Practice areas
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European Law

Cross-border transactions require legal certainty in the EU context. We advise on Europe-wide contract issues and provide clarity with regard to EU law requirements – so that international business runs smoothly. We tell you frankly how we assess your matter and give you an estimate of the costs.

EU law is not a distant subject – it determines data protection, procurement, product approval and the posting of workers in everyday business.

European law comprises the primary law of the Treaties – in particular the TEU and the TFEU – and the secondary law made by the EU institutions. It organises cooperation between the member states, carries the single market and safeguards core values such as the rule of law and fundamental rights. For businesses it reaches directly into practice: through regulations that apply without transposition, and through national statutes implementing directives.

Our services in European law

  • Fundamental freedoms: free movement of goods, services, establishment and capital as well as free movement of workers – testing national restrictions against EU law.
  • Single market law in practice: product safety and conformity assessment, consumer protection in cross-border trade, posting of workers.
  • Data protection: GDPR compliance, cross-border data flows, proceedings before the data protection authority – see also data protection law.
  • Procurement and state aid: application of thresholds, review proceedings, state aid assessment of subsidies.
  • Proceedings: suggesting references for preliminary rulings, complaints to the European Commission, support in infringement proceedings, actions for annulment.
  • State liability: claims arising from sufficiently serious breaches of EU law.

Legal acts and their effect

  • Regulations apply directly and bindingly in all member states, without national transposition.
  • Directives bind as to the result but leave the choice of means; they take effect through implementing legislation and, where transposition is inadequate, may in certain circumstances apply directly.
  • Decisions bind only their addressees, but bind them completely.
  • Recommendations and opinions are not binding but set the direction and are drawn on in interpretation.

Precedence means your rights apply now

EU law takes precedence over national law in its application. Courts and authorities must disapply conflicting national provisions – this is not an academic proposition but a practical argument against burdensome decisions and rules. Where a question of interpretation is open, preliminary ruling proceedings under Article 267 TFEU come into consideration: the national court refers the question and the proceedings are stayed pending the answer. We prepare such suggestions so that they have a prospect of success.

European law for Salzburg businesses

Salzburg borders Bavaria; cross-border situations are everyday matters here – posting employees, distributing into Germany, employing commuters, supply chains across the border. We examine whether national requirements are compatible with EU law, coordinate with firms in the member states concerned and conduct the proceedings before Austrian courts, which are the real stage on which EU law is applied.

Test the rule before accepting it

Not every national requirement withstands scrutiny under EU law. Where a provision noticeably restricts your business, it is worth testing it against the fundamental freedoms. Describe the situation to us – we will tell you whether that route holds.

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Frequently asked questions

What is the difference between a regulation and a directive?

What is the difference between a regulation and a directive?

An EU regulation applies directly in all member states and requires no transposition – the GDPR is the best-known example. A directive binds member states only as to the result and leaves them the choice of means; it takes effect through national implementing legislation. Where a state transposes late or inadequately, individuals may nonetheless rely on the directive directly under certain conditions.

Does EU law take precedence over Austrian law?

Does EU law take precedence over Austrian law?

Yes. EU law takes precedence in application; national courts and authorities must disapply conflicting national law. The national provision is not repealed, merely set aside in the specific case. This precedence also applies to constitutional law, although the fundamental principles of the Austrian Federal Constitution mark a limit.

What are preliminary ruling proceedings?

What are preliminary ruling proceedings?

Under Article 267 TFEU a national court may – and a court of last instance must – refer questions on the interpretation of EU law to the Court of Justice. The main proceedings are stayed pending the answer. For parties this is an effective instrument, because a reference can fundamentally change the legal position; a suggestion to refer should therefore be formulated with corresponding care.

What can I do if Austria fails to comply with EU law?

What can I do if Austria fails to comply with EU law?

You can complain to the European Commission, which may open infringement proceedings under Article 258 TFEU. For an individual case, the route through the national courts combined with a reference to the Court of Justice is usually more effective. Where a sufficiently serious breach of EU law causes loss, state liability may also arise.

Where does EU law actually affect a medium-sized business?

Where does EU law actually affect a medium-sized business?

More often than expected: data protection (GDPR), the new digital acts from the AI Act to the Data Act, product safety and CE marking, consumer law in online trade, posting of workers, public procurement above the thresholds, antitrust and state aid law – including the de-minimis threshold of 300,000 euros over three years, below which subsidies remain aid-free –, customs and rules of origin, and sustainability reporting. We assess which of these rules actually apply to your business model.

From what contract value must a tender be advertised EU-wide?

From what contract value must a tender be advertised EU-wide?

What matters are the EU thresholds, which are reset every two years and published in the Official Journal; they differ according to the contracting authority and according to whether works, supplies or services are being procured. Below the thresholds, the national regime of the Federal Procurement Act applies, with its own types of procedure. What is decisive is a proper estimate of the contract value before the procedure begins – splitting a contract with the aim of falling below the threshold is impermissible and makes the procedure open to challenge.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about european law?

Tell us about your case – we will give you a candid assessment and a clear picture of the cost.

+43 662 26033