Whether it is registration, an operating plant or a looming withdrawal — we represent business owners before the trade authority.
Austrian trade law, set out in the Trade Act 1994 (Gewerbeordnung, GewO), governs the framework for registering, carrying on and ending a trade. For many businesses it effectively decides whether and where they may operate. We advise Salzburg businesses at every stage and represent them in proceedings before authorities and administrative courts.
Our services in trade law
- Trade registration: review of the personal requirements, allocation to the correct wording of the trade, the certificate of competence (Befähigungsnachweis), dispensation where the qualification is lacking.
- Managing director under trade law (gewerberechtlicher Geschäftsführer): appointment, requirements, liability, replacement.
- Choice of legal form: aligning the trade licence (Gewerbeberechtigung) with the company structure for sole proprietorships, partnerships and companies.
- Operating plant law: approval proceedings, simplified procedure, approvals for modifications, conditions, neighbours' rights.
- Proceedings before the authorities: representation in the case of complaints, inspections, administrative penal proceedings and interim coercive measures.
- Withdrawal and surrender: defending against withdrawal of the trade licence, appeal to the Provincial Administrative Court, an orderly winding-up.
The operating plant is the most frequent point of conflict
As soon as a plant may cause noise, odour, vibration or additional traffic, an approval from the trade authority is required. Neighbours have party status and may raise objections — the issues are often opening hours, beer gardens, ventilation systems, deliveries or parking. We prepare the application so that any conditions remain realistic, represent you at the oral hearing and fend off excessive objections. Conversely, we represent neighbours whose legitimate interests are disregarded in the proceedings.
Competent authorities in Salzburg
The trade authority of first instance is the Magistrate of the City of Salzburg or the relevant district administrative authority in Hallein, Salzburg-Umgebung, St. Johann im Pongau, Zell am See or Tamsweg. Appeals go to the Provincial Administrative Court of Salzburg, and from there to the Supreme Administrative Court and Constitutional Court. On questions of the certificate of competence, the Salzburg Chamber of Commerce is often also a point of contact. We know the procedures and the experts' usual requirements.
When the licence is at stake
Withdrawal of the trade licence hits a business at its core. It looms if the personal requirements cease to be met or in the event of serious breaches. An appeal to the Provincial Administrative Court lies against the administrative decision (Bescheid) — the time limit is short. At the same time, we examine whether a dispensation or the appointment of a managing director under trade law can secure the business.
Consult the authority before you invest
Anyone who leases or converts business premises before the permissibility under trade law has been clarified bears a considerable risk — the zoning, the location or the neighbourhood can cause the project to fail. Clarify this with us in advance — it costs a fraction of a failed conversion.