Posts tagged #time limit

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One-year deadline for data protection complaints

Data Privacy Law 

The Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) reviewed whether the one-year deadline specified in Section 24(4) of the Austrian Data Protection Act (Datenschutzgesetz, hereinafter DSG) under national procedural law alig...

Security for legal costs: No time limit for supplementary applications

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter referred to as OGH) has issued a ruling regarding the circumstances under which pre-trial security deposits may be requested from foreign claimants. In late 2021, the plaintiff in the case...

OGH: Written form of verbal power of attorney in the tenancy agreement

Civil Law 

A written reference to acting (also) in another's name is not required either for the effectiveness of the proxy or for the fulfilment of the written form requirement for temporary tenancy agreements. A tenancy agreement limited to 3 years was conclu...

OGH: On the validity of a European Certificate of Succession

Civil Law 

A certified copy of a European Certificate of Succession within the meaning of Regulation (EU) 650/2012 (Erbrechtsverordnung, EuErbVO) is valid for a period of six months from the date of issue, unless another time limit is specified. If the certifie...

DE: Contents of the grounds for appeal? - Can it also be improved?

Civil Law 

A statement of the grounds for appeal must - in order to meet the substantive requirements - refute all the arguments mentioned regarding the rejection of the claim in the dismissed judgment. Overlooking just one argument leads to inadmissibility of ...

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