German Federal Court of Justice rows back on insolvency avoidance
Berlin, 2024-02-05
Neues BGH-Urteil zur Vorsatzanfechtung § 133 Abs. 1 InsO
Read more: German Federal Court of Justice rows back on insolvency avoidance
EARN News
EARN-Meeting in Vienna
Vienna, 2022-10-31
After a 2-year break due to Corona, the annual meeting of the EARN network took place live again last weekend. The Austrian partner law firm hba Held Berdnik Astner & Partner Rechtsanwälte GmbH welcomed numerous network members to its centrally located Vienna office with a view of the imposing Votiv Church.
Restricted enforcement protection against European Enforcement Order
Berlin, 2022-10-10
As early as 2004, Directive (EC) No 805/2004 of the European Parliament and of the Council of 21st April 2004 creating a European Enforcement Order for uncontested claims (EuVTVO) introduced the possibility of simplified enforcement from the titles of courts of another EU Member State if the underlying claims are not disputed.
Read more: Restricted enforcement protection against European Enforcement Order
Signing electronically in the Netherlands
Amsterdam / Enschede, 2022-06-27
Electronic signatures are playing an increasingly important role in signing contracts and other documents. The European Directive has also been implemented in the Netherlands. This article explains the role it plays and the recommendations surrounding electronic signatures in the Netherlands.
The provisions relating to the actuarial deposit are not applicable to British plaintiffs
Vienna, 2022-06-09
The United Kingdom's withdrawal from the European Union has raised numerous uncertainties regarding bilateral law enforcement. For example, the Austrian Supreme Court recently had to deal with the issue of the actuarial deposit. The purpose of the actuarial deposit (§ 57 of the Austrian Code of Civil Procedure (öZPO)) is to protect a domestic defendant from not being able to recover legal costs from a foreign plaintiff who has unsuccessfully filed a claim against the defendant; as a security for legal costs, the actuarial deposit is thus intended to protect against abusive or costly legal action by foreign plaintiffs.
Read more: The provisions relating to the actuarial deposit are not applicable to British plaintiffs
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