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Chargeable bank statement unlawful

26.02.2019

Banking Law

The fee of € 2,00 for a transmission of account statements by mail, which is provided in the terms and conditions of a bank, is not legal.

Parents damages in case of delayed education start of the child following an acciden

26.02.2019

Civil Law Miscellaneous

Because of the injuries suffered in a traffic accident, the plaintiff's daughter was unable to take the entrance examination for medical studies.

Account charges may only be increased under certain conditions

26.02.2019

Banking Law

The transparency requirement of the KSchG stipulates that the consumer must be informed about the significant influencing factors of a fee increase in order to understand the effects of a clause.

On the (in)validity of allographic wills

26.02.2019

Civil Law Miscellaneous

According to the latest decision of the Supreme Court, testamentary decrees not handwritten by the testator are only valid if the testamentary witnesses themselves sign on the deed.

The clauses "manual rework" and "third-party charges" are void

26.02.2019

Banking Law

The clause “manual rework of transactions € 2,90/3,90” contained in a bank's general terms and conditions, according to which consumers must pay the specified fees even if the manual rework of their transaction is necessary solely for reasons attributable to the credit institution (such as computer errors), is grossly disadvantageous and therefore ineffective.

Tacit order placement of real estate agent

26.02.2019

Civil Law Miscellaneous

An implied order placement is to be assumed if the interested party tolerates the activity of the commercial real estate agent or makes use of it profitably.

Tax reduction for pension compensation of a shareholder director

26.02.2019

Tax Law

The sole shareholder and managing director of a limited liability company, which received income from independent work for its activity, entered into a contract with the company in 1995 for a company retirement pension.

Decisions of the SCAI on the constitution of an arbitral tribunal and the appointment of an arbitrator are not subject to separate appeal

26.02.2019

Arbitration

According of the Swiss Code of Civil Procedure, only the final arbitral awards by which an arbitral tribunal upholds, dismisses or rejects a claim in whole or in part, as well as partial arbitral awards by which a quantitative part is adjudicated and interim arbitral awards by which a preliminary question is decided may be challenged the Federal Supreme Court.

Prohibition of reimbursement of Nursing home costs ("Pflegeregress") that occurred before 01.01.2018

26.02.2019

Health Law

The “Pflegeregress”, which has been waved since 01.01.2018, had for consequence that assets of the person who admitted to care facilities and as well their heirs had to contribution to the care costs.

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.