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Bias of an arbitrator due to a "Facebook friendship"
26.02.2019Art 6 ECHR provides for the general right to assert the bias of a judge if his independence and impartiality are not undoubtedly certain.
Read moreLimitation period does not begin until knowledge of the circumstances
26.02.2019The period of limitation begins in the case of medical malpractice only with knowledge that such had occured.
Read moreThe co-tenant may not demand payment for the abandonment of his rental rights
26.02.2019According 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.
Read moreDamages resulting from manipulated software in diesel cars
26.02.2019The 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.
Read moreSub-letting on Internet platform is ground for termination
26.02.2019The 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.
Read moreSelective distribution system for luxury products allowed
26.02.2019The 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.
Read moreOffering SIM cards with pre-installed, active services is unlawful without explanation
26.02.2019If 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.
Read moreDismissal for extended lunch break
26.02.2019A worker may be dismissed summarily if he “has left work without authorisation”. The absence must be substantial and without a legitimate reason.
Read moreThe legal consequences of the digital estate
26.02.2019The 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.
Read moreTelecom providers may unilaterally amend general terms and conditions and terms of payment
26.02.2019Telecommunications 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.
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