Violation of the right to be heard in provisional proceedings

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In his recent ILO post, Jakob Widner discusses a landmark decision by the Austrian Supreme Court on due process in proceedings for a preliminary injunction: the constitutional right to be heard under Article 6 ECHR also applies in provisional proceedings. A violation of that right by the trial court, however, is not a ground for nullity but a mere procedural defect.

Read the article here or in the International Law Office’s Litigation Newsletter!

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Jakob Widner
LL.M. (NYU) | Mag.iur. (University of Vienna) | Partner
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