Posts tagged #delivery

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Austrian OGH: Receiving Dunning Notices After Address Change

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a formal dunning notice requiring receipt under Section 39 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG) is considered officia...

GER: Pharmacy Shop Opening Hours: Sunday Delivery Unlawful

Civil Law 

The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that it is unlawful for pharmacies to circumvent German shop opening laws by using a delivery service. In the case at hand, a pharmacist had closed his pharmacy to the...

Austrian VwGH on Updating eNotification Addresses

Administrative Law 

The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has dealt with the question of the legal consequences with regard to official notifications if an individual’s email addresses for electronic notifications are not updated i...

Austrian Supreme Court: No Loss on Delivery to Designated Recipients

Civil Law 

If a carrier delivers to a recipient named by the sender either as designated in the consignment note or designated by instruction, no loss during the shipping period can be claimed. It is irrelevant whether the recipient is a fraudster who has bough...

BFG examines alleged violation of procedural regulations

The basis for the violations of procedural regulations alleged by the plaintiff was formed by several decisions issued by the tax authority. The plaintiff alleged in these proceedings: The procedural reopening decisions were not substantiated or were...

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...

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