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Posts tagged #BWG

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VfGH: KIM-V Complies with Law

Banking Law 

The Austrian Constitutional Court (Verfasssungsgerichtshof, hereinafter VfGH) has dismissed a complaint against the Austrian Financial Market Authority's (FMA) Real Estate Financing Measures Ordinance (Kreditinstitute-Immobilienfinanzierungsmaßnahmen...

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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 Law 

The 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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