Posts tagged #limitation
All PostsOGH Rules on Forfeited Holiday Leave
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether the forfeiture of holiday leave due to incapacity for work due to illness is limited. In the case at hand, the plaintiff had been employed by the ...
OGH on the Recovery of Severance Pay
Civil LawIn the interest of legal certainty, Section 1486 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) reduces the general 30-year limitation period to three years for certain claims, in particular those arising from dail...
ECJ: Time Limits for Consumer Debt Repayment
European LawThe start of the limitation period for consumers’ claims for repayment of money owed to them under unfair contract terms has been ruled on by the European Court of Justice (ECJ). The case at hand arose out of a mortgage contract that the plaintiffs h...
GER: Choice of End Devices Cannot Be Limited
Civil LawPreventing internet access through certain mobile end devices such as LTE routers cannot legally be limited by clauses used in mobile phone contracts, as this would restrict the freedom of device choice, according to the German Federal Court of Justi...
OGH: Negative Easements Only Vacated as a Whole
Civil LawIn the absence of an agreement on any restrictions to the building ban, accepting a condition in breach of the building ban for more than three years will lead to loss of rights according to Section 1488 of the Austrian Civil Code (Allgemeines Bürger...
GE: Limitation Period in Tenancy Law Begins with Handover
Civil LawAny claims for damages on the part of a landlord become time-barred only when the rented property is returned. This is true even if more than 30 years have passed since an incident caused damage in the current tenancy. According to the German Federal...
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