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

Verbandsklage: (Un-)Zulässige AGB einer Bank (OGH 27.05.2015, 8Ob 58/14h)

October 12th, 2015

Sorry, this entry is only available in Deutsch.

Ablöse an Vormieter – Rückforderungsanspruch schließt Gewährleistung aus (OGH vom 11.08.2015, 4 Ob 117/15g)

October 12th, 2015

Sorry, this entry is only available in Deutsch.

NO ALTERATION OF CONTRACT DUE TO SILENCE DURING AN INFORMATION EVENT (OGH VOM 29.07.2015, 9 OB 23/15W)

October 12th, 2015

An information event held by the landlord is just a declaration of intentions, not an offer to contract changes. Missing contradictions from the tenants to the landlord’s suggestion can therefore not be seen as an implied commitment.

PRICE MARKING OBLIGATIONS FOR TOUR OPERATORS REGARDING COMMERCIALS FOR HOLIDAY PACKAGES (OGH VOM 11.08.2015, 4 OB 107/15M)

October 12th, 2015

A tour operator is not contrary to European Union law or national standards when he adverts in a brochure for holiday packages with prices beginning “at” regarding specific seasons, as long as he shows the seasonal price differences clearly.
However, if the tour operator suggests an allegedly exclusivity of prices and if he does not aim at a concrete addressed audience, he can be accused of misleading business practices.

UWG-Verfahren wegen Verstoß gegen das GSpG – eV (OGH vom 19.05.2015, 4 Ob 70/15w)

October 12th, 2015

Sorry, this entry is only available in Deutsch.

TWO-YEAR DEADLINE FOR ENDOWMENT ALLOWANCE – THEORY OF WEALTH VICTIMS (OGH 06.08.2015, 2 OB 125/15V)

October 12th, 2015

During the investigation of the legal shares, the endowment allowance is excluded, if the donee is not entitled for the legal shares and if there is a period of least two years between the endowment and the death of the testator.

EUGH: THREEDIMENSIONAL BRAND – EXISTING SIGN OF TRADEMARKS, REGISTRATION BARRIER (EUGH 16.09.2015, C-215/14, SOCIÉTÉ DES PRODUITS NESTLÉ)

October 12th, 2015

The EU established some registration barriers to work against the registration of technical manufacturing possibilities. The applicant of a trademark must be able to prove that the features he wants to register are only attributable to his way of manufacturing so that the origin of the product can be clearly identifiable.

THERE IS NO LIABILITY FOR AN INDEMNITY INSURANCE FOR THE CONSEQUENCES OF A “FARE DODGE” (OGH 08.06.2015, 2 OB 59/15P)

August 23rd, 2015

The definition of a “fare dodge” is the usage of a (public) vehicle without paying or having the allowance of the vehicle owner. The owner and the indemnity insurance are not liable for possible accidents or injuries. The damaged or injured person can therefore only claim a compensation against the driver.

LIFE INSURANCE: HOLDER‘S POLICY – INCLUSION IN LEGACY (OGH 23.04.2015, 1 OB 61/15Z)

July 21st, 2015

If the policy holder refrained from the claim from the insurance contract among the living, the insurance amount is included in the legacy. An endowment of the money is not suspected, anybody who claims an endowment must prove it. The policy with an endowment declaration is an adequate evidence.

DENTAL ASSISTANT- ADVERTISTING STATEMENTS IN A RADIO INTERVIEW? (OGH 24.03.2015, 4 OB 38/15I)

July 21st, 2015

Employed Non-doctors are only bound to the advertisement restrictions if there is a clear advertisement for specific doctors or doctor’s offices in their statements. Descriptions of a usual type of treatment that is not just offered by the own doctor’s office are not restricted – it is freedom of speech.