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News

EU regulation makes it easier to take security measures against debtors

24.03.2017

To date, in cross-border claims a creditor is confronted with an unknown enforcement procedure. 

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Disproportionate distribution of profit

24.03.2017

Pursuant to § 82 (2) GmbHG, the profit is generally distributed in proportion to the capital invested. 

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Use of secrets by enticed former employees

24.03.2017

The defendants did not unfairly procure customer data or use this data to recruit the employees of the claimant during their work for the claimant.

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GmbH & Co KG - Liability of the director of the partner GmbH

14.12.2016

In accordance with § 25 GmbHG by analogy, the manager is directly responsible toward the "Komplementär-GmbH", if the "Komplementär-GmbH" acts exclusively in performance of the KG’s management duties.

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Immoral Compensation clause in the articles of association

14.12.2016

In case the memorandum of a GmbH does not contain any compensation clause for departing shareholders, a retiring shareholder is entitled to demand the current market value of his share.

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New law to fight wage and social dumping - LSD-BG

14.12.2016

In Austrian Federal Law Gazette I 44/2016 new provisions were introduced to fight wage and social dumping. 

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Termination of a fixed-term employment contract

14.12.2016

A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended. 

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Acquisition of an overpayment in good faith

14.12.2016

If an employee (in the case decided: a caretaker) receives an overpayment over a longer period by mistake, she is not obligated to pay back the surplus provided that she has already spent the money in good faith. 

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Consent to telephone and email advertisement

14.12.2016

A consumer’s declaration of consent to telephone and e-mail advertising for the purpose of free participation in a competition is void, if this consent concerns a large number of companies. 

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Redemption of flight vouchers

17.05.2016 Read more