In the recent ILO newsletter Alexander Isola and Fran Gebauer analysed the impact of restructuring plans on non-participating creditors.

Graf Isola (f.k.a. Graf & Pitkowitz) has been awarded top positions in this year’s edition of the prestigious international client guide "The Legal 500 Europe, Middle East and Africa 2019".

Our Insolvency & Restructuring team under Alexander Isola and Stefan Weileder has once again been ranked in top position Tier 1.

In total 8 of our practice groups have been highly ranked in their fields.

Claudia Csáky recently analysed the decision of the General Court of the European Union of December 6, 2018, T-638/16 – Deichmann SE (Deichmann) v. EUIPO, intervener Vans Inc. (Vans) in INTA Bulletin.

Claudia Csáky recently analysed the decision of the General Court of the European Union of October 15, 2018, T-164/17 – Pink Lady in INTA Bulletin.  INTA Bulletin, dd 15 March,…

The Insolvency Act provides insolvency administrators with tools to challenge any actions committed by a debtor during a crucial period prior to the opening of insolvency proceedings. Recent Supreme Cour decisions regarding § 31 IO now clarify existing judicature regarding avoidance of overdraft payments due to preferential treatment and set the bar very high regarding the (un)avoidability of overdraft payments in the 12 months before the opening of insolvency proceedings.

The Austrian government has reached a compromise in response to the ECJ’s ruling that the former regulation was discriminatory. While introducing a paid holiday over Good Friday for all employees (Levelling-up) would have been complied with the ECJ’s decision, the Austrian government went with a different approach by abolishing Good Friday altogether (Levelling-down), to avoid employers having to provide double pay. Instead they’ve decided on the introduction of a personal holiday for everyone, which is also to replace the former Good Friday provision in collective labor agreements. This personal holiday will be counted as a regular leave day. However, if economic reasons deem it necessary that an employee works on his/her personal holiday, then extra holiday payments have to be made. In effect, the Evangelical Church Augsburg Confession, the Evangelical Church Helvetic Confession, the Old Catholic Church and the United Methodist are losing a public holiday, while nothing changes for everyone else.

Alexander Isola and Stefan Weileder were appointed liquidators for Borckenstein, a subsidiary of the Italian Fil Man Made Group. The company filed for insolvency at the Regional Court for Civil Matters in Graz at the beginning of this year. Alexander Isola and Stefan Weileder previously acted as liquidators for Borckenstein in 2016 in restructuring proceedings.

Stefan Weileder started his career at Graf Isola in 2006 and will now further support the expanding law firm in his new role as equity partner.