Posts tagged #injunction
All PostsAustrian OGH: No Statutory No-Smoking Periods
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently delivered a decision in a case brought by apartment owners seeking an injunction against their neighbour, the owner of a multi-unit residential property, to prevent the emiss...
Austrian OGH on Service Fee for Food Delivery Services
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a food delivery service can charge a service fee. The defendant operates a delivery platform, consisting of a mobile app and a website. Through this platform, co...
OGH: Is a One-star Rating Legally an Insult?
Civil LawOne-star ratings are purely subjective as well as unverifiable value judgements that can only be right or wrong based on the personal opinion of the person giving the rating and thus only reflect the obviously subjective view of that individual. In t...
OGH: All Flavour, No Fruit in Misleading Juice Ad
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that using flavouring in soft drinks is misleading if consumers would expect real fruit juice judging from the packaging. The defendants manufacture and market a sof...
OGH Rules on Photograph Copyrights
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on whether ‘simple’ photographs also benefit from copyright law. The plaintiff was the author of an article for a commemorative publication, in which he had include...
New Austrian Bill on Group Action Claims
Procedural LawThe Austrian Federal Ministry of Justice has presented the government bill draft for the implementation of the long overdue Group Actions Directive (Verbandsklage-Richtlinie). A new Qualified Entities Act (Qualifizierte-Einrichtungen-Gesetz, hereinaf...
Trespass: Demand Letters from Lawyers Only
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that businesses commercially assisting their clients in making out-of-court claims for trespassing constitutes an unjustified interference with lawyers’ right to represent c...
OGH: Risk Exclusion in Legal Expenses Insurance
Civil LawA clause in the general terms and conditions of a legal-expenses insurance policy has been declared invalid by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The Austrian Association for Consumer Information (Verein für Konsument...
OGH: No Liability for Repeated Reporting of Criminal Offenses
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof) dealt with a claim under Section 1330 (2) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB). The plaintiff is a self-employed PR consultant who was convicted ...
OGH: Materiality threshold in case of potential immaterial damages
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of when the materiality threshold for an interim injunction under Section 381 number 2 second case of the Enforcement Order (EO) is overcome in the ca...
Presentation of secretly recorded videos in guardianship proceedings
If an injunction is issued to stop the disclosure or dissemination of secretly recorded video material, this does not preclude the presentation of the recordings in court proceedings. In the case at hand, the defendant secretly recorded several video...
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