Several recent court decisions deal with shareholder and group loans in times of crisis. Even though shareholders are free to decide whether and when to finance the company, the risk of failure of a restructuring must not be passed on to the company’s other creditors in the event of financial difficulties. Therefore, s. 14 of…

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For the first time in Austria, a court has now confirmed the payment obligation of an insurer under a business interruption insurance policy (BII)

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On 15 July 2020, the Austrian Parliament decided to set up a Regulatory Sandbox, which will enter into force on 1 September 2020. The Sandbox is a supervisory concept designed to enable the testing of innovative business models in line with regulatory requirements. The goals are to promote innovation, strengthen Austria as a business location,…

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In the case Data Protection Commissioner (Ireland) v. Schrems, Facebook Ireland (Case C-311/18; “Schrems II”) the ECJ ruled on 16 July 2020 that the EU-US Privacy Shield is invalid with immediate effect and EU standard contract clauses (SCCs) are valid, but it must also be assessed on a case-by-case basis whether adequate and enforceable rights and…

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In its decision (Ro 2019/04/0229) of 12 May 2020, the Administrative High Court (Verwaltungsgerichtshof, VwGH) clarified that for a fine against a legal entity based on a violation of the GDPR, the names of those natural persons whose violation is attributed to the legal entity must be mentioned both in the prosecution and in the verdict.

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Dr. Martin Geiger has written the Austrian chapter of the international guide “Getting The Deal Through: Aviation Finance and Leasing” for the third time in a row.

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Irena Gogl-Hassanin, attorney at law at Benn-Ibler and member of our aviation team, answered some of the most frequently asked questions in the field of aviation law in Austria for ICLG.

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