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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.

Duplicate of a piece of furniture in a hotel

14.12.2016

Copyright Law

By setting up reproductions of copyrighted pieces of furniture in a publicly accessible hotel lobby, the originator’s right of distribution is not violated.

Arbitration agreements with Indian parties

14.12.2016

Arbitration

It is particularly difficult to achieve the enforcement of a foreign arbitral award in India, if the arbitration agreement has been concluded prior to the "Baltico-Judgement" of 07.09.2012.

Obligation to minimize damages in case a loan was unjustly declared due and payable?

14.12.2016

General Banking Law

In the case decided, a bank unjustly declared the loan earlier due and payable, whereupon the borrower demanded the costs of the debt restructuring from the bank as compensation for damages.