Knoetzl

The impact of the binding opinion of the Court of Justice of the European Union on trade policy

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On 16 May 2017, the Court of Justice of the European Union (“CJEU”) issued a binding opinion relating to the competence of the EU to independently sign and conclude the free trade agreement with the Republic of Singapore (“EU-Singapore FTA”). The opinion dealing with the EU-Singapore FTA is of outmost importance since this agreement is…

Enforcing Anti-Trust Damages In Austria

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Recent amendments to the Austrian Anti-Trust Act in May 2017 aim to enhance private enforcement. What has changed? In short: Improved access to confidential information for claimants / new disclosure rules Presumption that the cartel caused harm Passing-on defence effective / preferential treatment for claims from indirect purchasers, Longer limitation period. For more, please click…

Liability of Managing Directors of a GmbH Reduced by Contributory Negligence of Staff?

If employees make mistakes, to what extent is the managing director liable for the consequences? Under general principles of Austrian law, if the victim (here: the GmbH) of a culpable act also acted negligently, this will proportionally reduce the damages for which the tortfeasor (here: the managing director) can be held liable.  The fall-back rule…

White Collar Crime: Leniency for Voluntary Principal Witnesses

As of 1 January 2017, an interesting amendment of the Austrian Code of Criminal Procedure came into effect. The amendment effectively implements the EU Directive 2013/48/EU, regarding the right of access to a lawyer in criminal proceedings, widens the scope of application of so called “diversion” proceedings, and adds a number of other new regulations.…

Litigation: “Hindsight Bias Affecting Judicial Rulings in Civil Cases“ – featured in Juristische Blätter 139, 2 (2017)

KNOETZL lawyers, Bettina Knötzl, Judith Schacherreiter, and Professor Alexander Schopper in JBl 2017,2: “Der Rückschaufehler bei der richterlichen Urteilsfindung im Schadensprozess”.  (Hindsight Bias Affecting Judicial Rulings in Civil Cases). The human brain is not able to ignore facts that are part of its available knowledge. In liability litigation proceedings judges are required, by law, to…