Usancen Blog
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...
VfGH: OPEC Headquarters Agreement in Part Unconstitutional
Constitutional LawFor the first time, the Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has found sections of an international treaty to be unconstitutional. Two provisions of the Agreement between the Republic of Austria and OPEC (Organisation of Petro...
GE: E-Signatures – “Attorney-at-Law” Is Not Sufficient
Civil LawThe requirement of a ‘simple signature’ means the simple rendering of a name at the end of a document. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this can be a name printed in typewritten form or a scanned signature at th...
ECJ: Compensation for Flight Delays
European LawThe European Court of Justice (ECJ) has ruled that national bodies responsible for enforcing Air Passenger Rights Regulation (EC) 261/2004 may be authorised by a Member State to require airlines to compensate passengers for delayed flights. However, ...
GE: Limitation Period in Tenancy Law Begins with Handover
Civil LawAny claims for damages on the part of a landlord become time-barred only when the rented property is returned. This is true even if more than 30 years have passed since an incident caused damage in the current tenancy. According to the German Federal...
OGH: Sharing Maintenance of a Serviceable Property
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the granter of a servitude must also compensate for expenditures on the servient estate if, prior to the creation of the servitude, there was a public-law obligation to, e.g. w...
OGH: Mayor’s Interview on Vacancy Tax Is a Personal Matter
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an interview by a mayor on the issue of vacancy taxes does not open the scope of application of the Amtshaftungsgesetz (Liability of Public Bodies Act, hereafter referred to as AHG...
ECJ Strengthens Right to Paid Annual Leave
Labour LawThe European Court of Justice (ECJ) is boosting the rights of employees with regard to the expiry of employee leave entitlement. If an annual leave entitlement is acquired during a year in which work is carried out before an employee’s continuous inc...
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