Posts tagged #Österreich

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COVID-19: Amendement to the Regulation establishing special provisions in criminal matters to prevent the spread of COVID-19

Regulation of the Federal Minister of Justice amending special provisions in criminal matters. § 9 of the Federal Law on Accompanying Measures for COVID-19 in the Judiciary (Das Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz , 1.C...

8th COVID-19 Act: Courts gradually resume operations

Civil Law 

As there has been a backlog in civil proceedings due to the corona measures, the 8th COVID-19 Act (8. COVID-19-Gesetz) is intended to gradually bring court operations back up to speed. In this context, the possibility was created to also conduct the ...

4th COVID-19 Act: Amendment of the COVID-19 Company Law Act

Corporate Law 

By the 4th COVID-19 Act, amendments to the COVID-19 Company Law Act (gesellschaftrechtliches COVID-19-Gesetz) were adopted, inter alia. The Federal Act on Special Measures in Company Law arising from COVID-19 (Bundesgesetz betreffend besonderer Maßna...

Draft Money Laundering Amendment 2020: Changes to the Criminal Code

Criminal Law 

A ministerial draft of the Federal Ministry of Justice (Bundesministerium für Justiz, BMJ) to amend the Austrian Criminal Code (Strafgesetzbuch, StGB) is intended to implement Directive (EU) 2018/1673 on the criminal law combating of money laundering...

Federal Act on the Expansion of Energy from Renewable Sources goes into review

Public Law 

On 16 September 2020, the Federal Act on the Expansion of Energy from Renewable Sources (Bundesgesetz über den Ausbau von Energie aus erneuerbaren Quellen, EAG) was sent for review. The new act regulates the conditions for and the promotion of the ge...

COVID-19: Relaxation measures are reduced - new restrictions in force

Since May 2020, numerous restrictions in the work place, everyday life and leisure time had been gradually eased under the COVID-19 relaxation regulation (COVID-19-Lockerungsverordnung). In view of the rising number of cases, the Minister of Health o...

OGH on public liability: No ordinary legal recourse against supporting GmbH in a university course of studies

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, OGH) had to judge whether a course of further education (Weiterbildungslehrgang) at a teacher training college (Pädagogische Hochschule, PH) is a fulfillment of sovereign duties and thus the ordinary ...

OGH on registered shareholders within the meaning of Sec. 5 EKEG

Corporate Law 

According to the Equity Replacement Act (Eigenkapitalersatzgesetz, EKEG), loans granted by a shareholder to a company in crisis are considered equity replacement. If such a loan is repaid before the company is restructured, the payments must be repai...

UPDATE: Austria ratifies Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) (entry into force 12 September 2020)

On September 12, 2020 the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of November 15, 1965 entered into force. Austria had not yet acceded to the Convention, but that has now been made up fo...

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