We represent

Architects, house and apartment owners

The law firm Stögerer-Preisinger represents both architects and private individuals in matters of construction contract law.

Area of law: 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 arbitration boards, courts and drafting of contracts
  • Representation before court
  • Representation before authorities
  • Preparation of building contracts

Officials, staff in contract

The Stögerer-Preisinger law firm has almost 30 years of experience in representing and advising public employees (civil servants and staff in contract) in the federal and state governments.

Areas of law: Civil service law, disciplinary law, criminal law for civil servants, compensation according to the salary 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 Staff in contract Act shall apply to the employment relationships of staff in contract.

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 staff in contract, dismissal or even dismissal in the event of misconduct is regulated in the Staff in Contract Act.

Civil servant 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 punishable 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, they are entitled to claim pain and suffering compensation and loss of earnings under the Salary Act.

Service: Representation before courts and authorities
      • Representation before civil courts
      • Representation before criminal courts
      • Representation before disciplinary authorities
      • Representation before service authorities

Property management companies, property owners

Stögerer-Preisinger advises and represents property managers and owners in the enforcement of their claims.

Areas of tenancy law 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
  • Representation before arbitration boards
  • Representation before courts in proceedings concerning interest, rent and eviction of property
  • Preparation of rental contracts

Buyers and sellers of real estate and companies as well as real estate agents

The law firm Stögerer-Preisinger represents and advises on the purchase or sale of real estate and companies.

Law of real estate purchase contract law 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 carried out.

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

Service: drafting of contracts; representation before authorities and courts; trusteeship
  • Establishment of real estate contracts
  • Execution of contracts in the land register
  • Takeover of the Treuhandschaft for the agreed purchase price payments
  • Representation before courts
  • Representation before authorities
  • Establishment of company purchase agreements

Social Insurance Carriers

Stögerer-Preisinger represents social insurance institutions in the assertion of recourse claims (based on claims made by the social insurance institution) against injuring parties.

Areas of law Social security law / tort 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.

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

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

Forwarding and transport companies that handle customs clearance for their customers

Stögerer-Preisinger has many years of experience in customs law and
regularly represents clients in customs proceedings and criminal tax proceedings.

Areas of law 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.

In addition to customs duties and special excise duties (e.g. beer tax or alcohol tax), the Austrian customs authorities levy import turnover tax on goods imported into Austria from third countries. 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 authorities, senates and courts
  • Representation before customs authorities
  • Representation before criminal tribunals of the tax authorities
  • Representation before criminal courts

Forwarding and transport companies, forwarding, traffic liability and transport insurance companies, insurance and claims offices

Stögerer-Preisinger has many years of experience in forwarding and transport law and represents not only transport and forwarding companies, but also the shipping industry and its insurers.

Areas of law 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
  • Representation in court
  • Representation before authorities
  • Preparation of logistics contracts