Publications

Data Protection

Marija Križanac is part of the author team of the new MANZ practice commentary on data protection law

Marija Križanac is part of the renowned author team of the recently published practice commentary Knyrim (ed.), The DatKomm – the new standard reference work for data protection law (GDPR and DSG [Austrian Data Protection Act]). .. more

Insolvency & Restructuring

Is Beneficial Ownership Register Act compliance an insolvency administrator's duty?

Before the most recent update to the online FAQ section by the responsible authority, the answer to this question was unknown. Due to the tight timeframes for complying with the Beneficial Ownership Register Act (BORA) and the range of practical problems arising from it, the question has caused headaches for insolvency law practitioners in Austria. .. more

Employment

Good Friday and direct discrimination on religious grounds

Under Austrian law, Good Friday is a paid public holiday only for members of the Evangelical Church Augsburg Confession, the Evangelical Church Helvetic Confession, the Old Catholic Church and the United Methodist Church. .. more

Real Estate & Construction

Demolition crackdown: Vienna protects its buildings

Earlier in 2018 the City of Vienna announced its intention to reform the building code. One of the aims of the reform is to protect the city's historic buildings. .. more

Intellectual Property / IP & IT

Exhaustion of trademark rights and burden of proof

In a recent decision the Supreme Court gave clear guidelines as to the circumstances in which the burden of proof regarding the exhaustion of trademark rights shifts from the defendant to the trademark owner. .. more

Intellectual Property / IP & IT

General Court Rules on the Circumstances Under Which a Graphic Arrangement of a Mark Might Eliminate a Likelihood of Confusion

The General Court of the Court of Justice of the European Union denied in the case T-776/16 (Isocell GmbH v. iCell AB) a likelihood of confusion between the earlier word mark ISOCELL and the word part of the younger figurative/word mark “iCell” for identical and similar goods. Considering the low level of distinctiveness of the word elements of the marks and the high attention that would be paid by the relevant consumers, the figurative elements of the mark “iCell” distinguish it clearly from the earlier mark. In this context, the court stated that the word elements of a figurative/word mark must not automatically always be regarded as the dominant element. .. more

Banking & Finance

Beneficiary's repayment obligation following bank guarantee by consumer securing third-party debt

In a recent decision, the Supreme Court extended the scope of the sections of the Consumer Protection Act that protect consumers that accede to a third party's obligation without any economic interest of their own. .. more

Employment

Parliament passes new Working Time Act

On 5 July 2018 Parliament passed a new law that brings sweeping changes to the Working Time Act and will come into effect on 1 September 2018. The most important changes to the Working Time Act and Act on Rest Periods are summarized here. .. more

Insolvency & Restructuring

Liability for payments after company has become insolvent

If a managing director of a company makes payments after a substantive insolvency, they may be liable for damages under Section 25(3)(2) of the Statute on Limited Liability Companies. This does not apply to payments that comply with the duty to exercise due care and diligence of a prudent and conscientious manager even after the occurrence of substantive insolvency. Such liability will arise if there is a reduction in the company's assets which are distributable as part of the insolvent's estate because the managing director filed for insolvency late and payments were made in the meantime. The company is the party entitled to such damages. .. more

Real Estate & Construction

Supreme Court manages shopping centre management costs

Service charge provisions in shopping centre lease agreements frequently give rise to disputes between landlords and shop operators. In a recent decision on such costs, the Supreme Court offered some insights into shopping centre lease agreements which go beyond service charge provisions. .. more

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