Winery insolvencies – legal and practical consequences under Austrian law

As a result, insolvency proceedings in this sector involve the interaction of insolvency law, agricultural land transfer regulations, company law, trademark law, and environmental requirements. 

Austrian insolvency law is governed by the Insolvency Code (Insolvenzordnung – IO), which distinguishes between: 

1. Reorganisation proceedings (with or without self-administration); and 
2. Bankruptcy proceedings. 

The primary objective is either the restructuring of a viable business or the best possible realisation of assets in the interest of creditors. While wineries are subject to the general insolvency framework, several sector-specific features require special attention. 

Vineyards and agricultural land are subject to provincial land transfer laws – in Austria, nine different laws! – which may restrict or condition their sale in insolvency proceedings. 

Commercial parts of the winery – such as cellars, bottling facilities, sales operations, or wine taverns – are treated as standard corporate assets under insolvency law. Leased land is also common in practice; the insolvency administrator may decide to continue or terminate lease agreements pursuant to § 21 IO. In addition, landlords may assert a statutory landlord’s lien (§ 1101 ABGB), which can significantly affect the realisation of inventory and equipment. 

Asset valuation is another key challenge. Vineyards are often encumbered with mortgages, and their realisation must comply with land transfer regulations. Wine stocks represent a core asset but are difficult to value due to differences in vintage, quality, and marketability. Trademarks, designations of origin, and reputational value play a crucial role. Improper continuation of operations or discounted liquidation can cause lasting damage to the brand. 

Practical issues are particularly acute due to the seasonal production cycle of wineries. If insolvency proceedings are opened during the harvest or fermentation period, the administrator must decide within days whether and how to continue operations. Business continuation under § 114 IO is often economically necessary to preserve value, but this requires sector-specific expertise and careful liquidity management. Additional issues include EU subsidies and investment grants which may trigger repayment obligations, as well as the preservation or transfer of operating licenses and intellectual property rights. 

Conclusion 

The insolvency of a winery is not a standard insolvency case. It requires a tailored approach, combining legal precision with a deep understanding of industry-specific dynamics. Successful proceedings depend on timely decisions, coordinated stakeholder involvement, and a balanced strategy between business continuation and asset realisation.

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Mario Kapp was the sole founder of the law firm in 2006. He is also the Managing Partner and specialises in bankruptcy law, corporate law, and business restructuring.

Raffaela Lödl-Klein is a partner of KAPP & PARTNER Rechtsanwälte GmbH, and specialises in real estate and corporate law. She joined the firm in 2013.