MERITAS - Law Firms Worldwide (JD Supra 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”). The Act gives a right to claim compensation against the producer of a defective product if it has caused damage,...

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...