For decades it was settled case law that compensating (or promising to compensate) a new hire for contractual penalties owed by the employee to his or her former competitor employer…

In line with the EU Transfer of Undertakings Directive, share sales do not trigger the works council´s information or consultation rights. However, the provisions transposing the EU directive into Austrian…

If an insolvency petition is filed too late and creditors incur damage because of it, the responsible managing director may be held liable. However, in practice, companies are often actually…

In a recent decision the Supreme Court had to consider whether activities performed during an employee´s sick leave that would not typically be regarded as adequate conduct were acceptable. The…

Nunner-Krautgasser/Kapp/Clavora (Hrsg), Jahrbuch Insolvenz- und Sanierungsrecht (2014)

In order to facilitate the formation of LLCs, the Tax Amendment Act 2014 introduced a formation privilege in the Limited Liability Companies Act, which reduces shareholders´ risk capital from €35,000…

The Supreme Patent and TradeMark Board (SPTB) clarified the status of program logic-a category of invention under s 1(2) of the Utility Model Act-under Austrian law by ruling that it…

The Supreme Court has upheld a lower court decision which dismissed an employer's claim that an employee should be liable for surveillance costs incurred by his employer. The decision reminds…

The Supreme Court has once again ruled on a case dealing with the so-called 'picture right' - a provision in the Copyright Act on which numerous decisions are based. In…

With the sale and delivery of a large quantity of branded goods subject to a larger retail chain's retention of title clause, confusion often arises over which goods were delivered…