First decision relating to the Restructuring Act – Is it going to suffer the same fate as the Corporate Reorganization Act?

It has been more than two years since the introduction of the Restructuring Act (Restrukturierungsordnung), yet surprisingly little has been said or written about it. So far, there have been no restructuring proceedings that have been made public. In a recently published decision (6 R 200/22h), the Higher Regional Court of Vienna clarified a number of important points about the relationship between insolvency proceedings and proceedings under the Restructuring Act, as well as the court's duties when proceedings are initiated. The decision has at least injected some momentum into discussions about the legislation, which is still relatively new.