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Austria: Terrorism Trial

(Mar. 2, 2008) On March 3, 2008, the trial of two suspected terrorists began in the Regional Court of Vienna. The accused were spouses who were Austrian citizens of Arab ethnicity, and they were charged with aiding and abetting al Qaeda. The accused woman appeared in court dressed in a "burqa" that hid her face […]

Austria: Consumer Protection

(Feb. 2, 2008) On November 13, 2007, Austria enacted a major reform of its Act Against Unfair Competition (UWG-Novelle 2007, BUNDESGESETZBLATT no. 79/2007), which implements the European Union Directive 2005/29/EC of the European Parliament and of the Council Concerning Unfair Business-to-Consumer Commercial Practices (2005 OFFICIAL JOURNAL OF THE EUROPEAN UNION (L 149) [May 11, 2005]). […]

Austria: Damages for Pain and Suffering

(Jan. 2, 2008) In a decision of September 27, 2007 (Oberster Gerichtshof [Supreme Court], Sept. 27, 2007, docket no. 2 Ob 135/07b, at Bundeskanzleramt Rechtsinformationssystem [BKA/RIS]), the Austrian Supreme Court affirmed a trial court decision that had awarded ¿35,000 (about US$51,550) for the mental anguish suffered by the 14-year-old survivor of the tortuous death of […]

Austria: Proving Foreign Law

(Nov. 2, 2007) In a recent decision, the Austrian Administrative Courts reiterated that the parties in administrative proceedings may have an obligation to prove foreign law, if finding the foreign law would be burdensome for the deciding Austrian agency. The latest of these decisions was issued by the Austrian Administrative Court on May 23, 2007 […]