Dr. Ernst Brandl, LL.M. (Chicago) M.B.A (Harvard)
Ernst Brandl is a founding partner of BTP and specializes in capital markets, banking and securities law.
He represents banks, insurance companies and investment services enterprises in court proceedings and in relation to financial market supervision. He focuses on compliance, the prevention of money laundering and risk management and liability for alleged negligent advice. As the former head of the legal department of the Federal Securities Supervisory Authority (now the Financial Market Supervisory Authority), Ernst offers clients his professional expertise and insight into the workings of the relevant supervisory authority.
Ernst is a popular speaker and regularly displays his knowledge in lectures and trade publications.
Partner at Brandl & Talos (since 2000), university lecturer at the Department for corporate and business law at the University of Vienna (2007-2010), head of the legal department of the Federal Securities Supervisory Authority (1999-2000), lawyer and trainee lawyer in renowned international law firms (1995-1999), member of the Austrian Constitutional Court (1991-1993).
Degrees & Training
Universität Wien, Rechtswissenschaftliche Fakultät (Mag. Iur. 1990, Dr. iur. 1993), The University of Chicago, The Law School (LL.M. 1991), Harvard University Graduate School of Business Administration (M.B.A. 1995).
Member of the Austrian Banking Society
Languages: German, English
- Advised Erste Bank Group on the emission of a „green“ bond investing in the field of renewable, environmental, climate or resource efficient energy production.
- Advised WEB Windenergie AG on a capital increase and the emission of a corporate bond, both by way of public offer with a capital markets prospectus requirement.
- Advised Spar Österreichische Warenhandels-AG on the emission of a corporate bond (EUR 150m).
- Development of participation certificate models for SME finance companies.
- Advice on the development and distribution of trust and loss sharing models.
- Development of templates for issuer compliance codes for companies listed on the Vienna Stock Exchange.
- Development of model participation certificates for small and medium-size business in the finance sector.
- Representation of the leading Austrian banks before court regarding alleged incorrect advice on financial products.
- Advising banks, insurance companies and financial service providers in numerous matters before the Financial Market Authority (e.g. fit & proper test, administrative criminal procedures).
- Assisting numerous financial service providers in licensing procedures and ongoing supervisory issues.
- Representation of a large number of financial service providers in proceedings against the Financial Market Authority regarding cost estimates issued by the Financial Market Authority.
- Advice to several banks, investment firms, financial services providers and insurance companies on meeting supervisory requirements, such as compliance, internal audit, and combating money laundering and terrorist financing
- Advice to Austrian and international financial service providers and investment funds on their expansion to the CEE region respectively entering the Austrian market.
- Representation of banks and financial service providers before the Austrian Supreme Administrative Court and Constitutional Court in the context of regulatory proceedings and administrative criminal proceedings.
- Advice to international financial service providers on the structuring and placement of complex financial products on the Austrian market and stock exchange listing of securities.
- Representation of banks and financial service providers in proceedings initiated by large numbers of investors (inter alia, coordination of more than 100 civil cases with more than 1,700 plaintiffs and a total matter value exceeding EUR 50m as well as representation of an issuer in more than 50 pending civil procedures).
- Advised an Austrian private bank in connection with a proceeding before the regulatory authority for alleged infringement of Regulation (EU) 267/2012 (“Iran sanctions”).
- Advice to insurance companies in relation to the legal framework of distribution activities.
- Legal opinions for the insurance broker division of the Austrian Chamber of Commerce on insurance law and data privacy issues.
- Successful representation of an Austrian bank before the Austrian Supreme Court in a proceedings regarding an investor claim. In its judgment the Supreme Court confirmed our opinion that by signing an agreement to order share purchases/sales via telephone without prior financial advice, a customer acknowledges that the bank only processes orders received by phone but does not provide any financial advice.
- Representation of an Austrian federal state before the Constitutional Court.
- Representation of an Austrian bank in several proceedings regarding investor claims of alleged breaches of the Austrian Supervision of Securities Law [Wertpapieraufsichtsgesetz] and incorrect advice as regards derivatives trading.
- Representation of members of Austrian banks’ management boards in a proceeding regarding alleged market manipulation before the Financial Market Authority.
- Representation of several Austrian banks in investor proceedings regarding trading of closed funds.
- Representation of an Austrian bank and coordination of more than 100 civil cases with more than 1,700 plaintiffs and a total matter value exceeding EUR 50m in proceedings regarding liability as a depositary bank.
- Representation of a former bank executive in a state liability claim against the Federal Government.
- Representation of banks and banking executives in the context of criminal proceedings regarding alleged market manipulation and breach of trust.
Practical commentary of the WA
Volume 1. Aufklärungspflichten – Organisatinspflichten – Prospekthaftung
Volume 2. Finanzierung über den Kapitalmarkt
Brandl/Kalss/ Lucius/ Saria
Volume 3. Informationsverhalten am Kapitalmarkt
Brandl/Kalss/ lucius/ Oppitz/ Saria
Zum Rücktrittsrecht nach §§5 und 6 KMG (DE) Journal Article
Der gewerbliche Eigenhandel und das Privatvermögen (DE) Journal Article