AUSTRIA Trends and Developments Contributed by: Bernd Rajal, Maximilian Klein and Moritz Üblagger, Schönherr Rechtsanwälte GmbH
prices exceeding market prices during periods of lower energy costs, which could lead to higher expenses. Energy-intensive companies stand to gain the most from PPAs, as these agreements provide long-term cost predictability and protection against unpredictable energy price fluctuations. By securing stable pricing, businesses can bet - ter plan their operations and reduce the financial risks associated with energy price volatility. Seizing Opportunities in Austria’s Defence Sector: Regulations and Market Potential On 4 March 2025, the EU Commission President presented the Readiness 2030 Plan, a strategy to strengthen Europe’s defence capabilities, mobilising almost EUR800 billion for defence spending. This presents a unique opportunity for companies to indirectly benefit from EU financial support to member states, as increased defence budgets drive demand for related industries and services. Austria is home to numerous arms manufac - turers who play a key role in strengthening the EU’s defence capabilities, but their operations are governed by strict legal regulations. These include the War Material Act, the Foreign Trade and Payments Act, and the requirements for obtaining business and plant licences. Compa - nies involved in producing, trading or broker - ing military goods must comply with national laws that ensure their activities do not threaten public security, and export controls are strictly enforced. The Austrian regulatory framework imposes comprehensive controls on the production and export of military items, requiring specific licenc - es for manufacturers, exporters and brokers. To obtain a licence, a legal entity must be based in
the EU, EEA or Switzerland, and its representa - tives must be nationals of these regions. Addi - tionally, the arms trade must not threaten public peace, order or security. Industrial production of military weapons and ammunition in Austria generally requires a plant licence due to potential environmental impacts. Businesses in the arms industry must adhere to both EU-wide regulations and national laws that regulate arms trade and dual-use goods, ensur - ing compliance with all licensing and authorisa - tion requirements. This landscape presents both challenges and opportunities for companies navigating the defence sector. Networks of Electricity Charging Stations (E-Mobility) There is an increasing interest of investors to implement an integrated network of electric - ity charging stations for e-vehicles (cars and trucks). In its work programme, Austria’s new federal government promises to create the framework conditions for the further develop - ment and implementation of electromobility. The prerequisite for this is the establishment of a nationwide network of charging stations. The operation of electric charging stations in Austria is a free trade and not a regulated trade. This means that no certificate of competence is required for the operation of such charging sta - tions, only registration with the competent trade authority together with the documents required under the Trade Regulation Act. The operator of the electricity charging station does not qualify as electricity supplier or electric - ity trader under electricity law. Therefore, energy regulations do not apply to electricity charging stations. This facilitates the implementation of e-charging stations in Austria.
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