Our fields of activity

Upon express request, Tramposch & Partner also conducts out-of-court dispute settlements. In many cases, this is done in the preliminary stages of litigation or to avoid litigation.
 

The relevant communication and negotiations are carried out both actively, i.e. to enforce claims, and passively, to defend against or minimise the claims of the other party.
 

The aim of out-of-court dispute resolution is to avoid legal proceedings and to negotiate the best possible solution for the client by reaching a compromise.

Tramposch & Partner provides secure and competent advice in all matters of data protection law.

Data protection law has developed into a particularly important area of law due to technological developments and has become increasingly important.

It is advisable for companies to check the admissibility of planned process changes under data protection law in advance and to obtain any necessary authorisations from the data protection authority.
 

Tramposch & Partner offers support with:

• Introduction of whistleblowing hotlines
• Data export within the group
• Conversion of personnel files to e-personnel files
• Data protection in the workplace (keyword "video surveillance")
• Data protection when using mobile devices ("Bring Your Own Device")

In addition to representing clients before data protection authorities and obtaining authorisations, we also advise banks and leasing companies and respond to requests for data information.

Tramposch & Partner will take care of both out-of-court and in-court debt collection for you. The service includes the drafting of legal reminders in accordance with the Consumer Credit Act, contract cancellation, bringing an action and execution. In addition, the firm's internal call centre can be commissioned to collect the debt by telephone. For our major clients, we can offer attractive cost agreements due to the high degree of automation of our law firm.

If, despite all the measures taken, the outstanding debt cannot be recovered due to the insolvency of your customer, Tramposch & Partner will register the claim for you and look after it until the insolvency proceedings have been finalised.

The law firm Tramposch & Partner supports its clients in the areas of corporate and company law.

Our expertise ranges from setting up a company and determining the appropriate legal form to share transfers and mergers.

We specialise in the formation and ongoing advice of corporations, partnerships and other legal entities.

We pay particular attention not only to traditional ongoing corporate law advice, but also to complex, often cross-border matters.

Our practice also includes the prosecution and defence of company-related disputes before national courts and international arbitration tribunals.
 

Our services:

• Preparation of articles of association and participation agreements
• Preparation and attendance of shareholders' meetings
• Advising board members/managing directors and supervisory boards, assessing issues of directors' and officers' liability
• Advice in disputes between shareholders
• Obtaining official authorisations
• Joint ventures
• Structuring and implementation of reorganisations

The law firm reviews the fee statements of Austrian lawyers, in particular for our foreign clients.
 

It seems necessary to carry out such reviews time and again, as our foreign clients in particular are not familiar in detail with the complexity of Austrian fee law.
 

Experience has shown that such fee reviews can reveal considerable potential savings for the client liable to pay.

Tramposch & Partner has been representing credit institutions and leasing companies in all areas of their business activities for many years.
 

The representation includes the drafting of contracts, the handling of loan and leasing agreements as well as the review and drafting of general terms and conditions on the basis of the legal foundations and the supreme court judgements issued in association proceedings.
 

Tramposch & Partner also represents credit institutions and leasing companies in the enforcement of claims arising from contracts and in disputes relating to damages and unjust enrichment.
 

Tramposch & Partner has many years of experience in the field of debt collection from non-performing loan and leasing agreements, offering both extrajudicial and judicial representation throughout Austria.
 

The focus of debt collection is on speed, effectiveness and consistent collection measures in order to minimise the risk of bad debt losses.

Tramposch & Partner is also familiar with all aspects of product liability. We handle complaints, conduct negotiations and, of course, represent our clients in the event of litigation.
 

The Product Liability Act (PHG) regulates liability for personal injury and property damage caused by a defect in a product that already existed when it was placed on the market.
 

A product under the Product Liability Act is any movable physical object, even if it is part of another movable object or has been connected to an immovable object, including energy. A product is defective if it does not offer the safety that one is entitled to expect taking all circumstances into account.
 

Liability under the Product Liability Act is not dependent on fault, therefore only the objective defectiveness of a product and the causal link between the product defect and the damage incurred are relevant. Liability is also not dependent on whether a contractual relationship exists between the liable party and the injured party.
 

According to the Product Liability Act, personal injury is fully compensable (including compensation for pain and suffering), but damage to property is only compensated if the damage was not suffered by an entrepreneur who used the item predominantly in his business. Moreover, property damage is only compensated for the part exceeding EUR 500.00. Pure financial losses are not covered by the obligation to pay compensation under the Product Liability Act.
 

Claims for compensation arising from product liability lapse according to general rules 3 years after the damage and the party causing the damage become known.

Tramposch & Partner has more than 30 years of experience in conducting legal disputes. Our long-standing practice enables us to optimally assess the chances and risks of proceedings and guarantees competent advice and support even in complex matters. Tramposch & Partner offers comprehensive advice and representation in national and international court proceedings and our activities also include the enforcement of domestic and foreign court judgements.
 

Due to its three offices in Austria, Tramposch & Partner represents its clients before all courts and administrative authorities throughout the entire territory of the Republic of Austria and can therefore generally avoid substitutions to other colleagues.
 

When enforcing or defending claims in court or in arbitration disputes, it is essential to consider all aspects and consequences and therefore requires thorough preparation and strategic planning. We rely on close co-operation with our clients: Our focus is on safeguarding our clients' interests and it is therefore our goal to achieve a satisfactory solution for the client.
 

With regard to legal matters with an international dimension, we can refer to our excellent contacts and relationships with worldwide co-operations (see International Co-operations). As a result, we are in a position to involve outstanding legal colleagues or project-supporting employees from other specialist areas in our support if required and also conduct cross-border legal disputes.

For those insurance customers who also sell legal protection products, Tramposch & Partner offers support for legal protection customers. This includes the enforcement of any claims made by legal protection customers as well as the defence against unjustified claims.
 

Especially for non-Austrian legal protection clients, we offer the service that in the case of a procedural or out-of-court assessment by an expert, where it is necessary for the legal protection client to travel to Austria, we take over the accompaniment and support in its entirety.
 

We arrange the appointments with the experts, organise accommodation where necessary and conduct the preparatory meetings.
 

It goes without saying that all cost-incurring measures are agreed with the legal expenses insurer.

Tramposch & Partner handles all types of subrogation in Austria for insurance clients.
 

On the one hand, these are recourse claims from foreign insurers where the party liable to recourse is either domiciled in Austria or where the place where the damage occurred gives rise to the corresponding jurisdiction.
 

We also enforce recourse claims for insurers in Austria, also within the framework of our automated debt collection, which we can carry out cost-effectively due to the high degree of automation.

Tramposch & Partner offers comprehensive legal advice in all aspects of compensation and warranty law. We have decades of experience in the enforcement and defence of claims for damages and warranty claims - both in and out of court. Our expertise extends to claims for damages resulting from contracts, accidents of all kinds, in particular traffic accidents, skiing, sports and leisure accidents, as well as the area of product liability.
 

We inform and support our clients in the assertion of claims for damages and warranty claims, both for material and immaterial damage:

• Compensation for pain and suffering (physical & emotional)
• Grief and shock damage
• Claims for domestic help
• Loss of earnings (loss of pension and retirement benefits)
• Reimbursement of costs
• Medical expenses
• Permanent and long-term consequences,
• maintenance
• Renovation and remodelling costs in the event of disability
• property damage
• etc.

It should be noted that claims for damages become time-barred within three years of knowledge of the damage and the damaging party!

Whether skiing, sports or leisure accidents - Tramposch & Partner is a competent and reliable partner with many years of experience.
 

Accidents are not uncommon, especially in leisure time. Our law firm takes over - both out of court and in court - the enforcement or defence of claims for damages, such as

Compensation for pain and suffering
Compensation for the prevention of better progress
Loss of earnings
Compensation for household help and care costs
Compensation for increased needs (medical treatment costs, remodelling costs)
Material damage (damaged equipment, frustrated hotel stay, etc.)

In addition, if the other party is injured in a leisure accident, criminal proceedings for negligent bodily injury may be brought.
 

We assist our clients in such criminal proceedings and often succeed in having the proceedings discontinued before the actual main hearing.
 

An accident during leisure time is annoying enough. The legal consequences can be confidently entrusted to our law firm. Our employees are sports enthusiasts themselves and can therefore achieve optimum results not only due to their legal expertise, but also due to their own experience.

For decades Tramposch & Partners have processed lawsuits arising from road accidents. Hereby, on the one hand, we represent the liability insurer to ward off claims. On the other hand we assert claims, received through legal costs insurances, and protect the interests of the insuree.

Given our years of experience in this area, we also offer to review expert opinions in the context of road traffic accidents.

The supervision of payment obligations or of the aggrieved party, in the context of a road accident, is carried out so comprehensively and thoroughly that each individual loss position is consultatory debated with the injured party in depth. This consulting experience often leads to the injured party realizing what types of claims it actually is entitled to. This applies mainly to non-Austrian clients.

Tramposch & Partner also specialises in representing insurers in disputes with other insurers. In this context, the firm specialises in representing insurers in disputes between insurers and reinsurers as well as in recourse disputes between insurers.
 

In the context of legal expenses insurance law, the law firm also advises its clients on the scope of cover provided by the respective legal expenses insurer.

Administrative law, which governs, in particular, the relationship between the state and its citizens, constitutes an important part of public law. Administrative law is very broad and there are a number of areas and tasks assigned to it.

Tramposch & Partners provide consultation on all matters of administrative law and ensures competent representation in proceedings before the Austrian administrative authorities, administrative courts, the Constitutional and Higher Administrative Court and the European Court of Justice and the European Court of Human Rights.

The Austrian administrative penalty proceedings are characterized by numerous particularities, which are dedicated to the enforcement of imposed fines. Here the Austrian administrative penalty proceedings do not solely focus on the culpability of a vehicle driver, but also on the culpability of the vehicle owner or the transport company.

Recently, the Austrian administrative penalty proceedings have been overlaid by European legal standards. This often leads to an abundance of standards which are very hard to comprehend.

Our lawyers assist with expertise and experience in the following areas:

• Administrative Penalty Law
• Driver’s License Revocation
• Road Police and Motor Vehicle Law
• Speeding
• Alcohol Offenses
• Disregard for the Highway Code
• Transgressions Regarding the Federal Toll Act
• Federal Emission Control Act
• Cargo Transportation Law
• Driving Times and Rest Periods
• Building and Land Transfer Law
• Trade and Operating System Law
• Spatial Planning Law
• Environmental Law
• Constitutional and Administrative Law
• European Law
• Association and Assembly Law
• Event Law
• Social Security Law