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Posts tagged #lack

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First OGH Merits Decision on Diesel Scandal

Civil Law 

In the proceedings at issue, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the claim of a car buyer against the car seller concerning the exhaust-emission control device installed in the diesel motor vehicle. The signifi...

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OGH: On the period of assumption within the meaning of Sec. 924 ABGB and the burden of proof in the case of defects that occur after handover

Civil Law 

In the course of a work contract the defendant was commissioned by the plaintiff to manufacture, deliver and install a surveillance system. The handover took place, but only a few days after this and repeatedly thereafter malfunctions occurred. After...

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