In 2009 the Austrian legislature abolished free legal aid for legal entities, and thus also for insolvency estates without assets, although free legal aid had previously been granted only under…

In two recent decisions the Supreme Court clarified employer liability for harassment perpetrated by employees. ILO Newsletter, March 14, 2012 Article 53 KB

Otto Wächter, Juris Publishing, 2011 General Editor: Dennis Campbell Article 1 MB

In a recent decision the Supreme Court clarified that the termination indemnity for commercial agents can be forfeited if an agent has terminated the agency contract for retirement reasons other…

The Supreme Court recently clarified its position on whether injured persons could also join criminal proceedings as private parties if the offender has filed for insolvency. It ruled that creditors…

In a recent decision the Supreme Court upheld the position of a collecting society claiming copyright infringement, ruling that the interests of an author to receive remuneration for the use…

Austrian law allows employers and employees to enter into non-compete agreements. The law distinguishes between restrictions of competing activities during employment and restrictive covenants pertaining to post-termination periods. Whether a…

Company pension commitments to employees should be secured in case of the employer´s insolvency. If (contrary to legal requirements) such pension securities are not held separately from the employer´s other…

In a recent decision the Austrian Supreme Court thoroughly examined the legal effects of a supplementary protection certificate for medicinal products and its interrelation with patent rights. The decision is…

The Supreme Court recently clarified the applicability of Article 12(c) of the Community Trademark Regulation in the context of comparative advertising, ruling that it should be interpreted narrowly and must…