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Posts tagged #recovery

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OGH on Tax Compensation for Lost Earnings

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that, in cases where someone is seeking reimbursement for tax compensation due to lost earnings, the usual rules about who must prove their claims still apply. Shifting ...

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ECJ: Time Limits for Consumer Debt Repayment

European Law 

The 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...

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Vienna Court: Possessory Restoration Claims in Building Law

Civil Law 

Outside the core areas of Section 345 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), a possessory claim for restoration according to Section 346 ABGB (analogously) is only to be recognised if its fulfilment does n...

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