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Posts tagged #protective purpose

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ECJ Strengthens Airline Rights

European Law 

In preliminary ruling proceedings, the European Court of Justice provided an interpretative response to the inquiry submitted by the Supreme Court. The issue under consideration was whether EU air traffic control regulations are designed solely to pr...

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OGH on Official and State Liability for Illegal Online Gambling

Civil Law 

An unlawful and culpable act of an official body in the execution of the law, which obliges the legal entity to pay compensation pursuant to Section 1 of the Official Liability Act (Amtshaftungsgesetz, hereinafter AHG), can also be an omission if the...

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OGH on the Protective Purpose of ‘No-Overtaking’

Civil Law 

In order for there to be contributory negligence as a result of a breach of a protective rule, the breach of the rule must have the purpose of preventing a harmful event. It is therefore necessary that contributory negligence was involved. The plaint...

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