All posts by: lawpoint Rechtsanwälte
Request for a preliminary ruling on cross-border healthcare
Supreme Court, 4 Ob 20/23d, Request for a preliminary ruling from 25.1.2024 – Cross-border healthcare. A lawsuit brought by the Austrian Dental Association against a dentist in Austria leads to extensive questions in the context of a request for preliminary ruling by the Austrian Supreme Court to the ECJ: The Austrian Chamber of Dentists sought an interim injunction to prohibit the Austrian dentist from directly or indirectly participating in dental activities performed in Austria by foreign companies [...]
Legality of online sales of non-prescription medicines: status of a pharmacist required?
CJEU, judgment of 29.2.2024, C-606/21 - Legality of online sales of non-prescription medicinal products: status of a pharmacist required? The CJEU recently had to deal with the exciting question of the extent to which suppliers who do not have the status of pharmacist may still offer over-the-counter medicines for sale online. The Paris Court of Appeal suspended the main proceedings and referred questions to the Court for a preliminary ruling. [...]
Misleading "organic" claim for cosmetic products
LVwG Lower Austria from 13.11.2023, LVwG-S-1656/001-2023 - Misleading "organic" claim for cosmetic products. A cosmetic product was placed on the market in an eye-catching manner on the front of the cardboard packaging in the same field of vision as the product name with the indication "organic" with 2 leaves and a circular text in small letters "with valuable active ingredients from nature". The front of the product [...]
Association law and the Non-profit Reform Act 2023 - what do non-profit associations need to be aware of in future?
Non-profit Reform Act 2023. The Non-profit Reform Act 2023, which is scheduled to come into force on 01.01.2024, is intended to expand the group of associations eligible to deduct donations. In future, tax relief will generally be available to all associations that pursue a charitable purpose. The new legislative package includes, in particular, changes to the Income Tax Act, namely a so-called tax-free volunteer allowance for voluntary services that are not due to an employment relationship [...]
Permissible inspection of the employee's e-mail account in case of a justified interest
Decision of the Supreme Court from the 28th of June 2023, 6 ObA 1/22y: Permissible inspection of the employee's email account in case of a justified interest. The Supreme Court recently confirmed the decisions of the lower courts, according to which the inspection of employees' work email accounts is lawful if the balancing of interests between the interests and fundamental rights of the employee and the legitimate interests of the employer shows [...]
Buckwheat germ flour with a high spermidine content, a novel food?
CJEU from 25.05.2023, RS C-141/22 – Buckwheat germ flour with a high spermidine content, a novel food? The CJEU recently received a request for a preliminary ruling on the interpretation of Article 3(2)(a)(iv) and (vii) of Regulation (EU) 2015/2283. The referring court wanted to know whether a foodstuff such as buckwheat germ flour with a high spermidine content constitutes a "novel food" within the meaning of [...]
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