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OGH on the exclusion of liability in a mandate agreement of a private foundation subject to approval
Corporate LawWhen concluding a mandate agreement between a private foundation and a law firm to which one of the members of the foundation's board of directors belongs as a partner, no limitation of liability to gross negligence may be agreed. Pursuant to Sec. 17...
Ministerial draft for a Telecommunications Act 2020 to strengthen consumer rights
The Federal Ministry of Agriculture, Regions and Tourism (Bundesministerium für Landwirtschaft, Regionen und Tourismus, BMLRT) has submitted a draft Telecommunications Act 2020 (Telekommunikationsgesetz 2020, TKG 2020) for review. It serves to implem...
OGH on the admissibility of compensation clauses of a public company in the course of a reorganization
In the course of the conversion of a limited partnership (Kommanditgesellschaft, KG) into a public limited company (Aktiengesellschaft, AG), two partners left the KG. The Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled on the question of wha...
OGH on the entry in the commercial register of a resolution contestable due to defects in the convening of the meeting
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) had to clarify the question of whether a resolution that presents defects and is therefore contestable - not null and void - can be entered in the commercial register. At the general meeting of a...
OGH: No violation of Art 6 ECHR when video conferencing is ordered in arbitration proceedings
In the wake of the COVID-19 pandemic, video conferencing is a suitable means of maintaining business operations. According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), if negotiations in arbitration proceedings are ordered in the form o...
OGH: Abstract entitlement to the compulsory portion under Sec. 782 f. ABGB is assessed according to the time of gift and death
For the first time, the Austrian Supreme Court (Oberster Gerichtshof, OGH) commented on the question of what point in time is relevant for the assessment of the abstract right to a compulsory portion under Sec. 782 f of the General Civil Code (Allgem...
Establishment and sale of a building lease - which types of income are relevant for the property owner?
On the basis of a building lease contract concluded between the plaintiff and his contractual partner, a limited building lease was granted against payment. As a result, the plaintiff calculated the real estate income tax (Immobilienertragsteuer, Imm...
VwGH: What travel time to and from work is reasonable for a full-time or part-time job?
The individual seeking revision, who had been receiving unemployment benefits or emergency unemployment assistance for a longer period of time, was assigned a job of 25 hours per week by the Labor Market Service (Arbeitsmarktservice, AMS). The daily ...
COVID-19: Amendement to the Regulation establishing special provisions in criminal matters to prevent the spread of COVID-19
Regulation of the Federal Minister of Justice amending special provisions in criminal matters. § 9 of the Federal Law on Accompanying Measures for COVID-19 in the Judiciary (Das Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz , 1.C...
8th COVID-19 Act: Courts gradually resume operations
Civil LawAs there has been a backlog in civil proceedings due to the corona measures, the 8th COVID-19 Act (8. COVID-19-Gesetz) is intended to gradually bring court operations back up to speed. In this context, the possibility was created to also conduct the ...
4th COVID-19 Act: Amendment of the COVID-19 Company Law Act
Corporate LawBy the 4th COVID-19 Act, amendments to the COVID-19 Company Law Act (gesellschaftrechtliches COVID-19-Gesetz) were adopted, inter alia. The Federal Act on Special Measures in Company Law arising from COVID-19 (Bundesgesetz betreffend besonderer Maßna...
4th COVID-19 Act: Accompanying measures in criminal procedural law
Criminal LawThe 4th COVID-19 Act (4.COVID-19-Gesetz) amended, inter alia, the Federal Act on accompanying measures for COVID-19 in the judiciary (Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz) and the Code of Criminal Procedure 1975 (Strafpr...
Federal Act on the Expansion of Energy from Renewable Sources goes into review
On 16 September 2020, the Federal Act on the Expansion of Energy from Renewable Sources (Bundesgesetz über den Ausbau von Energie aus erneuerbaren Quellen, EAG) was sent for review. The new act regulates the conditions for and the promotion of the ge...
Draft Money Laundering Amendment 2020: Changes to the Criminal Code
Criminal LawA ministerial draft of the Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) to amend the Austrian Criminal Code (Strafgesetzbuch, StGB) is intended to implement Directive (EU) 2018/1673 on the criminal law combating of money laundering...
Federal Act on the Expansion of Energy from Renewable Sources goes into review
Public LawOn 16 September 2020, the Federal Act on the Expansion of Energy from Renewable Sources (Bundesgesetz über den Ausbau von Energie aus erneuerbaren Quellen, EAG) was sent for review. The new act regulates the conditions for and the promotion of the ge...
COVID-19: Relaxation measures are reduced - new restrictions in force
Since May 2020, numerous restrictions in the work place, everyday life and leisure time had been gradually eased under the COVID-19 relaxation regulation (COVID-19-Lockerungsverordnung). In view of the rising number of cases, the Minister of Health o...
OGH on public liability: No ordinary legal recourse against supporting GmbH in a university course of studies
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) had to judge whether a course of further education (Weiterbildungslehrgang) at a teacher training college (Pädagogische Hochschule, PH) is a fulfillment of sovereign duties and thus the ordinary ...
ECJ: Internet tariffs with unlimited data consumption for certain apps violate net neutrality
European LawFor the first time, the European Court of Justice (ECJ) is addressing the question of whether Internet tariffs that do not include data consumption for certain applications in the tariff-agreed volume violate the open nature of the Internet (net neut...
OGH on registered shareholders within the meaning of Sec. 5 EKEG
Corporate LawAccording to the Equity Replacement Act (Eigenkapitalersatzgesetz, EKEG), loans granted by a shareholder to a company in crisis are considered equity replacement. If such a loan is repaid before the company is restructured, the payments must be repai...
UPDATE: Austria ratifies Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) (entry into force 12 September 2020)
On September 12, 2020 the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965 entered into force. Austria had not yet acceded to the Convention, but that has now been made up fo...
ECJ on cancelled flights: Airline is not liable for injuries of passengers staying in hotels provided free of charge
European LawThe ECJ dealt with the question of what kind of obligation an airline has when providing hotel accommodation to guests of cancelled flights. In the present case, the flight of a passenger with reduced mobility (plaintiff) of the airline NIKI was canc...
OGH on probate proceedings and the registration of claims in the inheritance by creditors
The provisions of Sec. 143 et seq. of the Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG) govern the probate proceedings. Followed by preliminary proceedings, a death certificate is issued. At this time the widower applied for the author...
Proposed Communication Platforms Act, Part 2: Up to EUR 10 million fine for violation of the obligation to remove illegal content
Public LawIn addition to the obligations to immediately remove illegal content etc., the draft of the Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) also provides for high penalties for violation of the regulations. Fines of up to EUR 1...
New COVID-19 Measures Act clarifies powers: Curfew regulations and entry bans possible
Administrative LawA revision of the COVID-19 Measures Act has made the powers to deal with the pandemic more concrete and detailed. Included in this revision is the authorization to impose curfews and far-reaching entry bans. In its new version, the COVID-19 Measures ...
OGH on the analogous applicability of § 1 (5) BWG and § 51 BörseG to contracts for differences concluded between companies in the area of concealed forward transactions
Banking LawThe defendant refused to disburse the profit from speculative commodity forwards, arguing that these were transactions for differences that had created a (non-enforceable) “natural obligation” under Austrian law. The plaintiff thereupon sought to app...
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