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Schima Mayer Starlinger | Austria | 21 Mar 2023
Dominance in Austria
Schima Mayer Starlinger | Austria | 28 Feb 2023
Gas Regulation in Austria
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.
Schima Mayer Starlinger | Austria | 27 Apr 2021
Multiple assignments of future receivables
The Supreme Court recently addressed the effects of an agreed sale of a plot of land on the security assignment of the future receivables under the lease agreement regarding such plot. It broadly upheld its previous jurisprudence and confirmed that in cases of security assignments of future receivables, where the agreement on the assignment has already been completed, the receivable will......
Schima Mayer Starlinger | Austria | 19 Jan 2021
Eye-catching decision on advertising of consumer loans
The Supreme Court recently had to decide whether ads for consumer loans which stated a monthly rate in the main text and a debit interest rate "from... % p.a." depending on creditworthiness, together with an example in the footnote text, complied with the Consumer Credit Act. The court held that the requirement that certain information be presented in a clear, concise and prominent way is not......
