31.12.2022 | Pursuant to Section 108 of the Austrian Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG), the application for the regulation of personal contacts is to be rejected without further examination of its content and the continuation of enforcement is to be refrained... (...)
30.11.2022 | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the issue of waiver of right of way when stopping at an intersection and clarified alleged ambiguities in previous case law. According to Section 19 (8) StVO (Straßenverkehrsordnung, Road... (...)
30.10.2022 | What had happened? The testator, who died in 2018, left several testamentary dispositions. In a handwritten will from 1978 in conjunction with a supplement from 2001, he declared his wife (who died in 2010) to be his sole heir. In the event of the wife’s predecease, he... (...)
29.09.2022 | What happened? Due to her disapproving attitude towards COVID-19 measures at schools, the mother with joint custody, in whose household the child also lives, enrolls the common child in home schooling, but without offering an adequate substitute for school attendance. The... (...)
24.08.2022 | What had happened? During maintenance work on the cooling shelves in a supermarket branch of the defendant, the mechanic commissioned to carry out the work left a piece of sheet metal that was about one meter long lying on the tiled floor in front of the shelf. The plaintiff,... (...)
07.07.2022 | Section 126 of the Austrian Criminal Code (Strafgesetzbuch, StGB) regulates serious damage to property. This is the case, among other things, if the property damaged is an essental part of the critical infrastructure (Section 126 (1) subparagraph 5 of the Austrian Criminal... (...)
25.05.2022 | What had happened? The plaintiff is the son of the deceased, the defendant his brother. The deceased had appointed the defendant as sole heir by will and reduced the plaintiff’s compulsory portion to half. After the plaintiff’s marriage in 2005, the contact, which... (...)
15.04.2022 | What had happened? In order to watch surfers on the river, the supervising mother (the second defendant) stopped with her four-and-a-half-year-old child (the first defendant), his older brother and his cousin on a little-traveled bridge without a sidewalk. The child is... (...)
26.01.2022 | The question of whether detective costs are to be reimbursed in the context of divorce proceedings – and if so, by whom – regularly occupies the courts. Recently, the Austrian Supreme Court (Oberster Gerichtshof) had to deal with the following facts: On June 14,... (...)
08.12.2021 | Recently, the Austrian Supreme Court (Oberster Gerichtshof) ruled that a fleeing criminal must pay damages to a police officer who was injured while pursuing the criminal. What happened? In the course of a police stop during the Covid19 pandemic "curfew," police... (...)
31.10.2021 | At the time of the decision, the father of a minor child was serving a five-year prison sentence for, among other things, violent acts against his child and the child’s mother as well as other women. The child also had to witness the father’s violence against the... (...)
29.09.2021 | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with questions of a child’s ability to support itself. The father of a minor child applied to be released from the obligation to pay monthly maintenance on the grounds that his child was... (...)
26.08.2021 | What happened? A man was a guest in a pub and obviously drank one or the other alcoholic beverage. On leaving the pub, he fell while descending a flight of stairs. The stairs were visibly blocked off at the top with a gate and were not safe to use for several reasons. The... (...)
20.07.2021 | Facts The plaintiff was in a fixed-term employment relationship with the defendant from 01.05.2019 until 30.04.2020. She was released by the defendant on 04.12.2019 for the remaining period of employment. The plaintiff rejected an agreement offered to her by the defendant... (...)
08.06.2021 | In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, OGH) once again dealt with questions of tort law. What happened? A motorcyclist collided with a passenger car and sustained serious injuries. Due to these injuries, the motorcyclist was unable to help his... (...)
