The handling of isolation of suspected cases, positive SARS-CoV-2 tested persons and contacts in companies is handled differently in each case. This article is intended to provide an overview of when to isolate and on how to continue operations. A key element in the containment of the SARS-CoV-2 pandemic is the correct procedure for companies…

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For the second time in a row, Irena Gogl-Hassanin, partner at Benn-Ibler and member of our aviation team, answered the most important questions on Aviation Law in Austria for ICLG . The Austria chapter “Aviation Law 2021 – Austria” can be accessed on the editor’s website free of charge. The publication is divided into five…

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Does a tenant have to pay the rent if the business premises are affected by closures resulting from COVID-19? Two rulings by the Meidling District Court (BG Meidling) provide initial clues on the matter. Initial situation The 2nd COVID-19-Justice Accompanying Act (2. COVID-19-Justiz-Begleitgesetz, 2. COVID-19-JuBG) created regulations on tenancy law in the course of the…

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Firm News

Aviation Liability

Dr. Martin R. Geiger and Mag. Irena Gogl-Hassanin contributed the Austrian chapter of the 2021 “Aviation Liability” Guide of Lexology Getting The Deal Through. On 6 ½ pages, you will get a good overview of flight claim management.

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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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Whether receivables are to be acquired as collateral or otherwise, the question of the applicable law in the case of cross-border assignments or pledges is essential for enforceability. The ECJ clarifies that the Rome I Regulation does not designate the law relevant for third party-effects of assignments.

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Since 15 January 2018, the Economic Owners Register Act (Wirtschaftliches Eigentümer Registergesetz, WiEReG) has been in force. Under this act, beneficial owners of Austrian companies must be identified and entered in a register by means of a notification. However, that is not the end of the story. Changes must be notified within 4 weeks of becoming known. In addition, affected legal entities must also determine at least once a year whether the information in the register is still up to date.

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Establishing an Austrian branch office allows foreign companies to permanently operate in Austria without having to have a subsidiary or affiliated company. This shall provide an overview of the most important required documents and issues to consider.

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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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Information for policyholders which states, contrary to the legal situation at the time, that the cancellation of a contract by the policyholder is only possi-ble in writing, does not prevent the starting of the limitation period for the right of cancellation.

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In the present case, the Austrian Data Protection Authority answered in the affirmative the question whether automated license plate recognition for the purpose of billing the use of a parking garage is permissible. The operator of a larger shopping centre (the respondent) provides the use of a parking garage. A camera automatically recorded the registration…

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The Austrian Supreme Court (Oberste Gerichtshof; hereinafter OGH) recently clarified whether the expert opinion of a member of the supervisory board at the expense of a shareholder constitutes an important reason to justify the dismissal of the board member. Pursuant to § 30b (5) Austrian Limited Liability Company Act (Gesetzes über Gesellschaften mit beschränkter Haftung;…

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The Austrian Supreme Court (Oberste Gerichtshof; OGH) recently addressed the question of whether an insult of honour pursuant to § 1330 Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch; ABGB) can be justified by the right of shareholders of a stock corporation (Aktiengesellschaft; AG) to information pursuant to § 118 (1) Austrian Stock Corporation Act (Aktiengesetz;…

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The Austrian Supreme Administrative Court (Verwaltungsgerichtshof; hereinafter VwGH) held that the sale of electricity via charging stations and the establishment of such an charging station required for this purpose are not covered by the exemption provision of § 1 (1) No. 20 Austrian Trade Regulation Act 1994 (Gewerbeordnung 1994; GewO 1994) and therefore fall within…

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The European Court of Justice (ECJ) has issued a significant ruling on cookie information obligations of website operators. It ruled that website users must actively check the box themselves. Pre-set consent to cookies is inadmissible. The consent must always be given actively and voluntarily by the website user. A note field is insufficient. Website providers…

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The chassis number disclosed in an OGH ruling does not constitute data accessible for anonymisation within the meaning of § 15 (4) Austrian Supreme Court Act (hereinafter: OGHG) or personal data relating to the applicant within the meaning of Article 4 No 1 General Data Protection Regulation (hereinafter: GDPR). The chassis number remains in the…

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The Supreme Court of Austria (OGH; Oberster Gerichtshof) dealt with the question, under which circumstances a minority shareholder of a limited liability company (GmbH; Gesellschaft mit beschränkter Haftung) did not recognize the moment of occurence of the insolvency in terms of Section 31 para. 1 lit. 2 Austrian Insolvency Act (IO; Insolvenzordnung) due to slight negligence.

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For the second time in a row, Irena Gogl-Hassanin, partner at Benn-Ibler and member of our aviation team, answered the most important questions on Aviation Law in Austria for ICLG . The Austria chapter “Aviation Law 2021 – Austria” can be accessed on the editor’s website free of charge. The publication is divided into five…

» » Read More » »

Firm News

Aviation Liability

Dr. Martin R. Geiger and Mag. Irena Gogl-Hassanin contributed the Austrian chapter of the 2021 “Aviation Liability” Guide of Lexology Getting The Deal Through. On 6 ½ pages, you will get a good overview of flight claim management.

» » Read More » »

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.

» » Read More » »

In times of crisis, banks rank among the critical infrastructure and must be able to maintain their operations to the greatest extent possible. On a national level, they are exempt from the prescribed prohibitions of entry (§ 2 No. 13 Regulation concerning provisional measures to prevent the spread of COVID-19; VO betreffend vorläufige Maßnahmen zur…

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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.

» » Read More » »

What applies to judicial time limits of the ordinary courts? There is an interruption of time limits in legal proceedings before the ordinary courts (district courts, regional courts, Supreme Court). All procedural time limits whose event triggering the time limit falls within the period after the 2nd COVID-19 Act has entered into force, as well…

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A bundle of measures should help companies through liquidity constraints during the Corona crisis. A crisis management fund and a hardship fund were set up for this purpose. In addition, there is support from the Austrian Wind-Down Management Company (Abbaumanagementgesellschaft, ABBAG) as well as relief in tax law and in insolvency and execution law.

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Three further legislative packages, the 3rd, 4th and 5th COVID-19 Acts were adopted on 2 April 2020,. Among other things, they bring some relevant changes to real estate law.

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Agreement: Home office must be agreed upon, if not already provided for in the employment contract. In times of the COVID-19 crisis, it is to be assumed that employees are forced to give their consent due to their fiduciary duty (unless this would be unreasonable due to special circumstances), but this does not change the…

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Retroactive effect: Applications can be submitted retroactively to 1 March 2020.. Short-time work is possible for all employees, including directors (if employed) and apprentices (if supervision and quality of the training does not suffer (and the Vocational Training Act (BAG) is amended). Short-time work is also possible with flexitime and leased personnel. Duration: 3 months,…

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Reduction of manpower: Short-time work Reduction of time credits Reduction of holiday entitlements Reduction of working time (part-time) The new measures according to the COVID-19-Masures Act passed on 15 March 2020 do not allow for plant closures, but affect sales by prohibiting entry. If an employer closes the business voluntarily, wages and salaries must still be…

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Does the leaser still have to pay rent or lease if a business is closed by the authorities due to COVID-19 or if a ban on entering the premises has been imposed? On 15 March 2020, temporary bans on entering the customer area of many companies – currently in force until 22 March 2020 –…

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Measures of the Austrian Federal Government The Epidemics Act (Epidemiegesetz) (Federal Law Gazette No 186/1950 in its current version) provides the basis for the essential measures of the Austrian Federal Government in the context of the Corona Virus. With Regulation Federal Law Gazette II No. 74/2020, the Federal Ministry of Social Affairs, Health, Care and…

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