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- Gregor Grubhofer
In construction contracts, both an advance payment guarantee and a performance bond in the form of a bank guarantee are often agreed, which the contractor must provide. This distinction is particularly important if the employer makes unlawful use of the bank guarantee. A performance bond ensures that the work is
- Gregor Grubhofer
Under certain circumstances, a contracting party may be released from its obligation to perform if the performance of the service has become unaffordable and unreasonable in an unforeseeable manner. Generally, fixed-term contractual relationships may be terminated with immediate effect for good cause, such as impossibility of performance, before the expiry
- Gregor Grubhofer
In a much anticipated judgement in Slovak Republic v. Achmea B.V. (C-284/16), the Court of Justice of the European Union (‘CJEU’) ruled that the arbitration clause contained in the Netherlands-Slovakia BIT (the ‘BIT’) has an adverse effect on the autonomy of EU law. In the following, the CJEU extended the
- Gregor Grubhofer
Following a judgement of the European Court of Justice (C-209/12), the Austrian Supreme Court (“OGH”) decided in 2015 (7 Ob 107/15h) that an insured can cancel a life insurance contract at any time and for an indefinite period, if the insurer did not inform the insured about his statutory right
- Gregor Grubhofer
If the parties have not made an express choice of law, a contract for the sale of goods shall be governed by the law of the country where the seller has his habitual residence pursuant to Article 4 1. (a) of the EU Regulation No 593/2008 on the law applicable
- Gregor Grubhofer
Yes. Several legal provisions provide for a person’s obligation to provide accounting information. For example, if someone has been commissioned to carry out a transaction for another person, that person is obliged under section 1012 of the General Civil Code (ABGB) to render an account to his principal upon request.