• JD Supra Austria

Publisher:
JD Supra
Publication date:
2019-04-29

Latest documents

  • Does a Right to a Physical Hearing Exist in International Arbitration? - Austria Report

    The Austrian Code of Civil Procedure (“ZPO”) contains a special part dedicated to arbitral proceedings (Sections 577 to 618 ZPO). This forms the Austrian lex arbitri. 
 
 Section 598 ZPO provides that each party in arbitration has a right to an “oral hearing”: 
 
 “Oral Hearings and Written Proceedings: Unless the parties have otherwise agreed, the arbitral tribunal shall decide whether to hold oral hearings, or whether the proceedings shall be conducted in writing. Where the parties have not excluded an oral hearing, the arbitral tribunal shall, upon motion of a party, hold an oral hearing at an appropriate stage of the proceedings”.
 
 Originally published by ICCA - March 2021.
 
 Please see full Report below for more information.

  • Establishing A Business Entity In Austria (Updated)

    1. Introduction - 
 
 In principle any national citizen or foreign national is allowed to establish a business in Austria. A company is defined as a partnership of at least two persons (exceptions for limited liability companies and joint-stock companies), founded by a legal transaction, who want to achieve a certain purpose through organized cooperation. While one person is sufficient to establish a limited company (Kapitalgesellschaft), at least two persons are necessary to form a partnership entity (Personengesellschaft). A business operated by a single natural person with full personal liability (i.e. without any further partners or shareholders) is referred to as a sole proprietorship (Einzelunternehmen).
 
 If foreign business owners choose to establish a subsidiary in form of a limited company in Austria it is important to mention that the establishment is legally independent from the parent company meaning that the foreign parent company does not bear direct and unlimited liability for the subsidiary’s obligations. The corporate forms typically chosen for such subsidiaries are the limited liability company (GmbH) and the joint-stock company (AG). Additionally, there is the European Company (SE), which is seldom used.
 
 Please see full Chapter below for more information.

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in Austria

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRIAN LAW - 1. Introductory Remarks on Austria’s legal system - Austria has a civil law system, as opposed to the common law system of, e.g., the United States or the United Kingdom. Practically all law is codified in statutes. The most important statute in the field of civil law is the Austrian General Civil Code and in the field of commercial law it is the Austrian Code of Commerce. Austria is part of the EU. Currently there are still 28 member states of the EU. They have 28 distinct and often very different insolvency laws, i.e. the core of the insolvency law is still different from country to country. Please see full Chapter below for more information.

  • Austria: OK to Collect Workers’ Contact Info During Pandemic To Facilitate Efficient Communication

    C The Austrian Data Protection Authority weighs in on Coronavirus and GDPR:
 
 •Employers may collect the personal contact information of employees for the purpose of efficient communication during the pandemic. This information may not be used for any other purpose and must be deleted after the pandemic is over...

  • Assessing the Potential of Austria’s New Government Coalition

    After Austria’s government collapsed in May 2019, Austrian chancellor and leader of the conservative party ÖVP Sebastian Kurz was voted back into office in a snap election only 4 months later. Having previously formed a coalition with the country’s far-right wing party FPÖ, Kurz is now teaming up with the green party to form a new government. With awareness of the effects of climate change rising in Europe, the Austrian Greens were able to increase their votership almost fourfold in the 2019 snap election, allowing them to re-enter the Austrian parliament after their defeat during the 2017 legislative election....

  • Establishing A Business Entity In Austria (Updated)

    1. Introduction -
 
 In principle any national citizen or foreign national is allowed to establish a business in Austria. A company is defined as a partnership of at least two persons (exceptions for limited liability companies and joint-stock companies), founded by a legal transaction, who want to achieve a certain purpose through organized cooperation. While one person is sufficient to establish a limited company (Kapitalgesellschaft), at least two persons are necessary to form a partnership entity (Personengesellschaft). A business operated by a single natural person with full personal liability (i.e. without any further partners or shareholders) is referred to as a sole proprietorship (Einzelunternehmen)....
 
 Please see full Chapter below for more information.

  • GDPR Guide to National Implementation: Austria - A practical guide to national GDPR compliance requirements across the EEA

    Q1/ Applicable legislation -
 
 (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation?
 
 Old legislation has been updated.
 
 ———
 
 (b) Relevant legislation includes:
 
 Data Protection Act, Federal Law Gazette I Nr. 165/1999 (the "Data Protection Act"); amended to reflect GDPR requirements by two Data Protection Amendment Acts in 2018

  • Austrian Academy of Sciences Publishes NanoTrust Dossier on Nano Registries

    The Institute of Technology Assessment of the Austrian Academy of Sciences has published a NanoTrust Dossier entitled “Nano-registries: Country-specific Solutions for Nano-regulation.” While the European Union (EU) has declined to create an EU-wide nano-registry, several EU Member States have adopted their own nano-registries.

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in Austria

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRIAN LAW -
 
 1. Introductory Remarks on Austria’s legal system -
 
 Austria has a civil law system, as opposed to the common law system of, e.g., the United States or the United Kingdom. Practically all law is codified in statutes. The most important statute in the field of civil law is the Austrian General Civil Code and in the field of commercial law it is the Austrian Code of Commerce...
 
 Please see full Chapter below for more information.

  • Sexual Harassment In The Workplace: What Austrian Companies Need To Know

    What constitutes sexual harassment?
 
 Sexual harassment is a behavior towards another human being where the abuser harms the dignity of the victim and creates an intimidating, hostile or humiliating working environment. The victim feels shock, horror, fear, revulsion, indignation, anger or shame. Sexual harassment can appear in all forms of verbal abuse, as well as physical actions. Whereas physical actions are always forbidden, verbal or also nonverbal abuses are not punished if they don’t happen at the workplace. Ordering someone to harass someone is a form of sexual harassment as well as discriminating someone because of their sexual orientation or sex in general...
 
 Please see full Chapter below for more information.

Featured documents

  • Facebook Class Action Lawsuit in Austria

    A class action against Facebook has been filed in Vienna by privacy campaigner and Austrian law graduate Max Schrems, along with 25,000 other users of the social network site. The lawsuit alleges breaches of EU privacy law and mass surveillance....

  • The Meritas Guide to Employment Law On A Business Sale in Europe, Middle East and Africa - April 2015: Austria (Updated)

    1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD?

 

 In Austria, all labour law questions concerning the transfer of business are ruled by the Arbeitsvertragsrecht- Anpassungsgesetz (AVRAG), EU Regulations 77/187/EWG and RL 98/50/EG and the...

  • Another Bombshell in Munich—Bavarian Government Sold Looted Art to Nazi Families

    Works returned by Monuments Men to Bavaria for restitution to victims instead sold to Nazis’ families -
 
 
 
 Journalists Catrin Lorch Jörg Häntzschel published this weekend an explosive revelation in Sueddeutsche Zeitung entitled “the Munich Looted Art Bazaar,” supported by the...

  • Uptick in Australian Data Breach Notifications

    Following in the footsteps of numerous countries, including the United States, and the European Union, Australia enacted a mandatory data breach notification law earlier this year. The Notifiable Data Breach (NDB) Scheme under Australia’s Privacy Act of 1988 went into effect on February 22, 2018....

  • FinTech solutions in Green Finance

    In order to deliver on the UN Sustainable Development Goals and the Paris Agreement on Climate Change, it is estimated that around USD 5-7 trillion of sustainable investment is required on an annual basis. The FinTech industry, with its technological agility and emphasis on innovation, has the...

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in Austria

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRIAN LAW -
 
 1. Introductory Remarks on Austria’s legal system -
 
 Austria has a civil law system, as opposed to the common law system of, e.g., the United States or the United Kingdom. Practically all...

  • Assessing the Potential of Austria’s New Government Coalition

    After Austria’s government collapsed in May 2019, Austrian chancellor and leader of the conservative party ÖVP Sebastian Kurz was voted back into office in a snap election only 4 months later. Having previously formed a coalition with the country’s far-right wing party FPÖ, Kurz is now teaming up...

  • Does a Right to a Physical Hearing Exist in International Arbitration? - Austria Report

    The Austrian Code of Civil Procedure (“ZPO”) contains a special part dedicated to arbitral proceedings (Sections 577 to 618 ZPO). This forms the Austrian lex arbitri. 
 
 Section 598 ZPO provides that each party in arbitration has a right to an “oral hearing”: 
 
 “Oral Hearings and ...

  • Austria and Luxembourg Will Challenge Hinkley Point C State Aid

    Following an 11-month investigation into UK support for the Hinkley Point C nuclear project, the Commission approved a modified UK support package on 8 October 2014.
 
 
 
 Austria announced yesterday that it will launch its appeal on Monday 29 June challenging the Commission’s...

  • An Austrian Class Action Lawsuit Filed Against Facebook

    Through its Irish subsidiary, Facebook is the target of a major EU class action lawsuit filed in Austria by Maximillian Schrems, the law student who brought forward the CJEU case C-362/14 that invalidated the EU – US Safe Harbor decision, commented on our previous blog post. Since the filing of the ...