The lecture discusses selected decisions of the Austrian Supreme Court (OGH) from the past eighteen months. It covers a broad range of areas, including insolvency law, the UN Convention on Contracts for the International Sale of Goods (CISG), unfair competition law, and corporate law.
In the area of insolvency law, the lecture will address the invalidity of consultancy agreements on grounds of public policy (17 Ob 3/25b), the “breaking open” of private foundations (17 Ob 13/25y), and the scope of assignments by way of security and pledges over future claims (17 Ob 24/25s).
In the field of unfair competition law, the decision “Zirbenholz III” will be presented, which deals, among other issues, with the liability of the parent company at the top of a corporate group.
The CISG is represented by decision 6 Ob 100/25m, which examines, among other matters, the relationship between non-conformity with the contract and avoidance on the grounds of mistake under national law.
In the area of corporate law, the lecture will discuss issues including the removal of managing directors (6 Ob 112/25a), challenges to shareholder resolutions (6 Ob 13/25t and 6 Ob 29/24v), unlawful repayment of capital contributions (6 Ob 233/24v), squeeze-outs (6 Ob 183/24s), the FlexCo (6 Ob 180/25a), and the liability of auditors appointed to examine contributions in kind (6 Ob 214/24z, 6 Ob 196/24b, and 6 Ob 23/25p).
Lecturer:
- Univ-Prof Mag Dr Georg Kodek, LL.M. (Northwestern)
More information and registration here.
