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General 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 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.
Read moreEU regulation makes it easier to take security measures against debtors
24.03.2017To date, in cross-border claims a creditor is confronted with an unknown enforcement procedure.
Read moreNew law to fight wage and social dumping - LSD-BG
14.12.2016In Austrian Federal Law Gazette I 44/2016 new provisions were introduced to fight wage and social dumping.
Read moreTermination of a fixed-term employment contract
14.12.2016A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended.
Read moreAcquisition of an overpayment in good faith
14.12.2016If 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.
Read moreConsent to telephone and email advertisement
14.12.2016A 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.
Read moreGmbH & Co KG - Liability of the director of the partner GmbH
14.12.2016In 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.
Read moreImmoral Compensation clause in the articles of association
14.12.2016In 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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