Posts tagged #repayment
All PostsOGH on Reimbursement of Training Expenses
Labour LawIn the context of a labour law dispute, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently upheld the validity of repayment agreements for pre-financed training. The claimant in the case at hand had requested EUR 56,666.5...
OGH: Are Contingency Fees Allowed in Austria?
Civil LawAccording to Section 879(2)(2) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB), a contract is null and void if a legal advisor accepts a certain share of the amount awarded to the other party. This provision does not only apply...
OGH: Signature Required for Training Reimbursement Agreement
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly clarified that an agreement to reimburse training costs according to Section 2d of the Austrian Employment Contract Law Amendment Act (Arbeitsvertragsrechts-Anpassungsg...
GER: Charges for Early Loan Repayment
Civil LawAccording to the Higher Regional Court of Frankfurt am Main, so-called flat-rate bank charges in connection with early loan repayments can only be applied if consumers are given the opportunity to show that the bank has suffered lower or no damages. ...
OGH: Training Costs Cannot Be Passed on to Trainee
Labour LawAn agreement to pass on training costs to the trainee is inadmissible both in apprenticeships as well as in training relationships. It makes no difference whether such an agreement is made at the beginning or only during a training relationship. The ...
OGH on Repayment of Loan Processing Fees
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), the clause used by a credit institution to exclude the repayment of processing fees in the event of early repayment of a loan is neither unlawful nor grossly disadvantag...
OGH: Fictitious Managing Director's Salary as Compensation for Damages
Civil LawIn case a contract-fulfilling party does not conclude a coverage agreement, only the abstract calculation of damages can be considered. A lease agreement for a hospitality business was concluded between the plaintiff (lessee) and the defendant (lesso...
LGZ Wien: Reasonable amount of damages for acts of trespassing
Civil LawIn the course of the plaintiff's stay in hospital, the Regional Court for Civil Matters Vienna (Zivilrechtssachen Wien, LGZ Wien) dealt with the appropriate amount of a claim for damages due to the preparation and possible execution of an act of tres...
OGH on the reimbursement of educational costs of minors
In the present case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the permissibility of an agreement on the reimbursement of training costs between a minor and her employer. In the case in question, a minor concluded a contract of employm...
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