Posts tagged #balancing of interests
All PostsUsed Car with Oil Leak – OGH Rejects Contract Rescission
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the question of whether a safety-relevant defect in a used car automatically entitles the buyer to rescind the contract. A defect that impairs the road...
Austrian OGH: Emergency Right-of-Way Granted for Construction
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a ruling authorising an emergency right of way to facilitate property development. The applicant is the owner of a property located in Vienna, which was previously utilised...
OGH: Physicians' Rating Portal is Permissible
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has declared the processing of personal data of physicians by a rating platform to be permissible. A Vienna ophthalmologist and the Vienna Medical Association sued a physicians' rating platform w...
OGH: Members of a cooperative have right of inspection under the GDPR
Civil LawArticle 6 of the General Data Protection Regulation (GDPR) regulates the facts that justify the processing of data, whereby several standards of permission exist side by side. All facts are equivalent and consent does not necessarily have to be fulfi...
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