JD Supra (JD Supra Austria)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRIAN LAW - There are many considerations that a buyer/seller of real estates should make before buying or selling a property. The following article is intended to give a brief overview of the most important "Must-Knows" when selling or buying real estate in Austria. Please see full Chapter below for more information.

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 (K

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...

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...

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...

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...

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

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...

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 20

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.

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

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...

Forget me yes, part two. Austrian Data Protection Authority holds that a data controller can meet its obligations to satisfy a data subject’s erasure request under GDPR by anonymizing personal data.

1. Introduction - In Austria, any national citizen or foreign national is, in principle, allowed to establish a business. 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...

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 potential to mobilise both public and private financing to help scale up green investment to meet this...

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.

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”). The Act gives a right to claim compensation against the producer of a defective product if it has caused damage,...

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 materials, making nanocomposites “increasingly interesting for manufacturers, especially for food packaging.

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. The new scheme requires organizations subject to the law to notify individuals and the Office of the...

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 (Case C-248/16).

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...

Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe Harbor litigation, Mr. Schrems has maintained two further legal proceedings in the EU: (1) a challenge in the Irish courts to EU Standard Contractual Clauses, which permit...

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 work of the Commission for Looted Art in Europe (CLAE): the government of Bavaria sold artworks returned to it after...

This article is the third in a series which provides an overview of the basics of employment law in Austria and will focus on the legal requirements applicable to employee termination procedures. I. Termination of Employment Contracts - Employment contracts in Austria may be terminated under the following circumstances: The fixed-term of employment as set forth in the contract for employment has...

Maternity Leave Protection In accordance with the Maternity Protection Act of 1979 (“Maternity Protection Act”), pregnant women are prohibited from working during the last eight (8) weeks immediately prior to the presumed date of delivery and the eight (8) week period must be calculated based upon a medical certificate provided by the employee’s treating physician.

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 claim in August 2014, legal discussions have focused on procedural issues, not on the merits of the

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 Arbeitsverfassungsgesetz (ArbVG). The AVRAG serves to protect the employee when operations are transferred and notes that a...

Austria, located in the heart of Central Europe, with a population of approximately 8.4 million people, is considered by many to be the ideal place for international employers to do business. It is one of the wealthiest, most politically stable and business friendly countries in Europe with booming markets and transparent laws.

On 30 July 2015, the secretary general of the International Centre for Settlement of Investment Disputes (ICSID) registered a request to begin arbitration proceedings against the Republic of Austria. . The request was submitted by B.V. Belegging-Maatschappij Far East (Far East) and claims that the Austrian government breached its obligations under the Austria-Malta bilateral investment treaty (BIT

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 clearance decision before the General Court of the European Union. Luxembourg has stated that it will join Austria’s...