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Bias of an arbitrator due to a "Facebook friendship"

26.02.2019

Arbitration

Art 6 ECHR provides for the general right to assert the bias of a judge if his independence and impartiality are not undoubtedly certain.

Limitation period does not begin until knowledge of the circumstances

26.02.2019

Health Law

The period of limitation begins in the case of medical malpractice only with knowledge that such had occured.

The co-tenant may not demand payment for the abandonment of his rental rights

26.02.2019

Construction and Real Estate Law

According to the Tenancy Law, it is considered as an inadmissible one-off payment if the new tenant has to render a service to the previous tenant or the landlord without equivalent consideration.

Damages resulting from manipulated software in diesel cars

26.02.2019

Commercial Law Civil Law

The damage in case of purchasing a car with manipulated software results either from the fact that the deceived party has concluded an unfavourable contract as a result of fraud or in therein that the buyer has not entered into another advantageous contract.

Sub-letting on Internet platform is ground for termination

26.02.2019

Construction and Real Estate Law

The main tenants of an apartment in the center of Vienna offered its rental on a daily, weekly or monthly basis on an online booking platform directed to international users.

Selective distribution system for luxury products allowed

26.02.2019

Commercial Law Civil Law

The agreement between the distributor of branded (cosmetic) products and retailers that the ”luxury character of the products must be preserved” when the goods are offered does not violate European competition law.

Offering SIM cards with pre-installed, active services is unlawful without explanation

26.02.2019

Competition Law

If a telecommunications provider markets SIM cards on which certain chargeable services, such as Internet access or mailbox services are pre-installed and already activated without adequately informing consumers about the existence of the services and the costs incurred, this constitutes a violation of competition law.

Dismissal for extended lunch break

26.02.2019

Labour Law Civil Law

A worker may be dismissed summarily if he “has left work without authorisation”. The absence must be substantial and without a legitimate reason.

The legal consequences of the digital estate

26.02.2019

E-Commerce

The German Federal Supreme Court ruled that heirs fully enter into all legal relationships of the testator due to the general applicable universal succession. This applies equally to all digital contracts with operators.

Telecom providers may unilaterally amend general terms and conditions and terms of payment

26.02.2019

Consumer Protection Civil Law

Telecommunications providers are allowed to unilaterally modify general terms and conditions and terms for service prices on the basis of the statutory provisions of § 25 TKG without a contractual agreement in this respect.