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On Monday, May 6th, 2019 an oral hearing was taking place at the European Court of Justice in Luxemburg regarding the question, whether the sanctions provided for in the Austrian Wage and Social Dumping Law are compatible with the European Law. The case was addressing penalties amounting to millions for purely formal offences, such as for incomplete wage documentation. Such penalties can ruin the economic existence of entrepreneurs and bear no proportion to the seriousness of the offence, whereas underpayment has not even occurred.
During the hearing the European Commission as well as the Judges voiced their criticism about the current Austrian legislation. The attorneys Grilc Vouk Škof have been calling attention to this issue in numerous cases for years, and they are also involved in this particular case. The proceedings have been closed, the date for the rendition of judgement will be announced. The attorneys Grilc Vouk Škof are optimistic that the European Court of Justice will overturn the Austrian legislation regarding the amount of minimum penalties, the accumulation of penalties without maximum limits as well as flat-rate reimbursements of costs based on the amount of the penalty for being incompatible with the free movement of services.
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The company Grilc Vouk Škof d.o.o. will transfer its seat to Austria while carrying out a conversion to Grilc Vouk Škof GmbH
Is it possible to transfer a Slovenian company to Austria in the way a moving company is transferring furniture, or even »by means of a rucksack«?
Show more...As many Slovenian companies are seeking for a more business-friendly environment, they are considering a transfer of their seats to another country, i.e. to Austria. The discussion regarding the transfer of a company´s seat to another Member State has recently been reignited when the well-known businessman Akrapovič publicly considered to transfer the seat of his company abroad. The thought of transferring the seat and thus the company itself to another country, literally by means of a rucksack, nowadays still seems to be a bone of contention. Business law professors at universities are illustrating this audacity as »companies shooting themselves at the border«.
But why should it be possible for a company to transfer its seat from Maribor to Ljubljana or from Vienna to Graz, but not from Maribor to Graz or vice versa? The reasons for it are differring. While in the past this matter was not one to be publicly discussed, the recent jurisprudence of the Court of Justice of the European Union – i.e. in the judgements Cartesio, VALE and Polbud - has drastically changed the judicial landscape.
Austrian district courts have previously ruled regarding the »import« and »export« of joint partnerships, but not yet about the »import« and »export« of corporations.
In order to field-test the procedure of a cross-border conversion of a corporation in relation to the countries of Slovenia and Austria, we have established the limited liability company Grilc Vouk Škof d.o.o. Having its seat in Ljubljana, this corporation shall carry out a cross-border conversion and in the process transfer its seat to Klagenfurt.
We will keep you updated about all de facto challenges in the »Pravna praksa«, on our homepage, as well as on our facebook-page https://www.facebook.com/grilcvoukskof3.
As to the current state of proceedings:
The main practice areas of the law firm Grilc Vouk Škof are commercial and corporate law in Austria, Slovenia, Croatia, Bosnia and Herzegovina, Serbia and Montenegro. Furthermore, we also provide all “standard legal services” – handling everything from purchase agreements to the recovery of debts, from divorces to traffic accidents. Years of professional experience guarantee the quality of our legal advice.
All partners, lawyers and assistants at the law firm Grilc Vouk Škof are multilingual, which enables us to communicate with clients in their own language and without consulting translators. Our main goal is to tender our clients with tailor-made solutions - promptly, innovatively and effectively.
Naturally, our clients expect only the best performance and the best results. A reliable and qualified team is hereby of essential importance. Flexibility, commitment and an extensive knowledge of languages can guarantee customized and efficient solutions.
Situated on the intersection of several countries, the mastery of the European law is most essential. On a daily basis we deal with fundamental...
Situated on the intersection of several countries, the mastery of the European law is most essential. On a daily basis we deal with fundamental questions regarding jurisdiction, applicable law and feasibility of EU directives. The law firm Grilc Vouk Škof has successfully represented clients in numerous proceedings before the European Court of Justice (preliminary rulings).
In the field of Commerical Law law we provide our clients a “full legal service” in Austria, Slovenia, Croatia, Bosnia and Herzegovina, Serbia...
In the field of Commerical Law law we provide our clients a “full legal service” in Austria, Slovenia, Croatia, Bosnia and Herzegovina, Serbia and Montenegro.
We assist clients in setting up business enterprises, acquiring assets, obtaining licenses, providing advice in relation to entering into the aforementioned markets, addressing real estate issues, handling financing and securitizations, processing building projects, recovering debts, and managing the commencement and termination of employment relationships.
There are fundamental differences between the Austrian labour law and the labour law in Slovenia, Croatia and Serbia, e.g. with regard to the...
There are fundamental differences between the Austrian labour law and the labour law in Slovenia, Croatia and Serbia, e.g. with regard to the termination of employment contracts, the calculation of remuneration, as well as the conclusion of contracts for an indeterminate period of time.
We advice our clients in Slovenia, Croatia and Serbia while bearing in mind these fundamental differences.
Furthermore, the law firm Grilc Vouk Škof regularly advises clients in relation to posted workers, related social insurance and tax issues.
The partners at the law firm Grilc Vouk Škof often represent Austrian, Slovenian and Croatian companies in arbitration proceedings.
The partners at the law firm Grilc Vouk Škof often represent Austrian, Slovenian and Croatian companies in arbitration proceedings.
We also advise clients in the following areas of expertise:
We also advise clients in the following areas of expertise:
We represent clients also in the following areas:
Furthermore, we advice...
We represent clients also in the following areas:
Furthermore, we advice clients on inheritance issues
in Austria, Slovenia, Croatia, Bosnia and Herzegovina, Serbia and
Montenegro.
The partners and lawyers of Grilc Vouk Škof have specific knowledge of issues regarding human rights and fundamental freedoms.
The law firm Grilc...
The partners and lawyers of Grilc Vouk Škof have specific knowledge of issues regarding human rights and fundamental freedoms.
The law firm Grilc Vouk Škof has successfully argued many cases before the Austrian Constitutional Court and the European Court of Human Rights. Thereby we place great emphasis on transparency towards our clients and inform them about their specific prospects of success.
All partners and several employees of the law firm Grilc Vouk Škof are members of the Slovenian ethnic minority in Carinthia. Therefore, particular...
All partners and several employees of the law firm Grilc Vouk Škof are members of the Slovenian ethnic minority in Carinthia. Therefore, particular attention is also paid to minority rights.
The law firm Grilc Vouk Škof has successfully brought a wide range of actions before the Austrian Constitutional Court and achieved numerous groundbreaking decisions, e.g. the decision on bilingual place-name signs and the decision regarding the use of Slovenian as an official language in Carinthia.
The law firm Grilc Vouk Škof frequently represents clients in criminal law proceedings before Austrian courts. Particularly in this field of law...
The law firm Grilc Vouk Škof frequently represents clients in criminal law proceedings before Austrian courts. Particularly in this field of law direct communication with clients and familiarity with their mentality are of inestimable value and pose a significant advantage.
For over 25 years, the partners of the law firm Grilc Vouk Škof have regularly been holding lectures and workshops on issues in the fields of...
For over 25 years, the partners of the law firm Grilc Vouk Škof have regularly been holding lectures and workshops on issues in the fields of commercial and corporate law in Austria, Slovenia, Croatia, Serbia, Bosnia and Herzegovina and Montenegro.
Founded by dr. Matthäus Grilc in the year 1979, the law firm Grilc Vouk Škof has vast knowledge of the commercial law and political relations in Slovenia, Croatia, Bosnia and Herzegovina, Serbia and Montenegro.
Since the early 1980ies, the law firm Grilc Vouk Škof has advised many companies from the former Yugoslavia now carrying out their business activities in Austria.
Since the independence of Slovenia, Croatia, Bosnia and Herzegovina and Serbia in the 1990ies, our law firm has regularly advised German and Austrian entities on their business activities in the successor states of the former Yugoslavia.
The law firm Grilc Vouk Škof was shareholder of the first private limited liability company with foreign shareholders established in the former Yugoslavia after 1945.
Furthermore, the law firm Grilc Vouk Škof is one of the founders of the SLG Slavia Law Group, a European association of lawyers specializing in the legal systems of Central and Eastern Europe.
The law firm Grilc Vouk Škof has four locations: the home office in Klagenfurt and offices in Graz, in Ljubljana and in Vienna. This enables us to provide direct and effective services in the heart of Europe.
A-9020 Klagenfurt/Celovec
Karfreitstraße 14/III
Phone: +43 (0)463 542 67
Fax: +43 (0)463 542 67 77
office@gvs3.at
facebook.com/grilc.vouk.skof
Rechtsanwaltskammer für Kärnten
A-8020 Graz/Gradec
Lagergasse 57a/Eingang Grieskai
Phone: +43 (0)316 72 22 20
Fax: +43 (0)316 72 22 20 330
office@gvs3.at
facebook.com/grilc.vouk.skof
Steiermärkische Rechtsanwaltskammer
SI-1000 Ljubljana
Komenskega ulica 12
Phone: +386 (0)129 270 68
office@gvs3.at
facebook.com/grilc.vouk.skof
Odvetniška zbornica Slovenije
A-1010 Vienna
Zelinkagasse 6
Phone: +43 (0)1 397 94 05
Fax: +43 (0)463 542 67 77
office@gvs3.at
facebook.com/grilc.vouk.skof
Wiener Rechtsanwaltskammer
