A Spelling Error in Vienna

Florian Haugeneder starred in the latest episode of Arbitration World with Declan Gallivan (K&L Gates) and shared his insights on topical Austrian cases: how a spelling error made its way to the Austrian Supreme Court. Listen now:

Corporate Disputes

In an M&A dispute, can you stop the target’s subsidiaries from taking measures that threaten to dissipate their assets, thus de-evaluating the parent company? This was a question that was very recently put before the Austrian Supreme Court (6 Ob 142/19d). The Facts The underlying dispute arose after a Brazilian investment company contracted to acquire 100%…

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…

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