Posts tagged #Public Law
All PostsGER: Binding Gift-Tax Valuation
Public LawIf the value of a property is determined separately, it is binding for all subsequent gift tax assessments. According to the Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH), if the donee considers the assessment to be too high, they must appe...
GER: No State Funding for Right-Wing Foundations under New Bill
Public LawAnti-constitutional foundations shall no longer be funded by the state according to the will of the German government coalition. A corresponding bill, the Foundation Financing Act (Stiftungsfinanzierungsgesetz, StiftFinG), is now to be discussed in t...
Austrian Government Bill: Freedom of Information Act
Public LawThe obligation to maintain official secrecy has been explicitly enshrined in the Austrian Federal Constitution. A new government bill now aims to abolish official secrecy and increase government transparency. To this end, the Austrian Federal Constit...
Global Framework: A World without Harm from Chemicals
Public LawThe Bonn Declaration on Sustainable Chemicals and Waste Management is sending a strong political signal. The international community has adopted a new global framework at the Fifth World Chemicals Conference, and high safety standards will now applie...
VwGH: No Success Bonus for Legal Aid Lawyers
Public LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has found the granting of a success bonus for legal aid lawyers to be incompatible with Section 16 (4) of the Austrian Bar Code (Rechtsanwaltsordnung, hereinafter RAO). In t...
VwGH: Re-granting Water-Use Rights in Line with EU
Public LawUnder Section21(3) of the 1959 Austrian Water Rights Act (Wasserrechtsgesetz, hereinafter WRG 1959) it is only possible to re-grant water-use rights to previous holders of this right. The Austrian Administrative Court (Verwaltungsgerichtshof, hereina...
Amendment to the Environmental Impact Assessment Act
Public LawThe long-awaited amendment to the Environmental Impact Assessment Act (UVP-G) was published in the Federal Law Gazette (Bundesgesetzblatt) on 22 March 2023. The aim of the amendment is to accelerate procedures, especially for energy transition projec...
HSchG: Austrian National Council Implements Whistleblower Directive
Public LawAs of last week (1 February 2023), the Austrian National Council (Österreichischer Nationalrat) has passed the Whistleblower Protection Act (HinweisgeberInnenschutzgesetz; hereinafter HSchG) and its associated amendments. This means that the long ove...
Austrian Registration Act: Amendments and Details
Public LawWith Government Bill 1252 of Supplements XXVII GP, the Austrian Registration Act (Meldegesetz, hereinafter MeldeG) hasundergone a fundamental change in substantive content. On the one hand, the right of intersexual persons to an adequate designation ...
GER: Triage Regulation Set to Come
Public LawShould ICU beds once again become scarce, sometimes difficult decisions will have to be made as to which patients are entitled to survival-critical intensive care treatment and which are not. Until now, this decision has been made exclusively by doct...
OGH: Deposit Insurance and Privileged Deposits
Public LawThe Austrian Supreme Court (OGH) has taken a fundamental look at extended coverage under the Deposit Insurance Scheme (Section 12 of the Deposit Insurance and Investor Compensation Act, hereinafter ESAEG). In the original case, the plaintiff was hold...
VfGH: Compulsory Vaccination Act Is Constitutional
Public LawThe Austrian Constitutional Court (Verfassungsgerichtshof, VfGH) has declared the COVID 19 Compulsory Vaccination Act to be in conformity with the Austrian Constitution. An appellant from Vienna argued in summary that the available vaccines were unsu...
EU Changes Requirements for Sanctions Enforcement
Public LawIn connection with the Russia sanctions, the European Union has recently imposed stricter requirements on member states regarding the enforcement of sanctions and the punishment of sanctions violations. Art 8 (1) of Regulation 833/2014 as amended and...
BMK: Electricity price cost compensation under review
Public LawRecently, the federal government announced a comprehensive anti-inflation package. Part of this is to compensate for the increased electricity costs for particularly energy-intensive companies. The Ministry of Climate Protection (Klimaschutzministeri...
The end for gas heating: Renewable Heat Act under review
Public LawThe Ministry of Climate Protection (Klimaschutzministerium, BMK) has submitted the draft of the Renewable Heat Act (Erneuerbare-Wärme-Gesetz, EWG) for review. It is intended to initiate the phase-out of fossil-fuel heating systems. In new buildings, ...
FMA: New lending standards for residential real estate loans
Public LawThe Financial Market Authority (Finanzmarktaufsicht, FMA) has submitted the Credit Institutions Real Estate Financing Measures Regulation (Kreditinstitute-Immobilienfinanzierungsmaßnahmen-Verordnung, KIM-V) for review. It changes the lending standard...
Instalment Payment and amended Gas Market Model Regulation
Public LawThis article provides a brief overview of two regulations issued by the E-Control Board in connection with the Austrian energy market. Instalment Payment Regulation (Ratenzahlungs-Verordnung): Section 82 para 2a of the Electricity Industry and Organi...
VwGH: Particularly dangerous conditions due to U-turns
Public LawIn the present case, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) addressed particularly dangerous conditions with regard to road traffic under the Driving Licence Act (Führerscheingesetz, FSG). Due to his manoeuvre, the co-involv...
An app is not a measuring instrument subject to calibration
Public LawNeither a smartphone app nor a smartphone with GPS function is a measuring instrument subject to calibration according to Section 8 para 1 no 1 of the Measurement and Calibration Act (Maß- und Eichgesetz, MEG). In the case at hand, a car rental compa...
DE: The ERP Economic Plan Act 2022
Public LawTo strengthen the German economy, the Bundestag has now passed the European Recovery Program (ERP) Economic Plan Act for the calendar year of 2022. Funding for small and medium-sized enterprises is to be significantly increased, thus facilitating opp...
Information on the EAG amendment 2022
Public LawAn amendment to the Renewable Energy Expansion Act (Erneuerbare-Ausbau-Gesetz, EAG) recently came into force. According to the committee report, the changes are mainly due to requirements resulting from the European Commission's notification procedur...
OGH: No expropriation in case of designation as flood hazard zone
Public LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), the mere designation of a property as a hazard zone for a 100-year flood and as a “red-yellow functional area” in the water law hazard zone plan does not constitute an encroachment ...
Sbg: Secondary residence and vacancy tax under review
Public LawThe provincial government of Salzburg has sent its draft of the so-called "Secondary Residence and Vacancy Tax Act" („Zweitwohnsitz- und Wohnungsleerstandsabgabengesetz“, ZWAG) for review. The ZWAG authorises the municipalities to levy a municipal ta...
DE: Legislator must regulate triage for people with disabilities
Public LawThe German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) sees an urgent need for action to protect persons with disabilities from disadvantages in a (pandemic-related) triage situation. It orders the legislature to take appropriate ...
UPDATE: Compulsory vaccination to enter into force on 5 February 2022
Public LawThe National Council (Nationalrat) has decided to make vaccination against COVID-19 compulsory. It is to come into force on February 5, 2022. A few changes have been made to the first draft. In principle, persons covered by the Act must have a valid ...
Data Protection Authority declares Google Analytics inadmissible
Public LawAs a consequence of the "Schrems II" ruling of the European Court of Justice (ECJ), the Data Protection Authority (DPA) has deemed the use of Google Analytics to be a violation of the General Data Protection Regulation (GDPR). Google Analytics is a p...
VwGH: When is a YouTube channel an audiovisual media service?
Public Law Administrative LawThe existence of a service within the meaning of Articles 56 and 57 of the Treaty on the Functioning of the European Union (TFEU) requires that the provider of the service to be assessed participates in economic life with the service. If a service is...
OLG Wien: Teacher evaluation app "Lernsieg" unlawful
Public Law Civil LawThe Vienna Higher Regional Court (Oberlandesgericht Wien, OLG) has declared the teacher evaluation app "Lernsieg" unlawful. Specifically, it objected to the fact that there are only inadequate measures to verify the authenticity of the raters. In the...
OGH: COVID-19: Voucher redemption for festivals lasting several days
Public Law Civil LawTickets for cancelled events can also be refunded through vouchers. The Supreme Court (Oberster Gerichtshof, OGH) took a closer look at how this applies to festivals lasting several days. In the original case, a visitor had purchased a 3-day pass for...
Mobile number transfer to become easier and free of charge
Public LawAnyone who wants to change their mobile phone tariff can rejoice: The transfer of phone numbers will not only be possible for a longer amount of time, but will also be free of charge. In other respects, too, consumers will find it easier to change th...
BVwG has legal provision in HGG examined by the VfGH
Public LawThe Federal Administrative Court (Bundesverwaltungsgericht, BVwG) considers Section 31 para 2 no 2 of the Army Fees Act (Heeresgebührengesetz, HGG 2001), which regulates eligibility for housing subsidies, to violate the principle of equality. The BVw...
ECJ: Labelling of the nutritional values of a chocolate muesli
Public Law EuroparechtThe European Court of Justice (ECJ) has assessed whether it is permissible to specify nutritional values per portion for foods that can be prepared in different ways. The German Federation of Consumer Centres and Consumer Associations (Bundesverban...
VwGH: Tax liability and the foreseeability of duties to cooperate
Public LawIt must be foreseeable for taxpayers whether and in what manner and to what extent they may be subject to a duty to cooperate in the procurement of supporting documents in tax proceedings conducted years later. The appellant is the owner of a tax war...
Green light for the Renewable Energy Expansion Act Package
Public LawOn 07.07.2021, the Renewable Energy Expansion Act Package (Erneuerbaren-Ausbau-Gesetzespaket) received the necessary two-thirds majority of the National Council. The legal measures are intended to take into account the Austrian federal government's g...
Report on vignette exemption for freeway sections near the border
Public LawThe amendment to the Federal Road Toll Act 2002 (Bundesstraßen-Mautgesetz, BStMG) passed by the National Council on 13 November 2019 was supposed to solve the problem: Due to the existing toll obligation in Austria, there was "almost continuous evasi...
Amended COVID-19 regulation has entered into force
Public LawAs of 15 March 2021, COVID-19 measures will be scaled back in many areas in the province of Vorarlberg. The amended Protective Measures Regulation (Schutzmaßnahmenverordnung) also stipulates that companies with more than 51 employees implement a COVI...
End of official secrecy has been drafted
Public LawAfter a long period of announcements, a draft of the Federal Chancellery (Bundeskanzleramt) for a new Freedom of Information Act (Informationsfreiheitsgesetz, IFG) is now available. The act aims to replace the constitutionally enshrined official secr...
Reluctant easing of COVID-19 restrictions in Austria
Public LawAfter several weeks of "hard lockdown", the federal government has announced initial opening steps. As of 8 February 2021, the previously all-day curfew restrictions are to be limited to the period between 8 pm and 6 am. In addition, retailers, servi...
German federal government proposes "Legal Tech Act"
Public LawThe government draft for an "act to promote consumer-friendly offers in the legal services market" of the German Federal Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz, BMJV) provides for relaxatio...
Brexit: Commission publication highlights benefits of EU membership over UK Trade and Cooperation Agreement
Public LawShortly before Christmas, the EU and the United Kingdom (as an exiting EU member state) agreed on a trade and cooperation agreement. This was intended to cushion the most severe consequences for the period after the post-Brexit transition period with...
Federal Act on the Expansion of Energy from Renewable Sources goes into review
Public LawOn 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...
Proposed Communication Platforms Act, Part 2: Up to EUR 10 million fine for violation of the obligation to remove illegal content
Public LawIn addition to the obligations to immediately remove illegal content etc., the draft of the Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) also provides for high penalties for violation of the regulations. Fines of up to EUR 1...
Proposed Communication Platforms Act, Part 1: Internet platforms to be obliged to immediately delete illegal content
Public LawThe draft for a Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) is intended to make providers of communication platforms (e.g. Facebook, Instagram, TikTok) more accountable for the removal or blocking of illegal content. The la...
Fixed cost subsidy will be extended from September
Public LawIn September 2020, the second phase of the fixed cost subsidy will start for companies that suffer COVID-19-related revenue losses. In this context, new guidelines for granting these Phase II subsidies were published. The Fixed Cost Subsidy II (Fixko...
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