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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.

No subrogation to the social insurance agency in case of air rescue costs after traffic accident (OGH 2 Ob 145/22w)

Created by Mag. Bianca Holzer |
Aviation Law , Civil Law

1. Facts of the case

An air rescue operator performed two medically necessary air rescue transports after a traffic accident. He charged the injured…

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Reduction of all-in payment during parental part-time leave (OGH 9 ObA 83/22d)

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

1. Facts of the case

The employee had been working for the employer since June 2015. The collective agreement for employees in commerce was…

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Cancellation already after failure of the first repair attempt

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

Facts

The plaintiff purchased a new car from the defendant for EUR 36,083.00. The vehicle was handed over on 31.10.2019.

Plaintiff subsequently…

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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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[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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