Schoenherr advised Grupa Żywiec (the Polish subsidiary of the Heineken Group), a prominent brewing company in Poland known for its rich tradition and innovative approach to alcoholic beverage production, on signing a conditional agreement for the sale of the brewery in Leżajsk to Mycofeast. 

Designating designs

As we already noted in our blog article of 19 March 2024 (link), intellectual property covers more than "just" trademarks. A design is particularly recommendable if the external appearance of a product or part of it is to be protected.

Climate change litigation has been making waves, with companies and states facing legal challenges related to their environmental impact. Climate activists try to enforce their right to climate protection and a sustainable future through legal proceedings and are treading a fine line between environmental regulations, corporate responsibility, and inaction of their own states. Most companies are aware of these developments and do their best to balance business goals while enhancing sustainable practices.

As noted in our previous article on this topic, the CBAM is a new carbon tariff instrument introduced as part of the EU's Fit for 55 package, a strategy to reduce the EU's greenhouse gas emissions by at least 55 % by 2030. The CBAM applies to imports into the EU of certain products and is based on the emissions generated in their production outside of the EU. Currently, in the transitional phase of the CBAM, importers only have the obligation to report on the amount of emissions embedded in the products they import, but from 2026 onwards they will also be obliged to buy and surrender CBAM certificates to cover for these emissions. Therefore, under the CBAM, non-EU producers will not only have to assist their EU partners in the reporting process, but also potentially face significant impacts on their businesses as a result of the new financial burdens importers will encounter.

In April 2024, the Austrian government presented a draft of the Grace-Period-Act aimed at assisting family businesses and SMEs in the event of a business transfer within the family.

In 2023 we advised a client in connection with the issuance of the first sustainability-linked bond by an Austrian corporation placed among international institutional investors as well as Austrian retail investors. Its main feature is that the coupon for the last year of the term will increase if one or both predefined step-up events linked to the issuer's sustainability targets occur.

A 2020 review of the Consumer Credit Directive (2008/48/EC) ("CCD I") by the European Commission (EC) found that CCD I has been only partially effective in ensuring a high level of consumer protection.

In our practice, we have found that the most common reason for distressed companies to initiate reorganisation measures is a severe liquidity squeeze.