Pfandl/Bernasch in ZIK 2022/233 29.12.2022 "Notarial deed obligation for freehand sale in insolvency".

Section 237 (2) AktG requires a notarial deed for the transfer of assets to be effective. Following the decision of the Austrian Supreme Court (OGH) 6Ob38/18h, some scholars are of the opinion that this formal requirement should also be applied analogously to the GmbH. In this article in the Zeitschrift für Insolvenzrecht (Journal of Insolvency Law), the two authors analyze whether transfers of company assets such as, in particular, the "asset deal" in the insolvency of companies require a notarial deed?


Pfandl/Schmid, Insolvency Law - Guidline für Creditors, Contractual Partners and Consultants, Verlag LexisNexis 2020.

This work offers a practice-oriented overview of insolvency law after the IRÄG 2017, providing readers with answers to all their questions about the procedure from the opening of insolvency proceedings to the end (and beyond). However, the most important warning signals for contractual partners prior to the opening of insolvency proceedings and effective protective measures are also discussed.
The new guide is aimed in particular at creditors, lawyers and in-house counsel who are repeatedly affected by insolvencies of their business partners in their working environment.
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Kasper, Damage Law Consequences of Mobbing, Zak 2015/484 (together with Boninsegna).

The decision of the Austrian High Court 9 ObA 131/11x1 is virtually a prime example of mobbing among work colleagues. It also shows the topicality and explosive nature of the issue of "mobbing". After the employer, who had been taken to task by the employee concerned, had done nothing about the mobbing, the employee resigned from the employment relationship and successfully sued the employer for damages. The following article examines the basis for claims for damages due to mobbing. For the sake of readability, the wording is not gender-neutral. However, all references to persons refer equally to all genders.
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Kasper, Antidiscrimination, 2nd edition, Verlag LexisNexis 2014 (together with Heidinger).

The work describes existing anti-discrimination regulations in Austria, with practical examples as well as supreme court case law, thus always maintaining practical relevance. The European law section of the book deals with the development of anti-discrimination legislation at the European level. In particular, the case law of the ECJ is discussed and its basic legislation is analysed in detail. The second part of the book presents and comments on the current Austrian Equal Treatment Act.

Pfandl, Remuneration claims of employees for inventions in the Insolvency, ZIK 2013/300.

Increasingly, patents invented by company employees are among the assets of an insolvency estate. These service inventions are regulated separately in the Austrian Patent Act and the inventors' claims are specially protected. If such inventions are used or sold by the insolvency administrator after the opening of insolvency proceedings as part of the continuation of the company, the question arises as to whether this gives rise to claims on the part of the employee inventor and who is liable for them.
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Kasper, News on the law of equal treatment, AnwBl 2011, 310.

Kasper, The private law liability of the host provider in the case law of the OGH, JusIT 2009/1.

Pfandl, Verwertungserlös und Zahlungsplanquote, ZIK 2002/260.

In this decision, the Austrian High Court assumes that, from a certain stage of the proceedings, the inclusion of the distribution proceeds in the payment plan quota can only be asserted as a defect by a bankruptcy creditor. If this defect is not raised by any bankruptcy creditor, it can no longer be used as a reason for refusing to confirm the payment plan.
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