Posts tagged #association

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GER: Legal Costs Should Not Only Fall on the Losing Side

Civil Law 

A reform of the German Condominium Act will now cause that legal costs imposed on the losing condominium owners’ association in a declaratory action shall be considered to be administrative costs and are to be apportioned according to the general for...

OGH: General Meeting Is Not an Arbitration Board

Corporate Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified important questions concerning Austrian association law in matters of the competence of arbitration board and the general meeting of members when a member of the executi...

VwGH: ImmoESt on the sale of donated land

The Administrative Court (Verwaltungsgerichtshof, VwGH) examined the question of whether real estate income tax (Immobilienertragsteuer, ImmoESt) can be incurred on the sale of inherited or donated real estate by a non-profit legal entity. The partic...

OGH on the duty to cooperate in the constitution of the arbitral tribunal

The Supreme Court (OGH) has dealt with the scope of the obligation to cooperate in the constitution of an arbitral tribunal in an association. In the case at hand, the plaintiff wanted to be reimbursed by her association for training costs. In accord...

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