Posts tagged #compensation of damages
All PostsAntitrust law: Advocate General in favor of "descending" liability for damages of the cartelists' subsidiaries
In a case before the European Court of Justice (ECJ), the theory of economic unity in antitrust law could take on a new dimension: While up to now parent companies have been punished for cartel violations committed by their subsidiaries ("ascending" ...
OGH: Non-professionals are obliged to refuse installation work
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that someone who takes on a job for which expertise is required without the appropriate expertise has acted culpably and in tort. In the present case, the defendant installed a new but unsu...
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...
OGH: Only variable personnel costs are “frustrated” costs and eligible for compensation
The Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question whether frustrated personnel costs are eligible for compensation in addition to loss of earnings. In the present case, an “architecture and engineering contract” exists be...
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