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News

Damages resulting from manipulated software in diesel cars

26.02.2019

The 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. 

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Selective distribution system for luxury products allowed

26.02.2019

The 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. 

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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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GmbH & Co KG - Liability of the director of the partner GmbH

14.12.2016

In accordance with § 25 GmbHG by analogy, the manager is directly responsible toward the "Komplementär-GmbH", if the "Komplementär-GmbH" acts exclusively in performance of the KG’s management duties.

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Immoral Compensation clause in the articles of association

14.12.2016

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.

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D&O-Insurance: Serial damage clause

17.05.2016 Read more

no administrative criminal proceeding once the investigative procedure according to the stpo (austrian code of criminal procedure) was discontinued

17.05.2016 Read more