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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

Health Law

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.

Immoral Compensation clause in the articles of association

14.12.2016

Civil Law Commercial Law

In case the memorandum of a GmbH does not contain any compensation clause for departing shareholders, a retiring shareholder is entitled to demand the current market value of his share.

Action against the lessor of a stand in case of trademark infringement at the market place

14.12.2016

Competition Law

In order to enforce intellectual property rights the member states of the European Union have to ensure, that a rightholder can also force an “intermediary” to take measures against the infringement of rights and to prevent renewed violations.

New law to fight wage and social dumping - LSD-BG

14.12.2016

Labour Law Civil Law

In Austrian Federal Law Gazette I 44/2016 new provisions were introduced to fight wage and social dumping.

Find friends on Facebook

14.12.2016

Competition Law

Invitation emails sent by Facebook to recipients, who are not members of this social network, must be qualified as unreasonable harassment in terms of § 7 (2) (3) of the German Fair Trade Practises Act (dUWG).

Termination of a fixed-term employment contract

14.12.2016

Civil Law Labour Law

A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended.

Liability of Amazon-retailers

14.12.2016

E-Commerce

The activity as a supplier on the Amazon trading platform represents a risk-increasing behaviour.

Acquisition of an overpayment in good faith

14.12.2016

Civil Law Labour Law

If an employee (in the case decided: a caretaker) receives an overpayment over a longer period by mistake, she is not obligated to pay back the surplus provided that she has already spent the money in good faith.

Responsibility for postings on Facebook

14.12.2016

E-Commerce

The owner of a Facebook-account whose membership account has been used by a third party, is liable on the principles of the so-called „Halzband“-decision issued by the German Supreme Court (there, the wife of the accountholder had advertised a non-genuine piece of jewellery as “Cartier“ on eBay.

Consent to telephone and email advertisement

14.12.2016

Civil Law Consumer Protection

A consumer’s declaration of consent to telephone and e-mail advertising for the purpose of free participation in a competition is void, if this consent concerns a large number of companies.