Publications  


Supreme Court decision curbs consumers´ rights
ILO Newsletter, 13. September 2013

The Supreme Court was recently asked to assess whether a buyer of a house could rightfully initiate warranty claims against the seller by reason of defective insulation when the parties had confirmed in the purchase agreement that the exterior walls of the house had been damaged by moisture. The Consumer Protection Act provides that a consumer can waive its warranty claims only with regard to known defects.
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Publications  


Supreme Court defines limits for challenge of arbitrator in set-aside proceedings
ILO Newsletter, 12. September 2013

The Supreme Court recently ruled for the first time on an issue that has been fiercely debated among legal scholars - namely, whether (and to what extent) grounds for challenging an arbitrator can also be raised in set-aside proceedings. The court ruled that where a challenge becomes known after the arbitration award was issued, only "blatant" grounds can be invoked in set-aside proceedings.
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Publications  


Gesellschaftsrechts-Änderungsgesetz 2013
Eine Übersicht von Mag. Andreas Edlinger (Stand 1.8.2013)

Hinter dem Titel Gesellschaftsrechts-Änderungsgesetz 2013 (GesRÄG 2013) verbergen sich einige wichtige Neuerungen im GmbH-Recht.
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Publications  


Supreme Court finds hidden-defect clauses in lease agreements valid
ILO Newsletter 6. September 2013

The Supreme Court recently ruled that under the terms of a lease agreement between a tenant and its landlord, the landlord was obliged solely to hand over the property in the condition as at the conclusion of the contract. Any necessary repairs for both existing and subsequently occurring defects were shifted effectively and validly to the tenant. As this also comprised hidden defects, any repairs were the tenant´s responsibility.
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Publications  


Supreme Court considers works council consent as act of revenge

ILO Newsletter, 04. September 2013



The Supreme Court recently clarified that an employer is not obliged or authorised to examine the decision-making process of a works council regarding its consent to the termination of an employee, provided that the employer was unaware of any illegality concerning the internal decision-making process of the works council.
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