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Supreme Court on hairstyles and discrimination

May 8 2019 An employee recently sued for damages and compensation for gender discrimination when his job application was rejected because he had long hair…

The brave new world of Bitcoin - Austria

June 26 2015 A long list of buzzwords (eg, cryptographic algorithms, operational security and transparency, anonymity, decentralised and deregulated organisation…

Copyright owners beware! Supreme Court judgment defines author's distribution rights anew

September 19 2016 In light of a European Court of Justice ruling, the Supreme Court recently overturned its earlier interpretation of an author's exclusive distribution right in relation to his or her work of art.

Supreme Court scrutinises admissibility of videoconference hearings

October 29 2020 The Supreme Court recently determined the admissibility of conducting an arbitral hearing by means of a videoconference in the context of challenge…

Supreme Court sets aside arbitral award for defective reasoning

January 19 2017 The Supreme Court recently considered if and under what circumstances defective reasoning of an arbitral award may lead to its annulment under the…

Use of clandestine recordings as evidence

May 17 2021 The Supreme Court recently confirmed that both the production and disclosure of clandestine recordings violate copyright. However, clandestine…

Supreme Court analyses conflicting forum selection clauses

April 29 2021 The Supreme Court recently assessed a case where the parties had agreed two conflicting forum selection clauses within the same contract: an arbitration agreement and a jurisdiction clause in favour of a state court. Conflicting forum selection clauses providing for the jurisdiction of state courts on the one hand and arbitral tribunals on the other hand are regularly contained in one contract. Austrian case law generally tends to construe contracts in a way that gives effect to the arbitration agreement.

Refill products infringe trademark

April 19 2021 The Supreme Court recently held that selling refill products for a dispenser that is manufactured by another party without indicating that the refill…

COVID-19 and commercial leases - new court decisions

March 26 2021 To date, there have been three COVID-19-related lockdowns in Austria. During each of these periods, the customer area of shops had to be closed to the…

COVID-19 and commercial leases - one year on

March 12 2021 Two lower court decisions have confirmed tenants' right to claim a COVID-19-related rent reduction in general. However, both decisions must be read…