JD Supra Austria

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

Publisher

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

  • Consultation paper on the Banking Executive Accountability Regime

    Further to our alert in May 2017, the Government has now released a Consultation Paper on the Banking Executive Accountability Regime (the Regime). We have summarised the key details of the Regime below......

  • 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 ...

  • ECJ judgment in Austria Asphalt smooths over a crack in EU merger control

    The creation of a joint venture from a company which was previously solely controlled by one parent is only subject to EU merger control where it is a "full function" joint venture. So ruled the European Court of Justice (ECJ) on 7 September 2017 in Austria Asphalt v Bundeskartellanwalt (C...

  • 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,...

  • 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....

  • 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 ...

  • Austrian Academy of Sciences Publishes English Version of Dossier on Nanotechnological Applications for Food Contact Materials

    In July 2018, the Institute of Technology Assessment of the Austrian Academy of Sciences published an English version of Dossier No. 49, “Nanotechnological Applications for Food Contact Materials.” The Dossier concludes that nanomaterials can significantly improve the properties of plastic...

  • Meritas Guide: To Defective Products Litigation in EMEA - Austria

    1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both?
 
 Defective product claims may be brought on a contractual basis, in case of negligence and/or under the Consumer Protection Act (“the Act”).
 
...

  • Austrian Data Protection Authority Finds No Claim for Specific Security Measures Under GDPR Article 32

    From time to time, data controllers are confronted with the question of whether data subjects can raise claims for specific security measures against the controller under Article 32 of the EU General Data Protection Regulation (GDPR). These measures can be costly and cumbersome for the controller....

  • 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....

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