Usancen Blog
EU Commission Proposes New Product Liability Directive
European LawThe European Commission has presented its much anticipated proposal for a new product liability directive. It is intended to replace the old and outdated Product Liability Directive, the initial version of which dates back to 1985. Software is now a ...
GER: No Duty to Provide Info on Manufacturers’ Guarantees
Civil LawInternet merchants do not have to inform consumers in any greater detail about manufacturers' guarantees if such a guarantee is not a central feature of the product offered. This is what the German Federal Supreme Court (Bundesgerichtshof, hereinafte...
GER: Triage Regulation Set to Come
Public LawShould ICU beds once again become scarce, sometimes difficult decisions will have to be made as to which patients are entitled to survival-critical intensive care treatment and which are not. Until now, this decision has been made exclusively by doct...
OGH: ‘Apparently Official Communication’ No Abuse of Office
Criminal LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that sending an ‘apparently official communication’ does not constitute abuse of office (Section 302 of the Austrian Criminal Code, Strafgesetzbuch). The defendants were, among others, ...
OGH: Employment-like Status for Brokerage Agents
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has again reiterated case law on the employee-like nature of self-employed agents. The defendant had concluded a business partner agreement with the original plaintiff, who sells insurance and fi...
ECJ Advocate General: No Compensation in Data Scandal
Data Privacy LawThe Advocate General stated concerning an Opinion issued by the European Court of Justice (ECJ) that, for the recognition of a claim for compensation for damage suffered by an individual as a result of a breach of the General Data Protection Regulati...
Legal Comparison AT/GER: Receipt of E-Mails in Business Transactions
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) has now settled the question of when a B2B email is actually deemed to have been received. If an email is made available for retrieval on the recipient's mail server during normal business hou...
GER: Illegal gambling: No Claim against Bank
Civil LawAnyone who authorises credit card payments to foreign providers when gambling illegally does not have a claim for reimbursement against their bank. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), the legal question...
GER: Is Electronic Time Recording on the Way?
Labour LawThe German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) has made it clear that working hours must be documented. This will spell upheaval for many companies in Germany. In the case at hand, the petitioning works council and the employ...
OGH: Tenancy Agreement Termination for Disruptive Behaviour
Civil LawIn a special case constellation, the Austrian Supreme Court (Oberster Gerichtshof, OGH) rejected the termination of a tenancy agreement due to disruptive behaviour under Section 30 para 2 no 3 case 2 of the Austrian Tenancy Act (Mietrechtsgesetz, MRG...
OGH: Depreciation of Partitioned Co-Owned Real Property
ZivilrechtThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the depreciation in value in the course of the partition of real estate is to be assessed on the basis of the actual co-ownership structure. In the case at hand, the plaintiff...
OGH: Deposit Insurance and Privileged Deposits
Public LawThe Austrian Supreme Court (OGH) has taken a fundamental look at extended coverage under the Deposit Insurance Scheme (Section 12 of the Deposit Insurance and Investor Compensation Act, hereinafter ESAEG). In the original case, the plaintiff was hold...
GER: SDG II Introduces Cash Ban on Real Estate Purchases
Civil LawIn the not too distance future, a cash payment ban on real estate transactions will go into effect in Germany. Additionally, the German government is planning on creating a central office at the federal level for the enforcement of sanctions. For thi...
Irish Data Protection Imposes EUR 405m Fine on Instagram
Data Privacy LawIn a press release, the Irish Data Protection Commission DPC recently announced that social network Instagram will have to pay a fine of EUR 405 million for publishing personal data of minors in Ireland. The inquiry by the DPC involved the use of per...
OGH: ‘All-in’ Contracts and Part-Time Parental Leave
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified how to deal with ‘all-in’1 contracts during parental part-time work. In the original case, the plaintiff had been employed by the defendant as a ‘senior director’ according to the c...
OGH: Inheritance Law: When Does a Domestic Partnership Legally End?
Civil LawAny testamentary consideration of a partner is cancelled upon dissolution of a domestic partnership according to Section 725 (1) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Now, the Austrian Supreme Court (Oberster Gericht...
Austrian Supreme Court Once Again Rebuffs Commerzialbank Creditors
ZivilrechtOnce again, the Austrian Supreme Court (Oberster Gerichtshof, OGH) has found that claims for official liability by creditors of Commerzialbank Mattersburg are without merit. This round, the court primarily addressed the liability of the Austrian Audi...
ECJ: Psychological Injury also Compensable after Aviation Accident
European LawThe European Court of Justice (ECJ) has clarified that under Art 17(1) of the Montreal Convention (MC), psychological injuries can also give rise to compensation claims against airlines. The initial facts of the case were an incident involving a Laud...
ECJ - No Diminished Involvement after Conversion into SE
European LawIf a company under national law is converted into a European Company (societas Europaea; abbr. SE), the representation of trade unions in the composition of the supervisory board may not be decreased. If national law (in this case, German law) requir...
Austrian Supreme Court: No Loss on Delivery to Designated Recipients
Civil LawIf a carrier delivers to a recipient named by the sender either as designated in the consignment note or designated by instruction, no loss during the shipping period can be claimed. It is irrelevant whether the recipient is a fraudster who has bough...
Austrian Supreme Court: Quarantine and Recorded-Delivery Mail
Procedural LawLegally mandated self-isolation (quarantine) by a mail recipient prevents the addressee from picking up recorded delivery mail held at the post office for the duration of self-isolation. Therefore, this prevents remedying of undeliverable documents d...
GE: BGH Prohibits Disconnection of E-Car Battery by Land-lords
Civil LawThe Civil Senate of the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), which is responsible for commercial tenancy law, was asked to rule on the admissibility of a general terms and conditions clause in a tenancy agreement that...
GE: Publicly Issued Expert Opinions May Be Quoted
Civil LawAnyone who publicly gives expert statements must accept being quoted in an advertisement, even by name. However, the quote must be correct and it must be made obvious that the average reader would not assume that the statement had been paid for, says...
ECJ Advocate General: No Gap-Closing under EUMR
Competition LawIn a recent Opinion, Advocate General Kokott takes the view that a merger of businesses can be reviewed under Article 102 of the Treaty on the Functioning of the European Union (TFEU) even if a merger does not meet the turnover thresholds for applica...
Artificial Intelligence Liability: Proposed EU Directive
European LawThe EU Commission has presented a draft directive to create harmonised civil liability rules on non-contractual liability for damages caused by an artificial intelligence (AI) system. Disclosure of evidence Anyone who asserts or wishes to assert a cl...
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