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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.
Protection against dismissal for data protection officers - ECJ Decision C-534/20
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…
Jurisdiction in case of a supplemental agreement to an assignment agreement (OGH 30.03.2022, 8 Ob 13/22b)
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…
No bona fide consumption of additional remittance made in error of the employer (OGH 15.12.2021, 9 ObA 103/231v)
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…
Third-party liability for prohibited return of capital contributions (OGH 23.06.2021, 6Ob61/21w)
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…
![[Translate to en:]](/fileadmin/_processed_/d/9/csm_Kanzlei_Unger_Rechtsanwaelte_2021-368_530d276dca.jpg "[Translate to en:]")
Admissibility of super-predominiums also in the case of open-ended tenancy agreements
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…
![[Translate to en:] Mietzinsminderung wegen Betretungsverbot im Lockdown](/fileadmin/_processed_/7/7/csm_ra_unger_2021-422_9e141d834a.jpg "[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)
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…
No discrimination in case of dismissal due to refusal against Covid measures
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…
DPA Decision on D155.027, 2021-0.586.257.
Business Law
The use of the Google Analytics data analysis tool by a website operator constitutes a violation of the General Data Protection Regulation (GDPR).
Change in case law on work accidents during home office (OGH 27.04.2021, 10 ObS 16/21k)
Business Law
According to new case law, the intention of the act during "home office" shall be the only considered requirement to establish, whether an accident is…