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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)
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…
Reduction of all-in payment during parental part-time leave (OGH 9 ObA 83/22d)
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…
Digital Services Act (DSA) - EU regulation on a single market for digital services (Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022)
Civil Law
The Regulation on a single market for digital services (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022R2065) was published in the…
Seminar announcement "Labor Law for Managers" with Ms. Mag. Unger as lecturer (November 2022)
Employment Law for Companies , Lecture / Lectures
On 28.11.2022, the professional seminar "Labor Law for Managers" will again take place at the Hilton Vienna Plaza Vienna.
Ms. Mag. Unger deals with…
Cancellation already after failure of the first repair attempt
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…
EBA Guidelines on the limited network exclusion under PSD II
Payment Law
1. Background and entry into force
The European Banking Authority (EBA) has issued and published guidelines on the limited network exclusion under…
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…