News

11 August 2026Contractual penalties and judicial reductionA contractual penalty can be validly agreed – but the court may reduce it if it is excessive. What that means for drafting.
5 August 2026Notifying construction defects: the first weeksWith construction defects it is usually not the legal question that decides the case, but the evidence. What to document immediately and which deadlines are running.
4 August 2026AI Act: what actually applies since 2 August 2026Since 2 August 2026 the AI Act transparency duties apply – chatbots and AI content must identify themselves. The high-risk obligations, by contrast, were postponed.
29 July 2026Given notice: the first two weeks decideAnyone wishing to challenge a dismissal has just two weeks from receipt. What to check in that time – and what employers should bear in mind.
22 July 2026Setting up an Austrian GmbH: what has applied since 2024Since 1 January 2024 the minimum share capital has been EUR 10,000, and the FlexCo was introduced. What that means for new and existing companies.
21 July 2026Regulated trades: providing the certificate of competenceWithout a certificate of competence, the only way is through a managing director under trade law – who must also actually work in the business.
15 July 2026Fixed-term tenancies: when the fixed term does not holdFixed terms in residential tenancy law are subject to strict requirements. If one is missing, the agreement counts as open-ended – with full protection against termination.
14 July 2026Greenwashing: new UWG rules from 27 September 2026Parliament has passed the EmpCo implementation: from 27 September 2026, generic environmental claims such as “climate-neutral” are inadmissible without recognised proof. Time for an advertising check.
8 July 2026Data breach: the 72-hour deadline runs from awarenessEncrypted servers, a lost laptop, an email to the wrong distribution list: what companies must do in the first three days.
7 July 2026Why the Patent Office does not check your trade markThe Patent Office examines only absolute grounds for refusal. Whether an earlier trade mark stands in the way is something you must find out yourself – ideally beforehand.
30 June 2026Supreme Court on disguised non-compete clausesThe Austrian Supreme Court judges a contractual client-contact ban by its content, not its name – subjecting it to the strict rules on non-compete clauses (9 ObA 6/26m).
23 June 2026Litigation funding: when it pays offA third party bears the costs and receives a share if the case succeeds. Worth considering for high amounts in dispute – if the conditions are right.
16 June 2026Appealing a Bescheid: deadline and suspensive effectFour weeks from service – and whether the appeal holds the decision up in the meantime often matters more than the appeal itself.
16 June 2026VerbRÄG 2026: new duties in online salesThe 2026 consumer law amendment integrates financial services into distance-selling law, requires notices on personalised pricing and adds durability information duties.
9 June 2026Search of business premises: the first few hoursWhat you may demand, what you must hand over, and why reviewing data carriers is a separate question.
9 June 2026Pay transparency: deadline passed, duties comingThe EU pay transparency directive was due for implementation by 7 June 2026; the Austrian act is still outstanding. Why employers should prepare now anyway.
2 June 2026When criminal proceedings end without an indictmentDiscontinuance or diversion: both end proceedings without a conviction – with different requirements and different consequences.
26 May 2026When EU-wide tendering is required: the threshold valuesThe EU threshold values are reset every two years. What matters is the estimate of the contract value – and the prohibition on calculating it down.
26 May 2026Spring owners keep their party status, VwGH holdsThose affected by a compulsory water-law right do not lose their party status by staying silent at the hearing – an important clarification by the Supreme Administrative Court (Ro 2025/07/0006).
19 May 2026Access requests in the business: the month runs from receiptOne month, extendable by two more in complex cases. Trade secrets justify redactions, but not a refusal.
19 May 2026Constitutional Court strikes one-year insurance deadlineThe Constitutional Court struck down § 12 Abs 3 VersVG as contrary to the equality principle: insurers can no longer shorten the limitation period to one year by a letter of refusal.
12 May 2026Index clauses: two Supreme Court rulings for landlordsIn 2026 the Austrian Supreme Court ruled twice on index clauses in tenancy agreements: on the severability of defective clauses and on the permissible index base. What that means for existing agreements.
5 May 2026Escrow handling in a property purchase: how it worksThe purchase price is held by the trustee until the transfer of ownership is secured. This protects both sides – provided the conditions are clearly defined.
28 April 2026Building permit, notification or exempt in SalzburgWhether a project requires a permit, requires notification, or is exempt depends on its type, size and use. Ahead of that always stands the zoning.
21 April 2026Amending the articles of association: what it takesAmendments generally require three-quarters of the votes cast, notarial form and registration in the companies register.
14 April 2026Compulsory portion: disclosure by private foundationsPersons entitled to a compulsory portion can demand comprehensive information from a private foundation co-founded by the deceased – on assets, beneficiaries and distributions (2 Ob 115/25p).
7 April 2026Excluding a shareholder: why the articles of association decideWithout a provision in the articles of association, the only option is an action for exclusion for good cause – a long road with high requirements.
31 March 2026Determining the parification value: when the shares no longer fitParification values determine voting weight and share of costs. After conversions or extensions they often no longer add up – in which case a court determination can help.
24 March 2026Owners' meeting: notice, resolution, power of attorneyAt least every two years, with timely and verifiable notice and an agenda – and what is counted is shares, not heads.
17 March 2026Reference-value rent: where the surcharges come fromThe reference value is only the starting point. What is disputed are the surcharges and deductions for location, fittings and condition.
10 March 2026The matrimonial home in the division of assets after divorceThe matrimonial home can be divided even where it belongs to only one spouse. The application must be made within one year of the divorce becoming final.
3 March 2026Non-compete clauses: the remuneration thresholdA non-compete clause only has effect above a statutory remuneration threshold that rises annually. Below it, the clause is simply invalid.
24 February 2026Notice periods: what the alignment means in practiceSince the alignment, the same notice periods apply to blue-collar workers as to salaried employees. The collective bargaining agreement can, however, still provide otherwise.
17 February 2026Severance pay: which scheme applies to youWhat decides is the start date. For employment relationships from 2003 the new severance pay scheme applies – for earlier ones the old system can continue to apply.
10 February 2026NIS-2 in Austria: the NISG 2026 has arrivedWith the NISG 2026, Austria implements the NIS-2 directive. Instead of around a hundred operators, thousands of companies in 18 sectors are now covered – with personal responsibility of management.
11 November 2025Adverse possession: 30 centimetres behind a garageThe Supreme Court has held that even a strip 30 centimetres wide behind a garage can be acquired by prescription – and that everything turns on the possessor's good faith.
21 February 2024Manufacturer's deceit is not attributed to the dealerThe long limitation period for deceit does not apply against the dealer: in selling a vehicle he does not make use of the manufacturer. The Supreme Court rejected the appeal against the dealer.
25 January 2024Emissions claims: a valid type approval is no defect in titleAs long as the EC type approval is in force, the mere fear that it may be withdrawn does not amount to a defect in title. The Supreme Court rejected the appeal against the dealer.