Usancen Blog
End of official secrecy has been drafted
Public LawAfter a long period of announcements, a draft of the Federal Chancellery (Bundeskanzleramt) for a new Freedom of Information Act (Informationsfreiheitsgesetz, IFG) is now available. The act aims to replace the constitutionally enshrined official secr...
OGH: inadmissible passing on of costs in GTCs
The Austrian Supreme Court (Oberster Gerichtshof, OGH) had to examine a contract clause used by a retailer in the field of radio, hi-fi, TV and photo articles as well as hearing aids. The clause was intended to entail that the consumer bears the expe...
Action of a former employee against manager is a labor law case
Labour LawThe Higher Regional Court (Oberlandesgericht, OLG) of Vienna had to assess whether the lawsuit of a former employee against the managing director due to his statements damaging to her reputation belonged before the Labor and Social Court (Arbeits- un...
EU approves state aid to support package travel organizers
The European Commission has approved a €300 million scheme for package travel organizers and intermediaries of linked travel arrangements Austria has registered a €300 million state guarantee scheme for approval by the Commission. This support measur...
OGH annuls several GTC clauses of an online broker
The Austrian Supreme Court (Oberster Gerichtshof, OGH) has annulled numerous clauses of the General Terms and Conditions (GTC) of a Dutch online broker in an action brought by the Association for Consumer Information (Verein für Konsumenteninformatio...
OGH: Excessive price is not a defect subject to reporting (Sec. 377 UGB)
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) recently ruled that in cases of reduction by more than half, there is no obligation to give notice of defects within the meaning of sections 377, 378 of the Austrian Commercial Code (Unternehmens...
ECJ: 100% of voting rights suffice for liability for antitrust fines
The European Court of Justice (ECJ) has made clear that a parent company's liability for infringements of competition law by its subsidiary does not require that the parent company holds 100% of the shares in the subsidiary. Rather, it is sufficient ...
Draft for the Home Office Act 2021
Civil Law Labour LawFrom 15.2.2021-19.2.2021, the planned Home Office Act (Homeoffice-Gesetz) was open for consultation. Objectives in the area of tax law: Creation of the possibility of non-taxable benefits by the employer for expenses in the area of home office: As pa...
Data Protection Authority on disclosure of trade union data
In the course of an appeal, the Austrian Data Protection Authority had to deal with the right to confidentiality under Section 1 of the Data Protection Act (Datenschutzgesetz, DSG). In the present proceedings, the plaintiff was an employee of the def...
D: draft on new regulation of the professional law of lawyers
A government draft submitted by the German Federal Minister of Justice and Consumer Protection provides for a comprehensive new regulation of the professional law governing professional practice companies for lawyers and tax advisors. The aim of the ...
OGH: Warning sign does not remedy failure to maintain road
The mere posting of a general warning that winter maintenance will not be carried out cannot, as a rule, exclude the liability of the person responsible for the maintenance of the path. In the present case, the defendant, who runs a municipal cemeter...
EU recognizes CCPs authorized by the SEC
Banking LawAccording to Regulation (VO) 648/2012, clearing houses acting as central counterparties (CCPs) whose regulatory standards are equivalent to EU standards may provide clearing services to clearing members or trading venues established in the Union. In ...
BFG on hidden profit distribution
Tax LawIn legal dispute 1, according to the prosecuting authority, a "loan was granted at the expense of the corporation without any customary content (no contract formulated in detail in writing, no agreement on interest, no collateral, handover in a car p...
Reluctant easing of COVID-19 restrictions in Austria
Public LawAfter several weeks of "hard lockdown", the federal government has announced initial opening steps. As of 8 February 2021, the previously all-day curfew restrictions are to be limited to the period between 8 pm and 6 am. In addition, retailers, servi...
BCBS on haircuts for securities financing transactions
Banking LawThe Basel Committee on Banking Supervision develops and maintains standards for the supervisory regulation of banks. The standards are implemented nationally by the members of the Committee. The Basel Committee is currently seeking clarification of f...
ECJ: The right to remain silent does not justify dilatory tactics
European LawIn a reference for a preliminary ruling, the European Court of Justice (ECJ) ruled that a refusal to appear at a hearing, for example, cannot be justified by the right to remain silent. The Italian Corporate and Stock Exchange Commission fined one pe...
OGH on Sec. 10 (3) (3) Trademark Protection Act
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that the exemption provision of Sec. 10(3)(3) Trade Mark Protection Act 1970 (Markenschutzgesetz 1970, MSchG 1970) need not necessarily be limited to the practical only means of provid...
OGH on the liability of a dual function holder within a group
Corporate LawIf the obligatory approval of the supervisory board is not obtained when a letter of comfort is issued by the executive board of the subsidiary, the managing director is then directly liable to the parent company if he also serves on the executive bo...
ECJ: Public authorities may refuse cash payment
European LawThe European Court of Justice (ECJ) has ruled that the public administration can refuse cash as a payment option for reasons of public interest. In the case at hand, two German citizens were obliged to pay the broadcasting fee. They offered the Hessi...
German federal government proposes "Legal Tech Act"
Public LawThe government draft for an "act to promote consumer-friendly offers in the legal services market" of the German Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz, BMJV) provides for relaxatio...
LG Linz: Misleading advertising for protective masks
Protective mask manufacturers may not advertise that masks with integrated silver provide effective protection against bacteria, viruses and germs and can therefore protect against infection with COVID-19. On the homepage of the defendant protective ...
OGH refers 1st COVID-19-JuBG to ECJ
The Austrian Supreme Court (Oberster Gerichtshof, OGH) referred the question to the European Court of Justice (ECJ) for a preliminary ruling whether the interruption of all procedural time limits pursuant to Sec. 1 (1) of the 1st COVID-19 Accompanyin...
OGH on consumer jurisdiction for the purchase of investment products with Bitcoins
When purchasing investment products that are advertised and distributed in Germany and whose purchase is only possible by means of Bitcoins, the consumer can only be sued in the country of residence. The defendant, resident in Germany, intended to pu...
OGH on the presentation of standard information and the choice of representative example in consumer credit advertising (Sec. 5 (1) VKrG)
The Supreme Court (OGH) had to decide on a request for an injunction by the Association for Consumer Information (Verein für Konsumenteninformation, VKI) against a bank due to the manner of advertising for consumer loans. In the present case, the def...
Brexit: Commission publication highlights benefits of EU membership over UK Trade and Cooperation Agreement
Public LawShortly before Christmas, the EU and the United Kingdom (as an exiting EU member state) agreed on a trade and cooperation agreement. This was intended to cushion the most severe consequences for the period after the post-Brexit transition period with...
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