| Dear Readers,
For this week’s newsletter, we have selected three current articles for you from various legal and economic fields.
The first article, “Austria Remains Liable for Billions to the EFSF,” addresses the latest developments surrounding the European Stability Mechanism (ESM) and the temporary euro rescue fund, the EFSF. The Finance Minister’s report for the second quarter of 2026 shows that the former program countries remain able to meet their public debt obligations. Spain will no longer be subject to surveillance in the future; however, it still has outstanding bailout loans totaling 7.3 billion euros to the ESM. At the same time, Austria continues to bear significant liability for the EFSF: including principal, interest, and over-guarantees, the federal government’s liabilities amount to approximately 10.4 billion euros.
The second article, “Death of a GmbH Managing Director: No General Duty to Make Provisions,” addresses a recent decision by the Supreme Court concerning labor and corporate law. The Supreme Court ruled that a sole shareholder and managing director has no general obligation to make provisions during his lifetime for his possible sudden death in the absence of concrete indications of a life-threatening situation. At the same time, it pointed out the possibility of appointing an emergency managing director under Section 15a of the Limited Liability Companies Act (GmbHG) if a company is temporarily without a managing director.
The third article, “Supreme Court: Where Does Permissible Criticism End and Defamation Begin?,” addresses the limits of free speech and the question of when public criticism crosses the line into impermissible defamation. The case stemmed from a Facebook comment accusing a well-known journalist and news anchor of telling “tall tales.” The Supreme Court clarified that, in assessing such a statement, the overall context and the understanding of an impartial, average reader are decisive. Even harsh criticism can generally be permissible if it is based on concrete facts. However, if a defamatory accusation lacks any verifiable factual basis, it may constitute an impermissible excess of judgment. In this specific case, the allegation of lying lacked a corresponding factual basis.
We hope you find these articles interesting and look forward to your feedback at usancen@lawthek.eu.
Best regards,
The Editorial Team |
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| | The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider whether the public allegation that a journalist was telling ‘tall tales’ constituted permissible criticism or an impermissible defamatory insult. In the case before th... (17. September 2026) |
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| | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether the sole shareholder and managing director of a GmbH is required to make contingency arrangements in anticipation of their sudden death. The cas... (17. September 2026) |
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| | Spain, Cyprus, and Greece, the former programme countries, continue to meet their public debt obligations, according to the Finance Minister’s latest report on the European Stability Mechanism (ESM) for the second quarter of 2026. Spain will no longe... (17. September 2026) |
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| | | | This newsletter is a free voluntary service of Cybly GmbH (hereinafter also referred to as “Cybly”). By publishing the information in this newsletter, Cybly does not provide any legal services, nor is any advisory relationship established between Cybly and the reader. The newsletter is not a substitute for specific legal or other advice in individual cases. For information on specific legal questions, please consult your legal advisor. |
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| | Cybly GmbH | Strubergasse 28 / 5. OG | 5020 Salzburg AUSTRIA |
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https://usancen.lawthek.eu/en/newsletter/2026-09-17/
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