Posts tagged #limitation period
All PostsGerman BGH: Abstract Debt Acknowledgment after Lapsed Claim
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to determine whether enforcement may proceed on the basis of a standalone notarial acknowledgement of debt when the underlying claim has already become time barred. Abstract...
Austrian OGH: Claim Denied—Limitation Period Expired after Accident
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident. The claimant had sought compensation from the defendants arising from a road traffic accident in 2016. The...
Limitation Period for Rent Reclaims in Property Sales
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the applicable limitation period for claims seeking the return of rent collected subsequent to the contractually agreed handover date of a pro...
GER Premium Savings: Interest Rate Changes & Limitation Periods Clarified
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) addressed matters regarding premium savings agreements, including interest rate adjustments, the limitation period for additional payment claims, and termination rights. Savings...
EU: Interest Rate Derivatives Cartel – HSBC Fined
European LawEuro interest rate derivatives: The European General Court (GC) has confirmed the EU Commission’s revised decision against HSBC, imposing a fine of EUR 31.7 million for participating in a euro interest rate derivatives cartel. Interest rate derivativ...
OGH on Limitation Periods under Collective Agreements
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the limitation periods under collective agreements also apply to the statutory right to the transmission of work records under Section 26(8) of the Austrian Working...
OGH: Statute of Limitations for Capital Repayments
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the suspension of the statute of limitations pursuant to Section 1494 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) applies analogo...
OGH on Legal Capacity and Mental Illness
Civil LawA person has legal capacity if they can appreciate the scope of a particular transaction and the consequences of their actions, and act in accordance with that understanding. The plaintiff had taken out a life insurance policy with the defendant insu...
OGH: News on Holiday Leave Limitation
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that holiday leave cannot be time-barred if employers do not fulfil their duty to notify and urge employees to take their leave. The plaintiff had been employed by the d...
OGH: Claim for reimbursement of insurance benefits
The Supreme Court (Oberster Gerichtshof, OGH) deals with the question of the statute of limitations for a claim for reimbursement of erroneously paid compensation payments, as well as with the commencement of the limitation period for such a claim fo...
UPDATE: OGH on the problem of interest on remuneration after withdrawal from contract and cases of "substantial" reduction of the claim due to the three-year limitation period
In a number of proceedings, the courts have dealt with the withdrawal from insurance contracts due to failure to provide information about the right of withdrawal. In particular, the question of the interest on remuneration to which the policyholder ...
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