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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.

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.