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OBLIN Attorneys at Law | Austria | 19 May 2022
Dispute Resolution in Austria
OBLIN Attorneys at Law | Austria | 25 Feb 2022
Arbitration in Austria
OBLIN Attorneys at Law | Austria, European Union | 21 Apr 2020
Volkswagen emissions scandal: Supreme Court refers questions to ECJ
The Supreme Court recently decided to refer certain important questions regarding the Volkswagen emission manipulation scandal to the European Court of Justice (ECJ) for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union. The Supreme Court's assessment of the case and its decision to refer it to the ECJ have revealed other aspects of the scandal and......
OBLIN Attorneys at Law | Austria, European Union | 10 Mar 2020
Austria, EU privacy and the ongoing Schrems v Facebook case
The Vienna Regional Court for Civil Matters recently closed the oral hearing in the data protection case brought against Facebook by European privacy group None of Your Business. During the hearing, Facebook's European privacy director faced questions centring on matters of data control regarding the social media platform. The pending decision of the court foreshadows further disputes on......
OBLIN Attorneys at Law | Austria, Iran | 24 Dec 2019
Iranian inheritance law and Austrian public policy
Earlier in 2019, the Supreme Court held that in light of a bilateral treaty, the Austrian courts must apply Iranian law in inheritance matters concerning Iranian nationals. However, provisions of Iranian law that differentiate between heirs on the basis of gender must be treated as violations of the fundamental values of Austrian law and should thus be exempt from application.
OBLIN Attorneys at Law | Austria | 20 Aug 2019
Recent developments: new database and res judicata effect
There have been a number of recent legislative developments in Austria, including amendments to the Austrian Enforcement Act, which have granted certain parties access to data about pending enforcement proceedings. Further, the Supreme Court has confirmed that the res judicata effect of a foreign judgment applies at all stages of proceedings conducted in Austria.
OBLIN Attorneys at Law | Austria | 17 Jul 2018
Surprise decision regarding changing case law
The Supreme Court recently ruled that even settled case law can change. The law prevents the retroactive application only of statutory laws, not court decisions. Therefore, changes in case law also apply retroactively, as there is no ban on the retroactive application of legal knowledge by the courts. The interest in maintaining 'correct' case law overrides earlier protections afforded to......
OBLIN Attorneys at Law | Austria | 3 Apr 2018
Supreme Court's stance on applicability of agreements conferring jurisdiction
Article 23(1) of the EU Brussels I Regulation sets out minimum requirements for contractual agreements. In particular, the requirements seek to ensure that agreements conferring jurisdiction do not become part of the contract without the knowledge of all of the parties. In a recent case involving the international chemicals industry, the Supreme Court had to consider whether the formal......
OBLIN Attorneys at Law | Austria | 23 Jan 2018
Supreme Court rules on non-bank loans
The Supreme Court recently ruled in a case in which a loan was granted without collateral and obviously served to finance the acquisition of the target's shares. Considering that this withdrew considerable funds from the company, putting creditors at risk without any operational justification, the Supreme Court held that this could not be reconciled with the diligence expected from a......
OBLIN Attorneys at Law | Austria | 18 Jul 2017
Disclosure of accounts pursuant to Article XLII of Code of Civil Procedure
Under Article XLII of the Code of Civil Procedure, any party that has a substantive claim for information against another party (which it is suing for performance) has a claim for the disclosure of accounts to mitigate serious problems with quantifying the substantive claim if the accounts could help the claimant and if the respondent can be reasonably expected to provide them.
