Legal fields

Construction Contract Law

Construction contract law regulates the implementation of construction projects and the question of breach of contractual obligations within the scope of tort law or warranty.

Service: Representation before courts, authorities and drafting of contracts

The law firm Stögerer-Preisinger represents architects and real estate agents in construction law disputes of public and private construction law before the administrative and civil courts. The building industry is a matter for the federal states, therefore different building regulations have to be considered depending on the federal state.

Civil service law, disciplinary law, criminal law for civil servants, contract staff law

The Civil Service Act regulates the public service contracts of civil servants in the Federation (Civil Service Act 1979 – BDG 1979) as well as in the provinces and municipalities (provincial laws containing rules on service and disciplinary law). The Contract Staff Act shall apply to the employment relationships of contract staff.

The disciplinary law for civil servants is governed by the Civil Service Law Act (Beamtendienstrechtsgesetz, BDG), for military personnel by the Army Disciplinary Law Act (Heeresdisziplinargesetz, HDG). The provinces have created their own disciplinary rules in various provincial laws. Failure to comply with disciplinary rules can have serious consequences for civil servants, including the loss of all rights and claims arising from the employment relationship. For contract staff, dismissal or even dismissal in the event of misconduct is regulated in the Contract Staff Act.

Civil servants’ criminal law regulates any conduct of civil servants and contract staff that may be relevant to criminal law (e.g. abuse of office). As soon as the public prosecutor recognises such criminal behaviour, proceedings are instituted before the criminal courts, which can lead to the loss of office.

Civil liability claims before civil courts may arise where the rights of civil servants have been culpably infringed.

If executive officers are injured on duty, you are entitled to pain and suffering compensation and loss of earnings under the Salary Act (until 30.6.2018, the Guard Servants Assistance Act applied, which continues to apply to situations which occurred before 30.6.2018).

Service: Representation before courts and authorities

Stögerer-Preisinger advises and represents civil servants and contract staff before public authorities (disciplinary authorities) as well as in public law, civil law and criminal law matters before all competent administrative, civil and criminal courts.

We represent and advise, among other things, on breaches of the employer’s duty of care. We help with (threatening) offences against the ban on discrimination, questions of equal treatment and the ban on mobbing.
In disciplinary proceedings, the official is liable to suffer serious consequences, including the loss of all rights and remedies attaching to his employment. Stögerer-Preisinger advises and represents the officials concerned throughout the entire disciplinary procedure.

If accusations lead to criminal proceedings against the civil servant, the Stögerer-Preisinger law firm advises and represents the civil servant within the framework of the public prosecutor’s investigation procedure with the aim of invalidating the accusation already during the investigation procedure and obtaining the discontinuation of the criminal proceedings. When an indictment is brought, the prosecution is represented before the competent criminal court.

Fiscal Criminal Caw

Violations of tax law provisions, customs law in the import of goods, provisions governing import sales tax or other provisions governing the import of goods may not only result in sensitive tax claims which may endanger the existence of the company but may also have consequences under financial criminal law.
Criminal tax proceedings are instituted against the responsible persons who have committed the relevant acts. Companies that commit offences relevant under financial criminal law can also be held liable under the law on persons responsible for financial offences.

Service: Representation before courts of law

The Stögerer-Preisinger law firm represents clients in proceedings relating to fiscal criminal law.

Real estate and company purchase contract law

Real estate transactions (real estate, condominiums) are to be regulated in written contracts so that they can be carried out in the land register. They serve to regulate the mutual obligations arising from the respective transaction in a binding manner.

The execution of purchase contracts also requires the assumption of the trusteeship for the agreed purchase price. This is handled via the trust register of the Vienna Bar Association, which provides additional protection for the contracting parties.

In addition to drawing up the contract, all steps (land transfer tax, real estate income tax, obtaining permits, execution in the land register, etc.) are handled.

Company transactions are hedged on all sides by concluding corresponding company purchase agreements.

Service: drafting of contracts; representation before authorities and courts; trusteeship

The Stögerer-Preisinger law firm has many years of experience in all areas of contract law and advises on all aspects of contract drafting.

Tenancy and Residential Law

Tenancy law is governed by the Mietrechtsgesetz (MRG) and, insofar as this does not apply or does not apply in full, by the ABGB. It is a very complex matter, particularly because of the numerous transitional, enforcement and exceptional provisions that have been made over the years.

The MRG is primarily intended to protect tenants. However, tenancy law regulations also protect the landlord, especially if the tenant does not fulfil his obligations under the tenancy agreement.

Service: Representation before arbitration boards, courts and drafting of contracts

Stögerer-Preisinger advises and represents property managers of commercial real estate, condominiums and rented flats before and during civil law rent and eviction proceedings as well as in subsequent execution proceedings. The tenant’s special property rights under the German Tenancy Act require the plaintiff to strictly observe a specified procedure in order to successfully enter an eviction process.

The Stögerer-Preisinger law firm ensures that all necessary steps are taken in the proceedings, starting with the setting of a reasonable grace period to settle rent debts. The following rent and eviction action is only a further intermediate step. Numerous further steps are required up to the eviction date after the action has been filed: from the application for execution when the judgement is legally binding, through the execution permit to the final eviction date, many procedural steps and deadlines must be adhered to, the successful implementation of which we ensure.

However, we also represent tenants in all disputes arising from the tenancy – for example if the termination was wrongly pronounced, too high a rent is charged, the landlord does not comply with his obligations under the contractual relationship, etc. – and if the landlord does not comply with his obligations under the contractual relationship.

Social Security Law / Compensation Law

As a result of accidents, the costs of medical treatment and pension entitlements associated with the injuries are paid by the social insurance institution in accordance with the social insurance regulations for its insured persons.

The liability for this shall be governed by the provisions of the law on damages in conjunction with the provisions of social security law of the injuring party or its liability insurer.

Service: Representation before courts of law
  • Representation before civil courts
  • Representation before criminal courts

Transport and Forwarding Law

Transport law regulates the transport of goods. The transport of goods by road is finally regulated in the provisions of the CMR, the International Road Transport Convention. The carriage of goods by air is finally regulated in the Montreal Convention. Rail transport is regulated in various agreements. Only those areas which are not regulated in these agreements are subject to the national regulations (UGB, AÖSP).

Freight forwarding law regulates the activities of the freight forwarder insofar as CMR’s mandatory freight law does not apply. The AÖSP regulate the claims of the freight forwarder as well as the liability of the freight forwarder towards his principal. For entrepreneurs who have a business relationship with freight forwarders, the AÖSPs are in most cases regarded as commercial practice. Otherwise they have to be agreed separately, like general terms and conditions. If the AÖSP do not apply, the legal regulations, in particular the UGB, apply.

Administrative regulations, such as the Freight Transport Act, regulate the public law obligations of freight transport operators. Serious infringements, e.g. of driving time regulations, can lead to the withdrawal of the licence.

Service: Representation before courts, authorities and drafting of contracts

The law firm Stögerer-Preisinger represents traffic liability insurers and transport insurers in civil law disputes before civil courts. Our clients benefit from our many years of experience in forwarding and transport law in court representation, e.g. in cases of transport recourse.

Customs Law / Import Turnover Tax / Fiscal Criminal Law

Customs law is based exclusively on EU Community law, the Customs Code and the provisions adopted in this connection. Within the economic territory of the European Union there is free movement of goods. Customs issues are therefore exclusively related to “third countries” outside the EU.

The import turnover tax is levied by the Austrian customs authorities in addition to customs duties and special excise duties (e.g. beer tax or alcohol tax) on the import of goods from third countries into Austria. However, VAT issues can also arise in the movement of goods within the European Union if the Member State into which the goods are imported is not identical to the Member State for which the goods are intended.

Violations of customs law, regulations governing import sales tax or other regulations governing the import of goods may result in sensitive tax claims which may even jeopardize the existence of the company. But financial criminal law consequences can also occur. Companies that commit offences under financial criminal law can also be held liable under the Law on Persons Responsible for Fiscal Offences.

Service: Representation before customs authorities, criminal courts and tribunals

Stögerer-Preisinger represents clients in import duty proceedings. Our clients benefit from our many years of experience in the forwarding and transport sector in matters relating to customs law and import turnover tax. Starting with the choice of the procedure to be applied, we optimally apply the customs structuring possibilities to the greatest possible advantage of our clients.