On 4 May 2026, AUT MoJ updated on federal act to implement EU law.
- AUT MoJ updated on bill to amend Commercial Code, Stock Corporation Act, Takeover Act (ESAP Justice Act or ESAP-JuG), issued explanatory notes and comparison texts.
- Follows December 2023 EU CNCL ESAP Reg 2023/2859 and Dir 2023/2864.
Overview
- Draft ESAP-JuG, now under consultation, aims to implement EU legal requirements for establishing a ESAP in laws falling under jurisdiction of the AUT MoJ.
- ESAP will ensure certain documents are accessible throughout EU in data-extractable or even machine-readable format.
- Within AUT MoJ's remit, these include annual and consolidated financial statements, including management report, of companies required to report on sustainability; certain data from listed companies; certain documents required under Takeover Act.
- Legal basis to be created in Commercial Code (UGB) so around 200 companies obliged to report on sustainability can submit corporate reporting documents in format from Jan. 2028 onward, allow AUT MoJ, as central office, to forward these to the ESAP.
- Similarly, according to Stock Corporation Act (AktG), AUT MoJ shall act as central point of contact for documents to be submitted by listed companies (like remuneration policies or disclosure of transactions with related companies and persons).
- According to Takeover Act, the Takeover Commission shall in future act as a central point for transmitting information, such as the bidder's offer document, to the ESAP.
Effectiveness
- Consultation closes on 22 May 2026.
