American Lawyer, Winter 2011, Focus Europe – Austria
Reflecting the tentative signs of recovery in the Austrian economy, the project finance market has begun too to show signs of growth.
Patent protection: pharmaceutical product versus dietary supplement
In a recent decision the Supreme Court evaluated the scope of patent protection of so-called 'Swiss-type claims' and infringements constituted by dietary supplements, thereby interpreting the European Patent Convention on…
Kurzarbeit: An Alternative to Lay-Offs
In response to the global economic downturn, Austria has in place a system wherein employers are permitted to reduce their employees' working hours while keeping the employment relationship intact. In…
Are Employers Obliged to Provide Works Council Members with Office Equipment?
In a recent decision the Supreme Court had to decide whether an employer was obliged to pay for office equipment needed by works council members to perform their representative roles…
Supreme Court Rules on Performance-Related Pay
A recent Supreme Court decision could have broad ramifications for employers that seek to raise individual employee performance by incentivizing their salary systems. Regardless of obtaining express consent from each…
Secondment: the tripartite relationship
The Act on Secondment is broad in scope and basically applies to any scenario in which employees are seconded to a third party. The law´s purpose is to provide rules…
Supreme Court Rules on Inadequate Publication of Collective Agreement
Under Austrian rules on collective bargaining, certain matters that affect the interests of staff are subject to regulation at plant level. Section 30 of the Labour Relations Act specifically requires…
Self-employed Eligible for Unemployment Benefits
Unemployment insurance is compulsory for all employees. Employers and employees must each contribute 3% to the social security provider. Since January 1 2009 self-employed indiviuals can opt into the system.…
Rules on Working Hours and Statutory Rest Periods Relaxed
Recent legislation has amended certain ingrained and inflexible rules on statutory working hours and conferred on staff representatives and employers legal powers to deviate mutually from the usual framework under…
Uphill Struggle
The private enforcement of antitrust law is a hot topic in the ongoing competition law discussions in Austria and Europe.
