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Our blog is intended to provide you with regular information on current legislation and case law, amendments to the law and our lecturing activities. With our contributions, we pursue the goal of creating added value for your everyday legal life.

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Decision of the OGH to 9ObA83/21b

Created by Thomas Hörantner, LL.M. |
Civil Law , Contract Law

Cancellation already after failure of the first repair attempt

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EBA Guidelines on the limited network exclusion under PSD II

Created by Mag. Bianca Holzer |
Payment Law

1. Background and entry into force

The European Banking Authority (EBA) has issued and published guidelines on the limited network exclusion under…

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Kündigungsschutz für Datenschutzbeauftragte - EuGH Entscheidung C-534/20

Protection against dismissal for data protection officers - ECJ Decision C-534/20

Created by Mag. Sylvia Unger |
Employment Law for Companies

Stricter protection against dismissal under national law for data protection officers is not contrary to EU law insofar as there is no infringement of…

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Jurisdiction in case of a supplemental agreement to an assignment agreement (OGH 30.03.2022, 8 Ob 13/22b)

Created by Mag. Bianca Holzer |
Corporate Law , Civil Litigation

1. Facts of the case

An assignment agreement was concluded between B (defendant) and K (plaintiff). Under the assignment agreement, B acquired shares…

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No bona fide consumption of additional remittance made in error of the employer (OGH 15.12.2021, 9 ObA 103/231v)

Created by Thomas Hörantner, LL.M. |
Employment Law for Companies , Civil Law

Facts

The defendant employee (AN) was employed by the plaintiff employer (AG) from 2006 to 2017. In 2016 she received a monthly salary of EUR…

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Einlagenrückgewähr Haftung Dritte

Third-party liability for prohibited return of capital contributions (OGH 23.06.2021, 6Ob61/21w)

Created by Mag. Fridolin Fahringer |
Corporate Law

In the topical case, an external third company granted a loan to the parent company in a parent-subsidiary constellation. In the following, this loan…

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Admissibility of super-predominiums also in the case of open-ended tenancy agreements

Created by Mag. Sylvia Unger |
Real Estate Law , Tenancy Law

What is a "superädifikat"? 

In principle, the owner of a property is also the owner of the building erected on it. Superädifikate are an exception to…

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[Translate to en:] Mietzinsminderung wegen Betretungsverbot im Lockdown

Lease reduction due to an access ban during lockdown (OGH 25.01.2022, 8 Ob 131/21d)

Created by Mag. Fridolin Fahringer |
Civil Law

The lease of a rental property is not only to be lowered if the object itself becomes unusable due to an ‘epidemic’ such as COVID-19, but also because…

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No discrimination in case of dismissal due to refusal against Covid measures

No discrimination in case of dismissal due to refusal against Covid measures

Created by Mag. Sylvia Unger |
Employment Law for Companies , Civil Law

Employees may not be dismissed on the basis of their ideology. If this nevertheless happens, the dismissal can be challenged in court. According to…

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