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News

Allocation of the losses of a tax-exempt foreign subsidiary to the "group leader"

24.03.2017

The fact that a foreign group member is tax-exempt in his home country [in the case decided: limited liability company in the United Arab Emirates] does not prevent the allocation of the losses to the “group leader” in accordance with § 9 (1) KStG 1988.

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Misleading announcement "20% VAT free" for voucher instead of discount

24.03.2017

A "20% VAT" discount announcement triggers with the consumer the assumption that a discount in the value of the VAT is included in the gross price and that it is granted immediately upon purchase. 

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No contributory negligence on the part of the patient due to the culpable causation of his need for treatment

24.03.2017

According 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.

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Misleading advertising with an office "located in Vienna"

24.03.2017

A 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.

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No obligation of the physician to inform or to warn about the costs of the treatment

24.03.2017

After a ski accident the defendant was transported to the claiments private hospital. 

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Disproportionate distribution of profit

24.03.2017

Pursuant to § 82 (2) GmbHG, the profit is generally distributed in proportion to the capital invested. 

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Digital copying of protected books only with the consent of the copyright owner

24.03.2017

Two 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. 

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Use of secrets by enticed former employees

24.03.2017

The defendants did not unfairly procure customer data or use this data to recruit the employees of the claimant during their work for the claimant.

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Product-key distribution

24.03.2017

Microsoft 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. 

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General Terms and Conditions: Limitation of liability to the amount of the rental charge

24.03.2017

A 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.

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