dr. michael nocker
 
 
 
 
OCCUPATIONAL CAREER
since May 2010 Lecturer at the University of Applied Sciences (Wr. Neustadt) for Agency & Distribution Law
   
since March 2007 Arbitrator with the (Permanent) Arbitral Centre of the Austrian Federal Economic Chamber for Agency and Distribution Law. (www.wkw.at/schiedsgericht/Liste.htm)
   
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)
   
since 2003 also Lecturer at the Carinthian University of Applied Sciences for Labour- and Employment Law, Company Law, Economic Law
   
until 6/2003 also Associate Professor at the University Department for Labour, Employment and Social Insurance Law, University of Vienna
   
10/2002-03/2007 Gassauer-Fleissner Attorneys-at-law, Vienna, founding-partner Labour and Employment Law, Commercial Law, Agency Law, Real Estate Law, Commercial Litigation, Arbitration
   
2/2001-9/2002 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)
   
1996-1997 gcs global communications and services GmbH
   
1995-1996 District Court and State Court (Employment Tribunal) Salzburg
   
   
EDUCATION
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)
   
MISCELLEANEOUS 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 registered with the (Permanent) Arbitral Center of of the Austrian Federal Economic Chamber for Agency and Distribution Law

Arbitrator in ICC Arbitration proceedings
   
PUBLICATIONS Books
  Nocker, (Austrian) Commercial Agents‘ Act 1993 [Kommentar zum Handelsvertretergesetz (HVertrG 1993)] – (Springer Wien New York 2009, S 951)
   
  Nocker, The Contractual Car-dealer’s compensation (pursuant to section 24 (Austrian) Commercial Agents‘ Act) (Manz) ecolex spezial 2003
   
  Nocker, The compensation pursuant to section 24 (Austrian) Commercial Agents‘ Act of the Commercial Agent, the Distributor and the Franchisee (Manz 2001)
   
  Nocker, (Commercial) Agent Agreement (Manz 2000)
   
  Publications in law-journals
  Nocker, Agency Law in Austria, IHR 2007/2.
   
  Nocker, Direct Application of the (Austrian) Commercial Agents* Act to Insurance Agents, ecolex 2006, 575.
   
  Nocker, Check-list: Agency Agreement, ecolex 2006, 525.
   
  Nocker, The Insurance Agent’s Compensation 'analogously' to Section 24 (Austrian) Commercial Agents’ Act, wbl 2004, 53.
   
  Nocker, Why nevertheless Spare-parts have to be considered when calculating the Contractual Car-dealer’s Compensation pursuant to Section § 24 (Austrian) Commercial Agents’ Act, ÖJZ 2003/23.
  Nocker, Nocker, Agency Agreement, ZAS 2003/2 and ZAS 2003/3.
  Nocker, The Distributor’s „Loss of Commissions“ when calculating the Compensation pursuant to Section 24 (Austrian) Commercial Agents’ Act, ecolex 2003/10.
   
  Nocker, The Maximum limiting the Compensation pursuant to Section 24 (Austrian) Commercial Agents‘ Act,  ecolex 2002, 956.
   
  Nocker,The Commercial Agent’s compensation when substantially enhancing an already existing business relationship', ecolex 3/1998.