OBLIN Attorneys at Law updates

Supreme Court issues opinion on declaratory judgments
OBLIN Attorneys at Law
  • Litigation
  • Austria
  • 26 June 2012

The Supreme Court has recently had to deal with questions regarding declaratory judgments. In a recent decision, the court issued an interim judgment on the (negated) statute of limitations. Such interim judgment does not exclude the claim being later rejected due to a lack of evidence. The court also examined the requirements of legal interest in a declaratory judgment, in connection with conditional rights.

Supreme Court confirms suspension of proceedings for similar cases
OBLIN Attorneys at Law
  • Litigation
  • Austria
  • 01 November 2011

The Supreme Court recently confirmed that the universal successor of a party to proceedings is regarded as 'the same party'. Where proceedings involving the same cause of action and between the same parties are brought before the courts of different member states, any court other than the court first seized shall, of its own motion, stay its proceedings until such time as the jurisdiction of the court first seized is established.

Court rules on timeliness of submissions by fax or email
OBLIN Attorneys at Law
  • Litigation
  • Austria
  • 16 August 2011

The Supreme Court recently handed down two decisions dealing with the timeliness of submissions made by fax or email. The court ruled that the sender of a brief will always bear the risk if a fax or email does not arrive, even if the reason for late receipt lies with the court. Emergency submissions (eg, where a fax does not go through) should be filed by email in the assumption that there will be no server problems.

An examination of restitution claims
OBLIN Attorneys at Law
  • Litigation
  • Austria
  • 01 March 2011

Under the Civil Code, in order for a restitution claim due to failure of consideration to arise, the service recipient must be aware that the service was performed in expectation of later receipt of consideration. 'Consideration' includes the usual remuneration, as well as other ordinary and extraordinary benefits (eg, commission) which are based on the result of the work provided.

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