Latest Posts
EIA Act Amendment: Proposed Changes
The Austrian Federal Ministry of Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management has submitted a draft amendment to the Austrian Environmental Impact Assessment Act (EIA Act) for public consultation. Simpl...
OGH: Indemnity Despite Changed Roof Structure
The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered whether replacement value indemnity is payable under a buildings insurance policy when the reinstated structure is constructed differently from the original. Canop...
Ousting Managing Director after Shareholder Dispute
In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered the circumstances in which a shareholder-managing director may be removed by court order for good cause. The case centred on a longstanding family dis...
No Cycle Path: Yielding at Junctions
The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to consider whether cyclists riding their bike along an unmarked path enjoy priority over a motor car turning into a road when crossing a junction. Collision at a junct...
CJEU: Jurisdiction in Cases Concerning Lost Air-Passenger Luggage
The Court of Justice of the European Union (CJEU) has addressed the question of which court is competent to determine claims in damages where an airline ticket has been purchased online. The reference for a preliminary ruling arose in the context of ...