Consumer can claim damages due to misleading advertising
Decision of the Supreme Court from 16.12.2021, 4 Ob 49/21s - Consumer can claim damages due to misleading advertising. In competition law, it is common for the injured competitor to be able to claim damages from the unfairly acting competitor. In its decision 4 Ob 53/98t, the Supreme Court affirmed for the first (and so far only) time that a consumer who has suffered financial loss as a result of an anti-competitive act [...]
Draft amendment of the Food Safety and Consumer Protection Act (LMSVG)
A draft amendment to the LMSVG is currently being discussed in parliament. Although the self-proclaimed purpose of the amendment is to bring it into line with EU regulations, there are also some changes that go beyond this. The expansion of the list of measures in Section 39 LMSVG is particularly noteworthy. If the authority identifies a violation of food law regulations, the measures specified in [...]
Novel Food: New entries into the Union list
Three new novel food entries have been made in the Union list: The dried fruits of Synsapalum dulcificum, Implementing Regulation (EU) 2017/2470 Frozen, dried and powdered Locusta migratoria, Implementing Regulation (EU) 2017/2470 3-Fucosyllactose (3-FL), Implementing Regulation (EU) 2017/2470 You can find the complete Union list here: List of all authorized novel foods (It is recommended to open the consolidated Union list, therefore [...]
Entry into service despite ordered isolation due to suspected corona case in accordance with Section 7 of the Epidemics Act
Decision of the Supreme Court from 14.9.2021, 8 ObA 54/21f – Entry into service despite ordered isolation due to suspected corona case in accordance with Section 7 of the Epidemics Act. The Austrian Supreme Court rejected the extraordinary appeal due to the lack of a significant legal issue and explained in detail why the decisions of the lower courts did not raise any concerns: An employee who was ill with coronavirus had to isolate herself due to a suspected case of coronavirus, but nevertheless went to work [...]