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PHH Rechtsanwälte | Austria | 14 Sep 2021

10 things to know about Austrian stamp duty

While it has its origins in the Habsburg monarchy, the Stamp Duty Act (SDA) is still in force as of today, despite banks' repeated calls for its abolishment. The SDA contains an exhaustive list of legal transactions that are subject to stamp duty in Austria if certain legal prerequisites are met. This article answers FAQs about stamp duty requirements in Austria.
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Preslmayr Attorneys at Law | Austria | 8 Sep 2021

Strict advertising rules for (foreign) dentists

The Chamber of Austrian Dentists and Dental Specialists is active in protecting the interests of its members and fending off the intrusion of foreign practitioners. In October 2020 it sought an interim injunction to prevent a German limited liability company from advertising medical products, quoting prices for private dental services in public announcements or having such prices quoted, and......
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Schoenherr | Austria | 3 Sep 2021

Digital Austria – overview of domestic digitalisation efforts

For many years, Austria has ranked among the most successful countries in Europe in terms of digitalisation. However, while it is to be welcomed that money and time can be saved and communication with authorities, enterprises and citizens can be accelerated and simplified through more interconnectivity and digitalisation of processes, care must be taken to ensure that the rights of the people......
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GRAF ISOLA Rechtsanwälte GmbH | Austria | 24 Aug 2021

Supreme Court rule on pursuing claims via conciliation board

The Supreme Court recently held that a provision in an employment contract requiring an employee to pursue their claims through mandatory dispute resolution by way of a conciliation board was one-sided and delayed enforcement of claims; therefore, it was null and void. The conciliation procedure was intended to aid the employee and the employer in settling the matter by way of a compromise......
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GRAF ISOLA Rechtsanwälte GmbH | Austria | 11 Aug 2021

Supreme Court rule on pursuing claims via conciliation board

The Supreme Court recently held that a provision in an employment contract requiring an employee to pursue their claims through mandatory dispute resolution by way of a conciliation board was one-sided and delayed enforcement of claims; therefore, it was null and void. The conciliation procedure was intended to aid the employee and the employer in settling the matter by way of a compromise......
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GRAF ISOLA Rechtsanwälte GmbH | Austria | 2 Aug 2021

Revocation of EUTM for misleading public

The Supreme Court recently issued its first decision concerning the revocation of a trademark for misleading the public. Since there is little case law relating to article 58(1)(c) of the EU Trademark Regulation, the decision is a welcome clarification of the prerequisites for this ground of revocation.
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Schima Mayer Starlinger | Austria | 27 Jul 2021

Are surcharges for PayPal or instant transfer still unlawful under Austrian law?

In Austria, payees are not permitted to charge fees for the use of a specific payment instrument. The German Supreme Court recently held that a payer and a payee may validly agree that a charge may be levied by the payee for the use of PayPal or instant transfer service. This article considers whether this decision could also allow for charges to be levied by Austrian payees.
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Preslmayr Attorneys at Law | Austria | 16 Jun 2021

No profit from blood donations

The Supreme Court recently had to decide whether a lump-sum compensation for expenses must be considered profit. According to Section 8 of the Blood Safety Act (BSG) 1999, blood and plasm donors must not make a profit by donating blood or plasm. The law uses the terms "profit" and "compensation of expenses" only in Section 8(4) of the BSG. The concentration of these terms in one single......
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Schoenherr | Austria | 14 Jun 2021

Energy from biomass and biogas

The eagerly awaited Renewable Expansion Law relies on market premiums aimed at compensating for the difference between the production costs of electricity from renewable sources and the average market price for electricity. This article considers aspects of the law concerning biomass and biogas, including the tender process and qualifying criteria, the calculation of the market premium and......
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Schoenherr | Austria, European Union | 14 Jun 2021

Supreme Administrative Court once again favours environmental organisations

The Supreme Administrative Court remains on course with its pro-environmental organisation (EO) case law. In recent months, the court has issued several more interesting rulings that seem to strengthen EOs' position in nature conservation proceedings. However, these decisions run contrary to the Lower Austrian legislature's aim of ensuring legal certainty.
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