Publications  


No determination of insolvency claims in criminal proceedings
ILO Newsletter, November 18, 2011

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 may join criminal proceedings as private parties in such cases only if the claims result from the prosecuted criminal action, arose after insolvency proceedings were opened and are not affected by the effects of the insolvency proceedings.
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Neue Einheitswerte könnten Schenkungen verteuern

Dr. Armenak Utudjian in Der Standard vom 19.11.2011



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Klienteninformation - November 2011
Anknüpfung der Eintragungsgebühr des Grundbuchs an Einheitswerte ist verfassungswidrig

von Dr. Martin Foerster


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Conflicting interests: court rules on monopolist´s obligation to contract
ILO Newsletter, October 31, 2011

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 of its work have greater weight than the interests of practising a trade. The court´s decision is in accordance with the prevalent German doctrine on the subject concerning the monopolistic position and the obligation to contract.
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Cross-border transactions: real estate agent´s fee subject to foreign law
ILO Newsletter, October 14, 2011

The Supreme Court recently handed down a decision concerning a real estate agent´s fee in connection with a cross-border sale agreement under which an Italian estate agent had facilitated the sale of an Austrian hotel to an Italian investor. The court ruled that the agent´s contract had no close connection with Austria but was instead governed by Italian substantive law. The claim was therefore dismissed.
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