Posts tagged #ECHR
All PostsAustrian OGH: Pastoral Assistant Can be Fired after Reporting a Crime
Labour LawChurches and religious societies are also subject to the general laws of the state. However, the provisions of Part II of the Labour Constitution Act (ArbVG) do not apply to companies that serve the denominational purposes of a legally recognized chu...
Austrian OGH on Mandatory Translation Fees
Competition LawIn antitrust proceedings, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a request for a review of the law to the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH). The request seeks the repeal ...
VfGH: Counterstatements May Be Too Expensive
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has repealed Section 17 (5) of the Austrian Media Act (Mediengesetz, hereinafter MedienG) as unconstitutional, as the cost risk of wrongfully obtained counterstatements can ...
OGH: Politician ‘Collusion’ Ahead of Committee Interview
Civil LawIn democratic societies, one of the main functions of the press is to shed a critical light on political events. In so doing, the press must be given the opportunity to fulfil its vital role as a public watchdog. The plaintiff in the case at hand is ...
OGH on Publicising Land Register Data
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a professional interest by journalists can constitute a legal interest when obtaining sought-after information, thus justifying a journalist’s request for informati...
VfGH: OPEC Headquarters Agreement in Part Unconstitutional
Constitutional LawFor the first time, the Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has found sections of an international treaty to be unconstitutional. Two provisions of the Agreement between the Republic of Austria and OPEC (Organisation of Petro...
OGH: Right to a partial copy of the divorce settlement
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that an application for the issuance of a partial copy of a divorce settlement for submission to the land registry court is to be granted in accordance with Section 178 para 4 of the Non-Co...
ECJ: The right to remain silent does not justify dilatory tactics
European LawIn a reference for a preliminary ruling, the European Court of Justice (ECJ) ruled that a refusal to appear at a hearing, for example, cannot be justified by the right to remain silent. The Italian Corporate and Stock Exchange Commission fined one pe...
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