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ECJ: More Time for Pregnant Employees to Challenge Dismissal
European LawThe European Court of Justice (ECJ) has been asked to rule on the time frame pregnant women have to contest being dismissed, in order to comply with the EU Directive on pregnant workers (Directive 92/85/EEC). The plaintiff had been employed by the de...
OGH: Benefits Claim Takes Priority over Declaratory Relief
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) as clarified that a claim for declaratory relief regarding a different agreement in a unit-linked life insurance policy is not permissible if the repayment of premiums could already h...
OGH Rules on Photograph Copyrights
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on whether ‘simple’ photographs also benefit from copyright law. The plaintiff was the author of an article for a commemorative publication, in which he had include...
OGH: Ticket Agent Service Fee Is Legal
Civil LawIn the case at hand, the plaintiff, an organisation legally entitled to sue, challenged the following two clauses in the general terms and conditions of the defendant ticket agent. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ru...
ECJ: Damages for Suspected Data Misuse?
Data Privacy LawStrengthening the rights of consumers, the European Court of Justice (ECJ) has once again ruled on non-material damage under the General Data Protection Regulation (GDPR). The plaintiffs in the original case were clients of a tax advisory firm and ha...
OGH: Preliminary Ruling on Air Traffic Control Services
European LawThe European Court of Justice (ECJ) will soon hear a case between a plaintiff airline and the defendant Republic of Austria concerning claims for damages against the State. The plaintiff is an airline based at Vienna International Airport and uses th...
OGH on the Issuance of Arrears Certificates
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has emphasised that a court must examine whether a creditor has the right to issue certificates of arrears in respect of the claim which is the subject of the respective proceedings. ...
OGH on Insurance Interest: Watch What You Claim!
Civil LawSubsequent invalidity of contractual clauses is precluded by withdrawal from a contract. This was clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) in connection with a consumer’s late withdrawal from a life insurance po...
OGH on the Purpose of Data Protection Laws
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the protective purpose of the Data Protection Act does not extend to the right to claim damages from the responsible party for a justified refusal to pay an insuran...
OGH on Bus Drivers’ Night Pay
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that bus drivers have a right to a night work bonus even if their night work is less than one hour. The plaintiff was in employment with the defendant as a bus driver for 20...
Binding Force of Refugee Status: ECJ Ruling
European LawThe European Court of Justice (ECJ) has recently ruled: Refugee status as granted by another EU country cannot be ignored. However, according to the ECJ, a Member State is not obliged to automatically recognise a refugee status granted by another Mem...
OGH: Is an Inheritance of an Estate under Probate Valid?
Civil LawIn the case of succession in possession, the old and the new owner agree that the property of the acquirer will be transferred to another person, the successor in possession, when a condition is fulfilled, or that there is at least an obligation to t...
New Austrian Bill on Group Action Claims
Procedural LawThe Austrian Federal Ministry of Justice has presented the government bill draft for the implementation of the long overdue Group Actions Directive (Verbandsklage-Richtlinie). A new Qualified Entities Act (Qualifizierte-Einrichtungen-Gesetz, hereinaf...
OGH: Joint and Several Liability of Online Shitstorm Posters
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that those participating in an online shitstorm can expect to have to pay compensation for the whole of the damage caused. In the case at hand, the plaintiff is a po...
OGH: No Commission despite Successful Brokerage?
Civil LawIn order for a broker to be entitled to a commission, the transaction to be brokered must have come about as a result of the broker’s contractual activity, or at least a transaction of the same value as the one to be brokered under the contract must ...
ECJ: Order Buttons Must Indicate Payment Obligation
European LawOrder buttons must be absolutely clear in their function. According to the European Court of Justice (ECJ), this means that an order button must indicate that by clicking it, a payment obligation is being created. In the case at hand, a Berlin-based ...
GER: Insurance Law and Fit Lifestyle Rebates
Civil LawIf you have a healthy lifestyle and keep fit you'll be rewarded with lower premiums, a German insurance company promised potential policyholders. However, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled tha...
OGH: Cost-of-Living Allowance and Insolvency
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the tax-free cost-of-living allowance (‘Teuerungsprämie’, Austrian Inflation Relief Package, see Federal Law Gazette I 2022/93) constitutes remuneration and is prot...
OGH: Signature Required for Training Reimbursement Agreement
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly clarified that an agreement to reimburse training costs according to Section 2d of the Austrian Employment Contract Law Amendment Act (Arbeitsvertragsrechts-Anpassungsg...
OGH: Unworthiness to Inherit for Having Caused Mental Suffering
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has considered the question of disqualification from inheritance on the grounds of having inflicted the deceased severe mental suffering (Section 541(2) of the Austrian Civil Code, Allgemeines bü...
DE: ‘Inflation Bonus’ Is Garnishable
Civil LawThe inflation adjustment bonus (hereinafter referred to as inflation bonus) paid by employers is income from employment and as such is garnishable, according to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). In the present ...
OGH: When May a Termination Be Declared?
Labour LawThe condition of being unworthy of trust within the meaning of Section 27(1)(3) of the Austrian Employee Act (Angestelltengesetz, hereinafter AngG) is met if an employee’s behaviour has shaken the employer’s trust to such an extent that the employer ...
OGH on Warranty Exclusion in Used Car Sales
Civil LawSigns of wear and tear in accordance with the age and mileage of a vehicle must be expected by the buyer of a used car. Nevertheless, the vehicle should be in a condition which the market would normally expect. In 2021, the defendant offered his car ...
Austria: Now Higher Reimbursements in Criminal Cases
Criminal LawAfter years of urgent demands, the lump sums in the event of a not-guilty verdict have been significantly increased and, in some cases, can be exceeded. Compensation will also be introduced in the event of a case being dropped. The Austrian governmen...
OGH: Lawyers’ Liability for Corporate Administrative Fines
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has indicated that, in certain circumstances, a client may be entitled to seek reimbursement from their lawyer for a fine imposed on the client if they were given incorrect advice. In...
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