mag_dr_michael_nocker_llm, attorney-at-law
kohlmarkt_ 4/28
1010_vienna
austria
t +43_1_5850067
f +43_810_9554_238620
m +43_676_7703347
t +43_1_5850067
f +43_810_9554_238620
m +43_676_7703347
t +43_1_5850067
f +43_810_9554_238620
m +43_676_7703347
- Author of the standard commentary of the Austrian Commercial Agents Act 1993 and other textbooks and publication in law journals
- Generally sworn-in and certified court expert for the calculation of the good will indemnity (commercial agent, authorized distributor, franchisee) pursuant to sections 24, 26d Austrian Commercial Agents Act 1993 (Art 17 Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents)
- Arbitrator in numerous arbitral proceedings concerning disputes arsing out of distribution agreements
- Former Lecturer for Distribution Law at the University of Applied Sciences Wr. Neustadt
- Expert opinions (for example, in arbitration proceedings)
- Seminars
- law of the commercial agents
- law of the authorized distributors
- franchise law
- law of commercial brokers
- direct distribution
- Former Lecturer for Labour Law & Industrial Relations for many years at several Universities of Applied Sciences in Carinthia and Styria
- Former Lecturer for Labour Law & Industrial Relations at University Vienna Faculty of Law
- Publications in Law Journals
- Seminars
- Employment Law
- Industrial Relations (works agreements, termination/dismissals, etc)
- restructuring of business, transfer of business, labour costs reduction, etc
- Seminars
- Arbitrator (sole arbitrator, chair) in arbitral proceedings pursuant VIAC, DIS, ICC, UNCITRAL, etc
- Legal counsel in arbitration proceedings
- Expert opinions in arbitration proceedings
____
since March 2007
Generally sworn and certified court expert for the calculation of the compensation pursuant to section 24 and section 26d respectively of the Commercial Agents’ Act 1993 / Article 17 Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (registered with the Commercial Court Vienna)
2003 - 2012
Lecturer for Employment Law & Industrial Relations, Distribution Law, Company/Commercial Law at the Carinthian University of Applied Sciences, Styrian University of Applied Sciences and the University of Applied Sciences in Wr. Neustadt
2003 also
Lecturer at the University Department for Labour, Employment and Social Insurance Law, University of Vienna
10/2002 - 3/2007
Gassauer-Fleissner Attorneys-at-law, Vienna, founding-partner Labour and Employment Law, Commercial Law, Agency Law, Real Estate Law, Commercial Litigation, Arbitration
1/2001 - 9/2002
Weiss-Tessbach Attorneys-at-law GmbH, Vienna, partner Head of the department Labour and Employment Law and Commercial Litigation
2/1997 - 12/2000
Weiss-Tessbach Attorneys-at-law GmbH, Vienna, associate (Agency and Distribution Law, Commercial Litigation)
1995 - 1996
District Court and State Court (Employment Tribunal) Salzburg
1992 - 1994
Salpius & Schubeck attorneys-at-law (Salzburg)
____
9/1999-9/2000
University of London, London School of Economics and Political Science (LSE)
LL.M. Labour Law
(Dissertation: The Protection of Employees against Dismissal on the Grounds of a Transfer of an Undertaking, Business or Part thereof in Austria and the United Kingdom or Who (if any) got it right?))
7/1999
Bar exam (with the Court of Appeal, Vienna), with distinction
University of Salzburg, Department of Law Doctoral studies graduation Doctor iuris. 5/1999, with distinction
(Dissertation: Outsourcing and the transfer of an enterprise – Selected problems of Employment Law and Industrial Relation in the light of the European Court Decisions)
University of Salzburg, Department of Law, graduation Master of Law 5/1995
Master thesis: The Right to Vote of Managers and Temporarily Posted Employees in Elections of the Works Council)
____
Seminars
Regular seminars in the fields of Labour Law (Employment & Industrial Relations), Agency & Distribution Law
generally sworn and certified court expert
for the calculation of the compensation upon termination of an agency (distribution) agreement pursuant to section 24 and 26d respectively of the (Austrian) Commercial Agents’ Act 1993 / Article 17 Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents
Arbitration
regular Arbitrator and legal counsel in arbitration proceedings pursuant VIAC, DIS, ICC, UNCITRAL and ad-hoc arbitration
____
Nocker in Petsche/Lager (editors) Handbook Distribution Law – Agency Agreement 2016
p 504
Nocker in Petsche/Lager (editors) Nocker, (Austrian) Commercial Agents Act 1993, 2nd ed – (Springer Wien New York 2015)
p 1273
Nocker, The Contractual Car-dealer’s compensation (Manz) ecolex spezial 2003
p 265
Nocker, Agency Law in Austria, IHR 2007/2.
Nocker, Direct Application of the (Austrian) Commercial Agents* Act to Insurance Agents, ecolex 2006, 575.
>>> read paper
Nocker, Checklist: Agency Agreement, ecolex 2006, 525.
>>> read paper
Nocker, The Insurance Agent’s Compensation 'analogously' to Section 24 (Austrian) Commercial Agents’ Act, wbl 2004, 53.
>>> read paper
Information pursuant section 5 ECG (Act on E-Commerce)
____
Mag. Dr. Michael Nocker, LL.M., attorney-at-law
Kohlmarkt 4/28
1010 Vienna
Austria
t +43_1_5850067
f +43_810_9554_238620
m +43_676_7703347
UID ATU38827409
Dr. Michael Nocker is member of the Chamber of Attorneys, Vienna. Occupational practice is subject to the Lawyer’s Regulations (RAO) and the Canons of Professional Ethics (RA-BL) which are available under www.oerak.at
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mag_dr_michael_nocker_llm
attorney-at-law
1010_vienna
austria
