Practice

We are experts in environmental and energy law.

In addition, we accompany our clients' projects with regard to all other relevant aspects, in particular in the areas of contract, corporate, real estate and criminal law.

Waste and Circular economy

  • Approval of waste treatment plants (e.g. plants, sorting and treatment plants, C/P plants, biogas plants, mobile plants or landfills)
  • Differentiation between waste and product, permitted recovery, end-of-waste, by-products
  • Declassification of hazardous waste to non-hazardous waste process
  • Pilot trials and testing of facilities
  • Definition of installations under the Industrial Emissions Directive EIA consent procedures and EIA declaratory procedures
  • Seveso III law: Advice on the control of major-accidents hazards involving dangerous substances regarding industrial plants and zoning plans)
  • Declaratory procedure (consolidation of administrative consent decisions, consensus scope, waste or product)
  • Obtaining permits for waste collectors and treaters
  • In-house waste management for companies (e.g. waste representative, necessity of an permit under the Federal Waste Management Act 2002)
  • Approval of recovery systems
  • Cross-border waste shipment - notification procedure
  • Treatment obligations, recording obligations, presentation and recording in the EDM-portal
  • Handling of environmental liability cases: Polluter and Property Owner Liability
  • Administrative penal proceedings and judicial criminal law
  • Advice for associations and authorities

Remediation of contaminated sites

  • Contaminent site contributions under the Act on the Remediation of contaminated sites (AlSAG-contributions)
    • Evaluation of the contribution obligations
    • Reimbursement of incorrectly paid AlSAG-contributions
    • Declaratory procedure
    • AlSAG-optimised project design
    • Assistance in financial penal proceedings
  • Representation in the designation of old sites, suspected sites or contaminated sites
  • Procedures for securing or remediating contaminated sites
  • Defence against remediating responsibilities

Construction and Real Estate Law

  • Retrofitting of facilities for the generation of electricity from renewable energy sources (photovoltaics, renewable heat)
  • Establishing and advising communal generation plants and energy communities
  • Developing contracting models and drafting contracting agreements for heat supply, energy savings or photovoltaic systems
  • Drafting real estate purchase, rental and lease agreements
  • Preparation of construction, developer and service contracts
  • Compliance with the Taxonomy Regulation in the field of real estate law
  • Planning and accompanying construction procedures, obtaining building permits
  • Planning and guiding urban development projects (EIA consent procedures and EIA declaratory procedures)
  • Accompaniment of spatial planning procedures
  • Conducting land register proceedings

Emissions Trading

  • Assistance with allocation procedures and plant approval procedures
  • Legal protection against allocation decisions
  • Allocations from the reserve
  • Assistance with plant modifications for emission reduction and their administrative recognition
  • Optimised operational interruptions and facility shutdowns
  • Consultation on monitoring and reporting
  • CO2 -separation and storage law
  • Administrative recognition of emission reductions

Energy

  • Energy regulatory consultation (balancing energy market, grid access issues, direct lines, REMIT, etc.)
  • Drafting Power Purchase Agreements (PPA) and contracting agreements
  • Establishing and consulting on renewable energy communities, citizen energy communities and communal generation plants
  • Legal due diligence in the acquisition of wind energy, photovoltaic and hydropower projects
  • Consultation on renewable heat, district heating, battery storage as well as hydrogen and eFuels production
  • Permit procedures for energy projects (generation plants, energy storage facilities and transmission lines), including EIA procedures
  • Consultation on energy spatial planning and zoning plans for wind power and photovoltaics
  • Representation in dispute resolution proceedings with the E-Control and in court (power litigation)
  • Consultation on subsidies (esp. Renewable Energy Expansion Act) and Contracts for Difference (CfDs)
  • Drafting easement agreements for generation plants and right-of-way agreements
  • Energy steering law and interventions in pricing (basic supply; Energy Crisis Contribution Act)

Forestry law

  • Clearing procedure
  • Determinations of non-forestry land
  • Assistance with approval procedures for extraction facilities
  • Forestation and other rights of use in the forest
  • Consulting forest protection projects
  • Forest utilization in Natura 2000 or other protected areas

Company and Corporate Law

  • Contract law
  • Drafting and review of general terms and conditions (GTC review)
  • Mergers and acquisitions, including environmental due diligence examinations
  • Delegation of public-law liability - liability-resistant organisations
  • Supervision of environmental and facility-related legal compliance projects
  • Company formations and liquidations
  • Competition law and state aid law
  • Tort law
  • Enforcement of claims
  • Executions (enforcement of legal judgments)

Trade Law

  • Approval and modification permits for commercial operating facilities
  • IPPC plant delimitation and adjustment, adaptation to “Best available Techniques”  ("BAT adaptation")
  • Seveso III law; plant and hazardous substance-related advice (land-use planning)
  • Declaratory procedure
  • Obtaining and supervising rade licences
  • Permit management and inventory evaluations ("Legal Compliance Projects")
  • Delegation of public-law liability - liability-resistant organisations
  • Administrative penalty proceedings and judicial criminal law
  • CO2 -Separation and storage plant law

Industrial and Plant Law

  • Permits for industrial and operational facilities, e.g. facilities in the heavy and construction materials industry, wood and paper as well as the chemical and steel industry
    • Pilot Trials and testing of facitlities
    • IPPC and Seveso-related issues (e.g. land-use planning, "BAT adaptation")
  • Environmental impact assessments and strategic environmental assessments
  • Emissions trading legislation
  • Support for contaminated site remediations and environmental liability cases
  • CO2 -capture and storage plant law (decarbonisation)
  • Permit management and inventory evaluations ("Legal Compliance Projects")

Infrastructure Projects and Major Pojects

  • Accompaniment of approval procedures in the energy infrastructure sector (power lines, gas pipelines, storage power plants, pumped storage hydro power plants etc.)
  • Approvals of infrastructure projects, e.g. airports, road and rail projects, shopping centres, technology and industrial parks, ski area developments and expansions
  • Accompaniment of water management infrastructure measures, e.g. canal facilities, river engineering projects and flood protection structures
  • Cross-border infrastructure projects, e.g. gas and electricity lines
  • Environmental impact assessments and strategic environmental assessments
  • IPPC plant delimitation and adaptation, adaptation to  “Best Available Techniques” (“BAT-adaption”)
  • Support with site selection based on spatial planning law criteria and optimised handling of the approval procedure
  • Accompaniment of spatial planning procedures
  • Development of optimised project designs
  • Accompaniment of proceedings for the compulsory granting of servitudes and expropriation proceedings
  • Coordination between authorities, experts, project team, political decision-makers and other stakeholders
  • Legal support for public relations work

Litigation PR and Communication Strategies

  • Development of communication strategies together with PR professionals
  • Legal support for public relations work
  • Support for public relations in cases of environmental damage - green collar crime
  • Public engagement in the approval process
  • Public participation in the pre-project phase
  • Interdisciplinary approach: Cooperation between media professionals and lawyers
  • Public opinion formation in relation to communities and authorities

Air Pollution Control Law

  • Obtaining exemptions for emission limits
  • Evaluation of protection zone designations
  • Optimising plant permits pursuant to the provisions of the Air Pollution Control Act (IG-L)

Mining Law

  • Approval of extraction operating plans and closure operation plans
  • Water and waste management law
  • Forestry and nature conservation law
  • Optimisation and prevention concerning fees under the Remediation of contaminated sites Act
  • CO2 -Separation and storage plant law
  • Exploration and extraction of mineral resources
  • Permitting of mining facilities
  • Declaration procedure (notice consolidation, scope of consensus)
  • Support of environmental and facility-related legal compliance projects
  • Settlement of environmental liability cases
  • Administrative penalty proceedings and judicial criminal law

Nature Conservation Law

  • Assistance with impact assessments on Natura 2000 sites
  • Species protection: Assistance with special species protection assessments (existence of prohibitions or possibility of an exemption permit)
  • Legal design of interference and compensation or counterbalancing regulations
  • Legal design of measures to compensate interferences in protected asstes under nature conservation law
  • Administrative  orders: Removal and restoration orders
  • Implementation of projects in the Alpine area - Alpine Convention

Sports Law Ombudsman's Office

PROFESSIONAL - FREE OF CHARGE - CONFIDENTIAL - ANONYMOUS

Dr. Peter Sander, LL.M./MBA

Ombudsmann of the Play Fair Code
Lawyer
F: +43 1 513 21 24 - 30

 

Integrity in sports is important to us and equally important for all sports fans. The Ombudsman's office serves as a point of contact for all individuals involved in sports. We accept information and reports regarding planned or actual cases of match-fixing.

The Ombudsman's office is established within the law firm Niederhuber & Partner and commits to treat all information provided to it confidentially.

In close coordination with individuals who provide information or seek advice, and only with their explicit consent, the Ombudsman's office subsequently contacts the Play Fair Code. The Play Fair Code serves as an information hub for the relevant sports associations, and through its assistance, concrete procedures can be developed in accordance with association regulations, and individual problem-solving solutions can be found.

Contact can be made anonymously at any time via email or phone.

 

Planning Law

  • Legal planning and support of zoning and dedication procedures
  • Amendments to land-use plans - preservation of rights of land owners
  • Challenging ordinances and individual appeals to the Constitutional Court
  • Obtaining compensation afor the value of "expropriations" through re-zoning
  • Hazard area designation for Seveso III establishments in the zoning plan
  • Consideration of federal planning competences
  • Public participation in planning files (in the field of local and supra-local spatial planning)
  • Accompaniment of Strategic Environmental Assessments
  • Support of impact assessments for Natura 2000 sites

Sports Law

  • Sports facility construction - obtaining  administrative permits
  • Advice on all legal matters relating to sporting events
  • Legal protection and intellectual property law
  • Sponsorship and licensing agreements
  • Media law
  • Tort law
  • Sports criminal law
  • Company law
  • State aid and subsidy law

Product, Substance and Chemical law

  • Construction Products Regulation
  • REACH, CLP-Regulation
  • Product authorisation and classification, registration obligations
  • Demarcation between waste and product, by-product demarcation
  • Competition law issues

Litigation and arbitration proceedings

  • Litigation before commercial and civil courts
  • Counseling and representation before arbitral tribunals
  • Extrajudicial dispute resolution
  • Enforcement of claims
  • Dunning
  • Support for enforcment proceedings

Environmental Judicial and Administrative Criminal Law

  • Counseling and representation in criminal investigation proceedings
  • Development of communication strategies together with PR professionals
  • Judicial environmental criminal law - green collar crime
  • Representation before administrative penalty authorities and courts
  • Preventive assessments of potential liability risks ("liability-proof organisations")
  • Handling of environmental liability cases

Environmental Law and Technology Law

  • Environmental impact assessments
  • Emissions trading legislation
  • Commercial law, in particular commercial operation plant law
  • Chemicals and substance law (REACH)
  • Seveso III law; advice on plant and hazardous substances law
  • Mineral Resources Law
  • Cableway law
  • Aviation law
  • Railway law
  • Traffic law
  • Gas industry law
  • Law regarding right-of-way for power currents
  • Pipeline law

Environmental Impact Assessments (EIA)

  • Environmental impact assessments on industrial, energy, raw materials and infrastructure projects
  • Strategies for the optimised handling of EIA procedures
  • EIA declaratory procedures
  • Strategies for avoiding EIA porocedures
  • Participation in project management and public relations work
  • Optimised project delimitation, optimised project design
  • Transboundary EIA procedures
  • Division into section permits
  • Principal and detailed approvals
  • Subsequent modification approvals
  • Acceptance testing

Constitutional Law

  • Protection of fundamental rights (e.g. freedom of occupation, property rights etc.)
  • Appeals against administrative decisions and individual applications for examination of regulations or legislation
  • Advising on filing of party petitions for norm control in civil law proceedings
  • Legal examination in the case of suspicion of an unlawful ordinance or an unconstitutional laws, initiation of regulation or law examination proceedings in connection with appeals
  • Representation before the Constitutional Court and the European Court of Human Rights

Traffic law

  • Approval of transport infrastructure projects, e.g. airports, road and rail projects
  • Approval of rural transport infrastructure (freight and cable roads, forest roads, etc.)
  • Participation in project management and public relations work
  • Railway law
  • Road law
  • Cableway law
  • Aviation law
  • Construction and spatial planning law
  • Assistance with proceedings for the compulsory granting of easements and expropriation proceedings

Water law

  • Authorisation for the construction and commissioning of hydropower plants, water withdrawals, discharges and storage facilities
  • National water management plan and catalogue of criteria
  • Adaptation to the state-of-the-art of technology
  • Re-lending procedure
  • Contradictory proceedings
  • Water supply and sewage disposal systems
  • Flood protection and river engineering projects
  • Protected and conservation areas
  • Water associations and cooperatives
  • Accompaniment of proceedings for the compulsory granting of easements and expropriation proceedings
  • Water law cost reimbursement law
  • Administrative orders: Polluter and land owner liability
  • Handling of environmental liability cases
  • Administrative penalty proceedings and criminal law procedures
  • Consulting for associations and authorities

Competition and state aid law

  • Advice on national subsidy law, especially in the area of environmental and energy subsidies (EAG, UFG)
  • Examination of state measures under state aid law and monitoring proceedings before the European Commission
  • Action against greenwashing
  • Legal actions under the Unfair Competition Act (UWG) and their defence