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Kinstellar advises Rivean Capital on Austrian-law aspects of its majority investment in Engelmann Sensor
Kinstellar has provided legal advice to Rivean Capital in connection with its acquisition of a majority stake in Engelmann Sensor (“Engelmann”) from funds managed by DPE Deutsche Private Equity. Engelmann, headquartered in Germany, is a leading international provider of smart submetering solutions for heat, cooling and water consumption. With Rivean Capital as its new strategic partner, Engelmann aims to further expand its international footprint, drive product innovation and strengthen its operational capabilities. Kinstellar advised Rivean Capital on all Austrian-law aspects of the transaction. The team was led by Philipp Kapl (Partner, M&A) with key support from Agnes Lackenberger (Senior Associate
Guidance on FDI screening obligations in Austria
The Austrian ministry responsible for Foreign Direct Investment (FDI) matters, the Federal Ministry for Economy, Energy, and Tourism (“the Ministry”), recently released guidance on the assessment of the filing obligation for foreign direct investments in Austria. In particular, it provided clarification on the scope of critical infrastructure and offered information regarding the acquisition of key assets, controlling influence, as well as the micro-enterprise exemption. In general, Austrian FDI rules apply to foreign direct investments into Austria by non-EU, non-EEA, and non-Swiss persons or undertakings. The Austrian FDI regime applies when such persons or entities acquire an Austrian undertaking, obtain 10%
Notification obligation under the Austrian Investment Control Act (Investitionskontrollgesetz) for data centre investments in Austria
Increasing digitalisation, the market growth of cryptocurrencies, and the growing importance and use of AI are among the reasons that have led to an increasing demand for data centres and a growing interest in investments in this asset class in recent years. In addition to numerous other challenges associated with the acquisition and/or development of data centres, such as, in particular – (i) the search for a suitable location, for which the most important criteria are power supply and network infrastructure, as well as zoning and building regulations; (ii) obtaining the necessary public law approvals, whereby in addition to building and operating permits, also nature and water law approvals, as well as the conclusion
EU FDI Screening: Insights from the Commission’s 5th Annual Report and what they mean for CEE
The European Commission published its fifth annual report on the screening of foreign direct investment (FDI) into the EU accompanied by a Staff Working Document. The report covers developments during 2024 and provides an overview of FDI screening across the EU, the evolution of national screening mechanisms, and emerging investment trends highlighting both the EU’s ongoing openness to foreign investors and its efforts to strengthen safeguards for security and public order. While the EU-27 continued to attract significant investment FDI inflows slowed in 2023 and 2024 due to a decline in greenfield investments, even as mergers and acquisitions began to recover unevenly across Member States and sectors. By the end of
European Court of Justice reviews directors’ liability for cartel fines
Cartel fines, which can amount up to 10% of a company’s global group turnover, represent one of the most significant enforcement instruments in European competition law. With both the frequency and the magnitude of such cartel fines on the rise, companies are increasingly exploring the possibility of seeking recourse from managing directors. The admissibility of such damage claims is currently subject of preliminary ruling proceedings before the European Court of Justice (“ECJ”). 1. Facts of the case The Cartel Senate of the German Supreme Court (“BGH”, case no. KZR 74/23) referred a case to the ECJ involving a former managing director of a German limited liability company who simultaneously served as
European Commission publishes first in-depth decision on the Foreign Subsidy Regulation in e&/PPF
On 4 April 2025, the European Commission issued its long-awaited decision regarding the e&/PPF case, following an in-depth Phase II investigation that ultimately led to the adoption of commitments. The transaction concerns the 50%-plus-one-share acquisition by Emirates Telecommunications Group Company P.J.S.C. (“e&”) of PPF Telecom Group B.V.’s (“PPF Telecom”) telecommunication network and infrastructure businesses in Slovakia, Hungary, Bulgaria, and Serbia. The decision addresses key elements such as the concept of foreign subsidies and the distortion of competition, offering valuable guidance on how the Commission approaches merger reviews under the Foreign Subsidies Regulation (“FSR”). The decision