas pipelines and overhead transmission lines
- Environmental impact assessments and strategic environmental assessments
- Optimized modification approvals
- Permits for operating tests and pilot operations
- Demarcation and adaptation of IPPC-facilities, adaptation to the newest standards and the best available techniques
- Support for selection of location of company premises in accordance with zoning law criteria and optimized handling of the approval proceeding
- Monitoring of zoning proceedings
- Working out project designs for optimizing and avoiding contributions under the Remediation of Contaminated Sites Act (ALSAG)
- Accompanying proceedings for compulsory granting of easements and expropriation proceedings
- Coordination among authorities, experts, project team, political decision makers and other stakeholders
- Monitoring PR work by legal prerequisites
Law on air pollution
- Obtaining exemption from emission limit values
- Evaluation of designated protection zones
- IG-L optimized approval of facilities
Laws governing mineral resources
- Approval of set-up and start-up of facilities subject to the Act on Mineral Resources, e.g. mines, quarries and other extraction projects
- Optimized approvals of modifications of facilities subject to the Act on Mineral Resources, adaptation to the state of the art
- Prospecting and extracting mineral resources
- CCS law – CO2 capture and storage facilities
- Approval of extraction facility schemes
- Declaratory proceeding (consolidation and extent of permissions)
- Support in legal compliance projects related to issues of environmental law or law on facilities
- Water and waste management law
- Forestry law and nature conservation law
- Handling of environmental liability cases
- Administrative penal proceedings and criminal law proceedings
Legislation governing manufacturing industry and operating facilities
- Setting up and start-up of industry and manufacturing facilities, e.g. facilities of the heavy and building materials industry, pulp and paper industry, chemicals and steel industry
- Environmental impact assessments and strategic environmental assessments
- Optimized modification permits
- Permits for operating tests and pilot operations
- Limitation and adaption of IPPC-installations, adaption to the newest standards and the best available techniques
- Emissions trading law
- Trades and industries law
- Water and waste management law
- Forest law and nature conservation legislation
- Law on air pollution (Clean Air Act)
- Chemicals and substances law (REACH)
- Seveso III law; counselling in facilities and hazardous substances law
- Identification of hazardous areas for Seveso III operations in zoning plans
- Accompanying decontamination of contaminated sites
- Prospecting and extraction of mineral resources
- CCS law
- Management of approvals and evaluation of existing facilities (environmental compliance check)
- Delegation of liability under public law – exclusion of liability
- Support in legal compliance projects related to issues of environmental law or law on manufacturing facilities
- Administrative orders: liability of polluter and land owner
- Handling environmental liability cases
- Administrative penal proceedings and criminal law proceedings
- Advice for associations and authorities
Litigation and arbitration
- Representation before commercial and civil courts
- Counselling and representing before arbitral tribunals
- Extra-judicial settlement
- Enforcement of claims
- Dunning letters
- Forced sale proceedings
Litigation PR communication strategies
- Joint development of communication strategies with PR-experts
- Legal monitoring of PR activities
- Accompanying of PR activities at environmental damages
- Public participation in approval proceedings
- Participation of the public in pre-project stages
- Interdisciplinary approach: hand in hand by media professionals and legal experts
- Opinion making in municipalities and authorities
Nature conservation law
- Accompanying nature impact assessment proceedings in Natura 2000 areas
- Protection of species: Flora Fauna Habitat and Birds Directive
- Protection of natural habitats
- Support in the selection of sites according to nature conservation law criteria and optimized handling of the approval procedure
- Approval of projects in protected areas
- Legal configuration of intervention and compensatory measures
- Implementation of projects in alpine areas – Alpine Convention
- Administrative orders: measures of removal and re-establishment
- Handling environmental liability cases
- Administrative penal proceedings and criminal law proceedings
Ombudsman Sportslaw
PROFESSIONAL - FREE OF CHARGE - CONFIDENTIAL - ANONYMOUS
Dr. Peter Sander, LL.M./MBA
The Ombudsman is a contact point for all persons involved in sports. We appreciate information and indications about intended or actual game manipulations.
The Ombudsman agency is established at the law firm Niederhuber & Partner and commits itself to treat all information which is sent to them confidentially.
In close consultation with the persons who provide information or seek advice and only with their express consent the Ombudsperson subsequently makes contact with the Play Fair Code. The Play Fair Code is an information platform for the relevant sports associations, with the help of which a specific procedure can be worked out in accordance with the association rules and individual problem solutions can be found.
The contact can be made at any time by e-mail or telephone and on an anonymous basis.
Planning law
- Zoning proceedings: legal planning and support
- Modification of zoning plans – protection of landowners‘ rights
- Challenge of regulations, individual appeals to the Constitutional Court
- Obtaining damages and compensation for „expropriations“ resulting from re-zoning measures
- Zoning policies regarding hazardous areas for Seveso III facilities
- Taking into account federal planning competences
- Involvement of the general public in planning activities
- Strategic environmental assessments
- Accompanying nature impact assessment proceedings in Natura 2000 areas
Remediation of Contaminated Sites
- Evaluation of obligation to contribute fees pursuant to the Remediation of Contaminates Sites Act
- Declaratory proceedings
- Working out project designs for optimizing and avoiding fees
- Distinction between waste and product, admissible recovery, distinction of end of waste and by-products
- Defence in remediation proceedings, representation in liability proceedings
- Administrative orders: polluter and law owner liability
- Handling of environmental liability cases
- Representation before customs and inland revenue tax authorities
- Counselling in inland revenue criminal proceedings
Sports Law
- Construction of sports facilities – obtaining permits by the authorities
- Advice on all legal matters regarding sport events
- Industrial and intellectual property rights
- Sponsorship and licence agreements
- Media law
- Damages law
- Sports related criminal law
- Corporate law
- Financial aid legislation
Trades and Industries Law
- Permits for setting up and start-up of manufacturing facilities
- Optimized permits for modification of manufacturing facilities
- Limitation and adaption of IPPC-installations, adaption to the newest standards and the best available techniques
- Seveso III law; counselling regarding facility and hazardous substances legislation
- Identification of hazardous areas for Seveso III facilities in zoning plans
- Declaratory procedures (consolidation and extent of permits)
- Application for and maintenance of operating permits
- Management of approvals and evaluation of existing facilities
- Delegation of liability under public law – exclusion of liability
- Support in legal compliance projects related to issues of environmental or manufacturing facilities law
- Water and waste management law
- Forestry law and nature conservation law
- Law on air pollution (Clean Air Act)
- Chemicals and substances law (REACH)
- Accompanying of decontamination of contaminated sites and facilities
- Administrative orders: liability of polluter and land owner
- Handling environmental liability cases
- Administrative penal proceedings and criminal court proceedings
Traffic law
- Approval of infrastructure projects e.g. airports, road building and rail systems
- Environmental impact assessments and strategic environment assessment
- Strategies to optimize EIA-proceedings
- EIA-declaratory proceedings
- Involvement in project management and public relations work
- Railways law
- Road traffic law
- Cable car law
- Aviation law
- Water and waste management law
- Forestry and nature conservation law
- Air pollution law (Clean Air Act)
- Construction and zoning law
- Legal counselling in compulsory granting of easement and expropriation proceedings
- Administrative orders: measures of removal and re-establishment
- Handling of environmental liability cases
- Administrative penal proceedings and criminal law proceedings
- Consulting activities for associations and authorities
Waste management law
- Distinction between waste and product, admissible recovery, end of waste, distinction of by-products
- Hazardous waste – Declassification proceedings
- Permisson for setting up and operating waste treatment plants, e.g. thermal recovery plants, sorting and treatment plants, C/P plants, biogas facilities, mobile facilities or landfill facilities
- Optimized approval of modification of waste treatment facilities
- Permission of operating tests and pilot operations
- IPPC plant delimitation and adjustment
- EIA permisson and declaratory proceedings
- Seveso III legislation; consulting based on industrial facility and hazardous substances law
- Hazardous area declaration for Seveso III facilities in zoning plans
- Permission, start-up, shut-down and post closure care of backfill sites
- Declaratory proceedings (consolidation of existing permissions, range of existing permissions)
- Obtaining permit for waste collecting and treatment entities
- Approval of waste recovery systems
- Cross-border shipment of waste–notification proceedings
- Obligation to offer waste and contractual protection (disposal contracts)
- Compulsory treatment, registration and reporting obligations (Electronic Data Management)
- Administrative orders: polluter and land owner liability
- Handling of environmental liability cases
- Administrative criminal proceedings and criminal court proceedings
- Counselling for associations and authorities
Water management law
- Approval proceedings for hydro electrical power plants, water withdrawal, water intake and water storage facilities
- National water management plan and criteria catalogue
- Adaption to the newest standards and the best available techniques
- Re-granting proceedings
- Proceedings on conflicts of water resources, water usage arbitration
- Water supply plants and waste water disposal systems
- Flood protection and river engineering projects
- Protected and restricted areas
- Water associations
- Legal monitoring in compulsory grant of easement or expropriation proceedings
- Administrative orders: measures: polluter and landowner liability
- Handling of environmental liability cases
- Administrative penal proceedings and criminal law proceedings
- Counselling for associations and authorities