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EU Parliament Approves Digital Services Act and Digital Market Act
Data Privacy LawOn 07 July 2022, the EU Parliament passed the Digital Services Act and the Digital Markets Act. The Digital Services Act provides for uniform horizontal rules on due diligence and liability exclusions for intermediary services. The Digital Markets Ac...
No Retroactive Legalisation of Secondary residences in Salzburg
Administrative LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has annulled the retroactive legalisation of secondary residences contained in the Salzburg Regional Planning Act 2009 (Sbg ROG 2009), as amended after the 2017 ROG amendment, as being ...
Germany: No Claim Extension in Appeals
Procedural Law ZivilrechtChanging the matter in litigation during appeal proceedings in order to increase the likelihood of success of the action is not permissible. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), such a change would affect the intere...
Germany: New Supply Chain Due Diligence Act (LkSG)
Corporate LawThe new German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz, LkSG) will come into force on 1 January 2023. This Act introduces new corporate due diligence requirements for corporate management as well as control duties for sup...
Germany’s DiRUG: More Efficient Data Transmission in the EEA
Corporate LawThe Act on the Implementation of the Digitalisation Directive (Gesetz zur Umsetzung der Digitalisierungsrichtlinie, DiRUG) is due to come into force in Germany on 1 Au-gust 2022. The DiRUG will implement Directive (EU) 2019/1151 with regard to the us...
Whistleblower Directive: Ready for Implementation in Austria
European LawThe Whistleblower Directive (2019/1937/EU) is being implemented in Austria. Currently, a draft bill, the Whistleblower Protection Act (HinweisgeberInnenschutzgesetz, HSchG) is available. The final decision is expected in autumn, the purpose of the Ac...
OGH: Nuncupation Not Necessary in the Case of a Notarial Will
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that when a testamentary disposition is drawn up before a notary, no personal nuncupation is required. The deceased and his wife concluded a 'contract of inheritance together with a will' i...
OGH: On the Inherent Unity of Testamentary Dispositions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that in the case of a testamentary disposition that was not handwritten, the mere continuing of text on another page is not sufficient to establish the internal unity of a document. In ...
OGH: Giphy Takeover by Facebook Permitted
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH), as the highest cartel court, has confirmed non-prohibition of the takeover of the GIF platform Giphy by Meta Inc (Facebook), but subject to certain requirements. Facebook parent Meta Inc bought ...
VfGH: Compulsory Vaccination Act Is Constitutional
Public LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has declared the COVID 19 Compulsory Vaccination Act to be in conformity with the Austrian Constitution. An appellant from Vienna argued in summary that the available vaccines were unsu...
New Vertical BER in Place
Corporate LawThe EU Commission's new Vertical Block Exemption Regulation (Vertical BER) has been in force since 1 June 2022. It replaces the previous regulation from 2010. The main changes are briefly outlined in the following: Two-way Distribution (Article 2(4))...
ECJ: Without a realistic terrorist threat, passenger data is taboo
European LawThe European Court of Justice (ECJ) has ruled: The permission to process and transfer so-called PNR data (Passenger Name Record) for flights crossing an external EU border is to be interpreted very narrowly. Without a current and real terrorist threa...
Germany: Will YouTube be held liable for its users in the future?
Civil LawThe German Federal Supreme Court (BGH) has recently had to decide, among other things, on the liability of the operators of YouTube, an internet platform, for copyright infringements committed by third parties using this service. In the future and un...
OGH on the Right to Choose between Obtaining a Remedy or a Refund
Civil LawThe Austrian Supreme Court (OGH) has more precisely explained when buyers are bound by their choice between obtaining either a remedy or a refund of the purchase price (Section 932 Austrian General Civil Code). The plaintiff bought a new car from the...
OGH Defines ‘Significant Remodelling Measures’
Civil LawWhen a consumer enters into contracts with different businesses for ‘significant remodelling measures’, each agreement is to be assessed separately. Individual contracts do not constitute a ‘substantial remodelling measure’ within the meaning of Sect...
OGH: Arbitrary Actions with Disputed Funds
Civil LawSums of money transferred to a person by erroneous means may, under certain circumstances, not fall under the case facts described in Section 1440 sentence 2 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). Together wit...
EU Changes Requirements for Sanctions Enforcement
Public LawIn connection with the Russia sanctions, the European Union has recently imposed stricter requirements on member states regarding the enforcement of sanctions and the punishment of sanctions violations. Art 8 (1) of Regulation 833/2014 as amended and...
BMJ: Corporate Digitization Act under Review
Corporate LawThe Austrian Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) has submitted the Company Law Digitization Act for review which is designed to implement European Company Law Digitization Directive 2019/1151. When establishing a GmbH (pri...
Germany: New SDG I for Effective Implementation of Sanctions
Civil LawThe new German Sanctions Implementation Package I (SDG I) was announced on May 28, 2022. It is intended to enable a more effective enforcement of EU sanctions imposed against Russia. The SDG I changes the existing Foreign Trade and Payments Act, the ...
BMK: Electricity price cost compensation under review
Public LawRecently, the federal government announced a comprehensive anti-inflation package. Part of this is to compensate for the increased electricity costs for particularly energy-intensive companies. The Ministry of Climate Protection (Klimaschutzministeri...
DE: Schufa - Data processing after termination of insolvency proceedings
Civil LawThe German Higher Regional Court (Oberlandesgericht, OLG) of Schleswig-Holstein ruled: Schufa is allowed to process the data of an insolvency debtor for a maximum of six months after the insolvency proceedings have been cancelled. In March 2020, the ...
OGH: Rent reduction to zero for "bakery-cafe" in lockdown
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that a "bakery-cafe" in an industrial zone did not have to offer a delivery or pick-up service during a lockdown, which meant that the property was completely unusable. The plaintiff is the...
OGH on the obligation to strew salt and clear a too-wide pavement
Civil LawA property owner is obliged to strew salt/gravel and clear a pavement over its entire width, provided that the pavement boundary facing away from the road is not more than 3 metres away from his property. This also applies to a pavement wider than 3 ...
OGH: On the duty of an endowment recipient to provide information
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), the right to information under Section 786 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) in the version of the Inheritance Law Amendment Act (Erbrechts-Ände...
BVwG: No penalty for ex-ÖVP government member
Criminal LawIn the case at hand, the Austrian Federal Administrative Court (Bundesverwaltungsgericht, BVwG) ruled that the right of the former government member to refuse to testify was admissible, as he was able to prove the risk of criminal prosecution. In the...
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