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No contributory negligence on the part of the patient due to the culpable causation of his need for treatment
24.03.2017According to established jurisprudence and prevailing academic doctrine contributory negligence on the part of the killed relative is taken account in the survivors’ claims for damages (§ 1327 ABGB) against the injuring party per analogy to § 7 (2) EKHG.
Read moreMisleading advertising with an office "located in Vienna"
24.03.2017A lawyer has his law firm based in Vorarlberg. He advertises on his homepage with an office "located in Vienna" and states an address and telephone number in Vienna.
Read moreNo obligation of the physician to inform or to warn about the costs of the treatment
24.03.2017After a ski accident the defendant was transported to the claiments private hospital.
Read moreDisproportionate distribution of profit
24.03.2017Pursuant to § 82 (2) GmbHG, the profit is generally distributed in proportion to the capital invested.
Read moreDigital copying of protected books only with the consent of the copyright owner
24.03.2017Two authors of literary works applied to the French constitutional Court for the annulment of a decree which allowed the commercial use of "out-of-print books" in digital form.
Read moreUse of secrets by enticed former employees
24.03.2017The defendants did not unfairly procure customer data or use this data to recruit the employees of the claimant during their work for the claimant.
Read moreProduct-key distribution
24.03.2017Microsoft asserted copyright claims against the defendant on the grounds of the infringement of its trademark rights due to the transfer of a product key to third parties.
Read moreGeneral Terms and Conditions: Limitation of liability to the amount of the rental charge
24.03.2017A limitation of liability clause "In the event of slight negligence (except for personal injury), S *** is liable for the damage up to the amount of the agreed rental charge" provided in the general terms and conditions of a car rental company is valid.
Read morePhone bill over € 10.000 due to hacker attacks
24.03.2017The telecommunications operator must take the necessary measures to prevent hacker attacks as part of his due diligence obligations.
Read moreClaim for damages against former charmain
24.03.2017§ 8 VerG provides for the (incurable) inadmissibility of a legal claim for damages by an association against its former chairman for alleged misconduct.
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