Graf & Pitkowitz Rechtsanwälte GmbH updates

Marketability is key: if a work can be separated it is not a joint work
Graf & Pitkowitz Rechtsanwälte GmbH
  • Intellectual Property
  • Austria
  • January 08 2018

In a welcome development of Austrian copyright law, the Supreme Court recently ruled that a combination of works by two artists does not constitute a joint work if it can be separated, even if the works involved were created for the sole purpose of being combined as a jointly planned contribution. Strong indicators of whether parts of a work are separable are the individual marketability and possible depreciation of the separated parts.

Supreme Court approves detour for setting aside proceedings
Graf & Pitkowitz Rechtsanwälte GmbH
  • Arbitration & ADR
  • Austria
  • December 21 2017

The Supreme Court recently considered whether proceedings (wrongly) commenced before an Austrian district court to set aside an arbitral award could nevertheless be continued. Notwithstanding the Supreme Court's exclusive jurisdiction regarding the setting aside of arbitral awards, the unusual facts of the case at hand led to the creation of an additional channel of appeals not provided for in the law.

Limits set to client communication via e-banking
Graf & Pitkowitz Rechtsanwälte GmbH
  • Banking
  • Austria
  • December 15 2017

The Supreme Court recently rendered its first judgment on the admissibility of the use of electronic mailboxes, which are exclusively incorporated and only accessible via the e-banking system of a credit institution for serving client account notices and statements to consumers. This ruling will significantly affect Austrian banking practice.

New group insolvency law
Graf & Pitkowitz Rechtsanwälte GmbH
  • Insolvency & Restructuring
  • Austria
  • December 08 2017

The Insolvency Code was recently amended in response to the introduction of the EU Insolvency Regulation, creating – for the first time – specific rules for the insolvency of corporate groups in Austria. From a practical standpoint, this approach is welcome, as it may lead to faster and more efficient insolvency proceedings. It remains to be seen how the new rules will affect insolvency practice and whether coordination proceedings according to the EU regulation will be applied in practice.

Blue-collar and white-collar employees – sweetening the deal
Graf & Pitkowitz Rechtsanwälte GmbH
  • Employment & Benefits
  • Austria
  • December 06 2017

In its final session before the general election, Parliament passed a bill which serves as a first step in harmonising the different legal regimes covering blue-collar and white-collar employees. However, not everyone is happy with this half-hearted harmonisation project – most notably, employer organisations – as they believe that the extended notice period for blue-collar workers will cost employers dearly.

Parliament stomps on stamp duty for residential leases
Graf & Pitkowitz Rechtsanwälte GmbH
  • Real Estate
  • Austria
  • November 24 2017

In the run up to the recent snap elections, Parliament passed a bill exempting rent agreements for residential leases from stamp duty. The stamp duty on non-residential leases – in particular, commercial and retail leases – remains unchanged. However, these leases are being re-evaluated due to recent case law from the tax authorities.

Introduction of certification marks and other amendments to Trademark Law
Graf & Pitkowitz Rechtsanwälte GmbH
  • Intellectual Property
  • Austria
  • November 20 2017

Parliament recently transposed parts of EU Directive 2015/2436 into national law. Most important is the introduction of certification marks, which did not previously exist under Austrian law. Other provisions of the bill concern the division of trademark applications, the shortening of the validity period of a registration and the reduction of the registration fee.

Implementation of Fourth Anti-money Laundering Directive in Austria – what to expect
Graf & Pitkowitz Rechtsanwälte GmbH
  • Banking
  • Austria
  • October 27 2017

Following the Fourth Anti-money Laundering (AML) Directive coming into force, Austria transposed the directive into law through two major legislative acts. This update provides an overview of the effects and obligations arising from the implementation of the Fourth AML Directive – in particular, the due diligence that banks will have to undertake on prospective clients.

Up in smoke: new law favours non-smokers in pub over workplace
Graf & Pitkowitz Rechtsanwälte GmbH
  • Employment & Benefits
  • Austria
  • October 04 2017

As of May 1 2018 smoking in restaurants and bars will be prohibited. The restrictions on smoking in the workplace will also be tightened as of this date. However, the new provisions still afford some leeway to employers in that they can organise smoking breakrooms. As a consequence, the workplace may be more smoker friendly than pubs – who would have imagined that.

Protective measures in insolvency proceedings
Graf & Pitkowitz Rechtsanwälte GmbH
  • Insolvency & Restructuring
  • Austria
  • September 08 2017

In some cases of insolvency, it may be necessary to take special measures which affect the debtor or third parties in order to prevent the insolvent assets from diminishing. These cases are governed by Section 78 of the Insolvency Code, which offers the possibility of ordering individual protective measures with regard to the debtor and third parties. In particular, recent case law has extended the scope of application of these protective measures.

Another brick in the wall: Constitutional Court reviews statutory rent regulations
Graf & Pitkowitz Rechtsanwälte GmbH
  • Real Estate
  • Austria
  • August 18 2017

In 2015 Austria introduced an act which allows individuals, under certain conditions, to challenge laws before the Constitutional Court as unconstitutional. This gave hope to many landlords, which saw this as a tool to challenge the existing rent control regulations. The Constitutional Court recently handed down two new decisions on the same matter with surprising results.

Vocational reintegration through novel part-time model
Graf & Pitkowitz Rechtsanwälte GmbH
  • Employment & Benefits
  • Austria
  • July 26 2017

New legislation recently came into effect that aims to ease the process of reintegration into the workplace for employees who have been on extended sick leave and who would benefit from a reduced workload in order to aid rehabilitation and reconnect with the workplace. Although it is a well-meant initiative to curb the increase in long-term sickness, the legal framework reveals some major flaws.

Age of technology – metadata is sufficient to retain author's right of attribution
Graf & Pitkowitz Rechtsanwälte GmbH
  • Intellectual Property
  • Austria
  • July 17 2017

The Supreme Court recently ruled that the producer of a photograph who marks his or her name in the photograph's metadata must be credited as the producer on copies of the photograph made by other persons and intended for distribution. This judgment is good news for producers of digital photographs who wish to safeguard their copyright. Persons reproducing and distributing digital photographs should routinely check the metadata to ensure that the producer's name is listed on any reproduction.

VIAC expands its jurisdiction
Graf & Pitkowitz Rechtsanwälte GmbH
  • Arbitration & ADR
  • Austria
  • June 29 2017

The Vienna International Arbitral Centre (VIAC) recently obtained the right to administer domestic cases. The new law has received a warm welcome in Austria and is another sign of the quality of the VIAC's work and the confidence in its services. The VIAC has already established a working group to implement the proposed changes into the Rules of Arbitration and Conciliation in order to reflect this positive development.

Supreme Court rules on negative interest rates
Graf & Pitkowitz Rechtsanwälte GmbH
  • Banking
  • Austria
  • June 23 2017

Following a period of legal uncertainty and controversy, the Supreme Court has provided answers to the question of whether, against the backdrop of negative reference interest rates, a bank can unilaterally floor an overall floating interest rate at 0.00001%. Although the Supreme Court's decision is disappointing, it held that a decision rendered on an individual basis may come to other conclusions. Thus, this decision is unlikely to be the final word on this issue.

No foul play in arbitral award regarding football licensing
Graf & Pitkowitz Rechtsanwälte GmbH
  • Arbitration & ADR
  • Austria
  • June 15 2017

The Supreme Court recently considered whether an arbitral award rendered in connection with licensing for the Austrian First Division Football League had to be set aside because of an alleged infringement of public policy. The decision is particularly interesting because the court had to tackle the sensitive issue of a possible infringement of substantive Austrian public policy in a situation where a party was forced to enter into an arbitration agreement with a dominant counterparty.

New Personal Bankruptcy Law – without minimum payment
Graf & Pitkowitz Rechtsanwälte GmbH
  • Insolvency & Restructuring
  • Austria
  • June 02 2017

One of the Bankruptcy Code's aims is to allow trustworthy debtors the right to be discharged from debts that remain unpaid after insolvency proceedings. However, in practice, low-income debtors cannot always avail of residual debt relief. As such, the government recently introduced an amendment to the personal bankruptcy process in its 2017/2018 Modern Insolvency Law Culture of Failure working programme.

2017 brings improvements for works councils and older employees
Graf & Pitkowitz Rechtsanwälte GmbH
  • Employment & Benefits
  • Austria
  • April 26 2017

Two recent amendments to the Labour Relations Act benefit the legal status of works councils and are geared towards increasing older employees' job prospects. In particular, the term of office for members of a works council has been extended from four to five years. Works council members' entitlement to educational leave has also been extended. Further, the special treatment of employees who start employment at age 50 or older has been abolished.

Potential obligation of majority shareholder to file for insolvency
Graf & Pitkowitz Rechtsanwälte GmbH
  • Insolvency & Restructuring
  • Austria
  • March 17 2017

Recent changes to the Insolvency Code have considerably expanded the obligations of shareholders in insolvency situations. For example, a new obligation has been introduced which requires majority shareholders in so-called 'companies without management' to file for insolvency. The language of these new provisions remains vague and provides significant flexibility in interpretation, which inevitably results in a number of legal uncertainties.

Debt recovery made faster, cheaper and more efficient? EAPOs and their implementation in Austria
Graf & Pitkowitz Rechtsanwälte GmbH
  • Banking
  • Austria
  • February 24 2017

New almost EU-wide rules recently entered into force to support businesses in the recovery of debt from debtors in other EU countries. The regulation established a new procedure for creditors by providing common rules regarding jurisdiction and the procedure and conditions for freezing funds held by debtors in bank accounts located in the European Union. Austria has amended its Enforcement Code in order to provide the necessary framework for the procedures set out in the EU regulation.

Current search

Refine search

Work area