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CJEU on Victim Compensation
European LawVictims of violent crime must be adequately compensated under European Union law. The European Court of Justice has ruled that the automatic exclusion of family members of a murder victim is not compatible with this requirement. Other aspects in addi...
OGH on Official and State Liability for Illegal Online Gambling
Civil LawAn unlawful and culpable act of an official body in the execution of the law, which obliges the legal entity to pay compensation pursuant to Section 1 of the Official Liability Act (Amtshaftungsgesetz, hereinafter AHG), can also be an omission if the...
GER: Passenger Rights – Precautionary Cancellations Allowed
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) has ruled that airlines must be given some leeway in assessing what constitutes an appropriate measure in the event of extreme weather conditions. A causal link between an extraordinary cir...
UrhG: Political Party used a drawing of ‘The Robber Hotzenplotz’
Civil LawThe free use of a work presupposes that the work of another person is not taken over in an identical or modified form, not even as a model or working document, but only as a suggestion for one’s own work. The plaintiff publisher holds various rights ...
GER: Burden of Proof for Damage to Hired Cars
Civil LawWho bears the burden of proof that a hired car was in an undamaged condition before it was taken over by the hirer? This question has been considered by the Regional Court of Muenster, Germany. In the case at hand, a customer had hired a Sprinter van...
GDPR – Is it Allowed to Publish Workplace Email Addresses?
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether the publication of school teachers’ official email addresses on the school website is in breach of the General Data Protection Regulation (GDPR). The ap...
EU: Crédit Agricole and Credit Suisse Involved in Government Bond Cartel
European LawCrédit agricole and Credit Suisse have participated in an agreement to fix US dollar denominated sovereign and government bond prices. The fine imposed by the Commission in 2021 has now been confirmed by the European Court of Justice (CJEU). In 2018,...
OGH on Standard Terms in Rental Contracts
Civil LawIn a case brought by a consumer protection organisation, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has prohibited the use of 37 clauses that are unfavourable to consumers in pre-formulated rental contracts of a property manag...
GER: Federal Court on Copyrightability of Drone Footage
Civil LawIf aerial photographs of works protected by copyright are taken with the aid of drones, they do not fall within the scope of the freedom to take panoramic photographs. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) confirmed...
CJEU on Early Loan Repayment Fees
European LawThe European Court of Justice has recently ruled on a claim for the partial reimbursement of the commission paid in the event of the early repayment of a mortgage loan. In the case at hand, a consumer had taken out a mortgage for a period of 360 mont...
OGH on Photovoltaic Systems and Grid Access Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a grid access fee must be paid when a power generation system is connected to an existing grid already in use by the customer. In the case at hand...
May Official Submissions be Submitted by Email?
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on the question of whether submissions must be sent to the specific email address provided by an authority on their website. In May 2023, in the case at hand, the ...
CJEU: Ending FIFA Transfers Penalty Rule
European LawSome of FIFA’s rules on international transfers of professional footballers are in breach of EU law. This was recently decided by the European Court of Justice (CJEU), as the rules are an unnecessary restriction on the free movement of players and co...
OGH on Notarisation of Dowries
Civil LawIn 1998, a ‘bridal gift’ had been promised to the bride at a Muslim wedding. According to the old version of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) this gift is to be understood as a dowry and, according to th...
GER: Hospital Reform – What Will Change?
Civil LawAfter two long years of negotiations, the German Coalition Government is poised to implement its hospital reform, aiming to reduce the number of hospitals and improve to quality. This will reduce financial pressure on hospitals, allowing them to incr...
OGH on Notice Periods in Hospitality
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has decided whether employees invoking the statutory notice period must prove the ineffectiveness of the shorter collective agreement notice period, or whether employers invoking the ...
OGH Rules on Access to Deceased’s Guardianship Records
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the conditions under which access to a guardianship file and, in particular to the medical information of the records, must be granted. The applicant in the case at hand ...
AI Literacy as a Key Skill in the Legal Domain: A Necessity for the Future
European LawWith the increasing integration of artificial intelligence (AI) into the legal world and public administration, AI literacy is becoming an essential skill. AI literacy means not only mastering the use of tools, but also a sound understanding of algor...
CJEU Limits Use of Meta Data
European LawThe data minimisation principle requires personal data to be ‘adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed’, according to Article 5(1)(c) of the General Data Protection Regulation (GDPR)...
OGH on Establishing Easements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which an easement can be created in a property owned in common. In the case at hand, the plaintiff is the sole owner of property A, which she had ac...
OGH: Patients’ Rights to Free Medical Records
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled: Patients have a legal right to a free first copy of their entire medical records. The defendant regional organisation is the operator of a hospital where the plaintiff had ...
GER: New Mobility Data Act – Faster Travel Thanks to Better Data
Data Privacy LawThe German Mobility Data Act is designed to make it easier for people to plan their travel routes. Traffic data is a valuable source of information. It can be used to optimise timetables, calculate faster routes, or meet the demand for shared service...
CJEU on Police Access to Mobile Phone Data
European LawThe European Court of Justice has been asked to rule on the legality of police access to personal data stored on a mobile phone in the context of a criminal investigation. In the national case to be decided, the Austrian police had seized the mobile ...
OGH: Ruling Request on EU Succession Regulation
Civil LawThe legal dispute about a claim to a care legacy is now before the European Court of Justice (ECJ). In the case at hand, the plaintiff is the former partner of the testator, who died in 2021 and had her habitual residence Austria until she passed awa...
GER: BaFin Advises Checking Your Savings Plans
Civil LawThe Bundesanstalt für Finanzdienstleistungsaufsicht (German Federal Financial Supervisory Authority, hereinafter BaFIn) recommends that customers check their premium-linked savings agreements (‘Prämiensparvertrag’) for possible claims for back paymen...
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