Mag. Elke Novak-Rabenseifner, Rechtsanwältin
Meinhard Novak, Rechtsanwalts GmbH
Karlsplatz 3/6
1010 Wien
T          +43 (0) 1 890 20 12 – 0
F          +43 (0) 1 890 20 12 – 11
E           office@novakra.at
W          www.novakra.at

DEFECTIVE INVESTMENT ADVICE – RECOGNITION OF INCIDENCE OF LOSS (OGH 29.04.2014, 2 OB 30/14X)

August 3rd, 2014

Attempts to appease by an investment adviser can postpone the recognition of the incidence of loss and therefore the beginning of the limitation period. Should the investor act against the advice of the investment adviser the limitation period does not get postponed. Furthermore the behaviour of the adviser has to be verified to see if he did restrain the investor from claiming his legal rights.