litigation news
Take a look at the latest news of our litigation experts:
newsletter
Austria: A "class action" through the back door?
The Austrian Supreme Court has addressed the collective redress in several decisions – in particular in 4 Ob 184/24y, 4 Ob 180/24k, 4 Ob 51/25s and 9 Ob 43/25a – including a claim for elimination under Section 15 of the Federal Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – UWG).
publication
to the point: Litigation-Update Österreich 2/2026
Willkommen zu unserem monatlichen Litigation-Update für Österreich.
Mit diesem Newsletter möchten wir Ihnen einen kompakten und aktuellen Überblick über relevante Rechtsprechung, Gesetzesänderungen und Entwicklungen im österreichischen Zivil- und Zivilprozessrecht bieten. Von höchstgerichtlichen Entscheidungen über Neuerungen bis hin zu praktischen Hinweisen für Ihr Unternehmen – wir halten Sie auf dem Laufenden.
publication
to the point: Litigation-Update Österreich 1/2026
Willkommen zu unserem monatlichen Litigation-Update für Österreich.
Mit diesem Newsletter möchten wir Ihnen einen kompakten und aktuellen Überblick über relevante Rechtsprechung, Gesetzesänderungen und Entwicklungen im österreichischen Zivil- und Zivilprozessrecht bieten. Von höchstgerichtlichen Entscheidungen über Neuerungen bis hin zu praktischen Hinweisen für Ihr Unternehmen – wir halten Sie auf dem Laufenden.
press release
Romania: Schoenherr successful in competition litigation for Allianz-Țiriac Asigurări
Schoenherr successfully assisted Allianz-Țiriac Asigurări in litigation seeking the annulment of a competition sanctioning decision of more than EUR 8.6m.
newsletter
Asymmetric jurisdiction clauses: lessons from ECJ Case C-537/23
Jurisdiction clauses serve as the primary tool for parties to exercise their autonomy in selecting the most appropriate forum for dispute resolution, while simultaneously ensuring compliance with the mandatory provisions of EU jurisdiction law, especially Regulation (EU) No 1215/2012 ("Brussels Recast") and the Lugano II Convention). However, asymmetric jurisdiction clauses, often used in finance and transactional agreements, have introduced new complexities into this well-established framework.
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CEE Legal Matters: Collective Civil Proceedings: Czech Court Delivers First Ruling in Mass Claim Case
newsletter
Austria: Are we all about to become anonymous? Does addressing someone as “Mr” or “Ms” violate data protection rights?
Addressing a customer as “Mr” or “Ms” constitutes a violation of personal rights.
newsletter
Mind the gap: United Kingdom ratifies Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters for England and Wales
The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters ("Hague 2019") is an international treaty aimed at facilitating the recognition and enforcement of court decisions in civil and commercial matters between contracting states.
newsletter
Austria: Yet another service fee? Austria’s Supreme Court confirms validity!
In the past, the Oberster Gerichtshof (OGH), Austria’s Supreme Court, has repeatedly dealt with the admissibility of contractual clauses on the charging of fees and their transparency according to current consumer law.
Its recent decision of 13 February 2025 (9 Ob 116/24k) addressed the permissibility of a service fee charged by a delivery service.
newsletter
German Federal Court of Justice on the assertion of claims for compensation against the management
The German Federal Court of Justice (II ZR 85/23) recently dealt with the question of when, in a two-member GmbH (a limited liability company with two shareholders), an individual shareholder can initiate legal proceedings against the company’s managing director without a prior resolution and whether they are also authorised to represent the company (in particular when appointing a legal representative). The decision is also of interest in Austria.
roadmap
New EU Directive shields against SLAPPs
The new EU Directive No. 2024/1069 introduces targeted safeguards against Strategic Lawsuits Against Public Participation ("SLAPP"). SLAPPs are lawsuits filed by financially powerful entities to intimidate and silence critics by overwhelming them with legal costs and subjecting them to lengthy or multiple legal proceedings.
roadmap
The Czech Class Actions Act: a potential game-changer for consumer claims enforcement against businesses
The Czech Class Actions Act – Act No. 179/2024 Coll., on Collective Civil Proceedings (the "Act") – implementing the EU Directive on representative actions, came into effect on 1 July 2024. This long-awaited legislation enables collective enforcement of consumer claims against businesses, a mechanism that has been largely limited in the Czech Republic until now. This poses risks, especially for businesses with large consumer bases in sectors such as financial services, insurance, energy, telecommunications and transport.
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Will disclosure obligations change the game for Austrian civil proceedings?
Directive (EU) 2020/1828 on representative actions was adopted in Austria on 18 July 2024. However, Austria has failed to implement key elements of the Directive. Article 18 of the Directive requires courts to have the power to order the disclosure of any evidence within the control of the defendant or a third party, with the aim of addressing information asymmetries. Yet, the new provisions of the Austrian Procedural Code (ZPO) do not include such disclosure obligations. How will claimants obtain potentially crucial evidence? And can they rely on any other existing disclosure obligations?
roadmap
Building trust in the courtroom: how dispute resolution attorneys can win beyond legal arguments
In the intricate dance of legal proceedings, establishing trust can often be as pivotal to a case's outcome as the arguments presented. For dispute resolution attorneys, especially in the modern world, the ability to cultivate trust with clients and judges is not merely an adjunct to their practice; it is central to effective advocacy and successful outcomes.
newsletter
Has arbitration become cheaper than litigation in Hungary?
As of 28 January 2025, a legislative change has drastically increased procedural fees for litigation in Hungary. In contrast, the procedural costs of arbitration have remained the same. This raises the question: which option is now cheaper?
newsletter
Austria: Supreme Court confirms: partial transfer of share permissible subject to shareholder approval, despite agreed indivisibility
The Austrian Supreme Court (6 Ob 224/23v) recently determined the requirements for a partial transfer of a share if the articles of association expressly stipulate that shares cannot be divided.
newsletter
Czech Class Actions Series – Part III
Czech Class Actions Act already effective: pitfalls associated with publicity
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Cash-Management im (Immobilien-)Konzern: Rechtliche Herausforderungen und Gestaltungsmöglichkeiten
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Czech Class Actions Series – Part II
Czech Class Actions Act already effective: who are the subjects of class actions in the Czech Republic?
newsletter
Czech Class Actions Series – Introduction
Class Actions Act in force: a game-changer in consumer claims enforcement against businesses in the Czech Republic?
newsletter
European Climate Justice: what does the recent ECHR judgement mean for private companies and potential civil liability?
Climate change litigation has been making waves, with companies and states facing legal challenges related to their environmental impact. Climate activists try to enforce their right to climate protection and a sustainable future through legal proceedings and are treading a fine line between environmental regulations, corporate responsibility, and inaction of their own states. Most companies are aware of these developments and do their best to balance business goals while enhancing sustainable practices.
press release
Romania: Schoenherr helps Electrica win EUR 46m administrative contentious litigation
Schoenherr Romania successfully assisted Societatea Energetica Electrica (Electrica) in winning a long-term administrative contentious litigation case, with a stake worth EUR 46m. Electrica filed this case seven years ago against the Romanian Court of Accounts, a state authority charged with conducting financial audits of the management of state and public resources, with a view to obtaining the annulment of an administrative decision by the authority claiming that Electrica had misused company funds.
newsletter
Erste OGH-Entscheidung zu neuen Klagen zur Kreditbearbeitungsgebühr: Intransparenz bei auch nur möglicher Überschneidung mit anderen Gebühren; Zulässigkeit offen
Seit 2016 beurteilte der OGH in ständiger Rechtsprechung die Vereinbarung einer Kreditbearbeitungsgebühr als zulässig, weil sie nicht der Inhaltskontrolle unterworfen sei und selbst wenn sie wäre: Kunden würden durch sie nicht gröblich benachteiligt.[1]
roadmap
Slovenia: consumer litigation update – caveat creditor
There have been significant developments in litigation relating to retail banking products in Slovenia this past year. On the one hand, legacy mass litigations relating to loans granted in or linked to the Swiss franc have taken a dramatic turn due to a slate of recent Supreme Court decisions. On the other hand, the first rounds of written pleadings have been exchanged in several ground-breaking collective action proceedings initiated against banks by consumer organisations in relation to EURIBOR-floor clauses in retail loan agreements.
roadmap
2024
CEE
CEE team
Litigation monitoring on the rise: representative actions for the protection of collective interests are here to stay
In 2020, the EU adopted the Directive on Representative Actions for the Protection of Collective Interests of Consumers (the "Directive") that seeks to ensure that an EU-wide "effective and efficient procedural mechanism for representative (i.e. collective) actions for injunctive measures and for redress measures is available to consumers […]". While class actions already have a long tradition in the United States, most European jurisdictions have until now vigorously rejected the adoption of "US-style" class action instruments.
roadmap
Lost in translation was yesterday: levelling up international litigation
In an increasingly interconnected world, English has gained prominence as the international language of commerce. Proceedings in English before Austrian courts would open the doors for international litigation and ensure effective communication and understanding among all parties involved. It is high time to strengthen Austria as an important seat for international litigation.
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Dispute resolution clauses in project finance transactions in the Western Balkans
Dispute resolution is a critical yet often overlooked aspect of international project finance. It is commonly considered a routine matter, briefly addressed in financing term sheets through the inclusion of a standard dispute resolution clause, whether it be arbitration or court proceedings. This cursory approach contrasts sharply with the complex realities of international projects. They involve a multitude of participants ranging from sponsors to lenders, contractors, off-takers and others, all from different jurisdictions, each engaged in several agreements.
roadmap
Expert opinions in litigation cases
Romanian procedural law sets forth that in cases where there is a need to clarify certain factual aspects, the court will appoint, upon the request of the parties or ex officio, one or three experts, if it deems it necessary to know the opinion of experts in the respective field.
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Patent litigation in Austria: how lawyers can help
Patents are exclusive rights relating to inventions. Patent registrations grant a time-limited monopoly to apply the patented technology. While they are a powerful weapon in maintaining and defending the competitive edge of technology-driven businesses, third-party patents may pose a threat to products and businesses. This calls for the involvement of specialised patent lawyers and patent attorneys.
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EuGH 25.01.2024, C-810/21 Caixabank ua | Schoenherr Financial Services Litigation News
EuGH 25.01.2024, C-810/21 Caixabank ua: Beginn einer zehnjährigen Verjährungsfrist für einen Anspruch auf Rückforderung geleisteter Zahlungen aufgrund missbräuchlicher Klauseln erst ab Kenntnis des Anspruchs.
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Austria: A band-aid for the Brexit aftermath in cross-border litigation
The UK has not been a member of the European Union and thus of the comprehensive European framework for cross-border civil litigation since 1 January 2021. Within the EU, the Brussels I Recast-Regulation (Regulation [EU] 1215/2012) not only provides a set of common rules on the jurisdiction of the courts but also ensures rapid and simple recognition and enforcement of judgments in civil and commercial matters issued in the Member States. Under the Brussels I Regulation, judgments are enforceable without any declaration of enforceability. A judgment rendered in France or Romania can be enforced in Austria without much trouble and vice versa.
press release
03 November 2023
M.Lang C.Herbst V.Weiss E.Hlina B.Schima M.Fasching C.Benes T.Waidmann A.Pabst N.Zafoschnig
Austria: Schoenherr advises Davis-Standard on acquisition of Extrusion Technology Group
Schoenherr advised Davis-Standard, LLC ("Davis-Standard"), a global leader in the extrusion equipment and services sector, alongside Kirkland & Ellis, on the acquisition of Extrusion Technology Group ("ETG") from Dutch investor Nimbus. The acquisition is subject to customary closing conditions.
newsletter
Easier way to switch from litigation to arbitration in Poland
While we were all enjoying the summer, new legislation amending the civil procedure came into force in Poland. Among many procedural details, one should not overlook a significant change – it is now easier to convert a dispute from litigation to arbitration.
publication
27 June 2023
K.Zmatlíková M.Voldánová P.Korál H.Hangler A.Prochazka J.Kupčík M.Svoboda N.Hrubá
CZ: Schoenherr Journal Edition 14
The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.
publication
The Complex Commercial Litigation Law Review - Edition 5: Chapter Austria
The article was first published on thelawreviews.co.uk
newsletter
Hungary: The jury is still out – is it lawful to incorporate taxes into flight tickets?
Hungary's parliament passed a package of anti-corruption laws on 3 October 2022 as part of the commitments made by the government to the European Commission ("EC").
event
Practical court and out-of-court ways to collect debts owed to your company
Breakfast with Schoenherr | 24 November 2022 | 9:00 – 11:30 am EET | Marmorosch Bucharest Hotel | 2 Doamnei Street, 1st District, Bucharest
newsletter
Why international law effectively protects investments in Russia
The truth is rarely pure and never simple. But in the case of Russia's military operation in Ukraine, it just might be.
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How to steer clear of employment litigation or have success in court
Sunset with Schoenherr | 23 March 2022 | 5:00 pm EET | Schoenherr Bucharest office
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Judgments issued ex machina? Are AI-made judicial decisions the future?
Digitalisation is invading all areas of our lives, including the judiciary. It is impossible to imagine everyday legal life without electronic legal transactions, the electronically managed land and company registers, the edict file or the possibility of submitting briefs to courts in electronic form.
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The Complex Commercial Litigation Law Review - Edition 4: Chapter Austria
The article was first published on thelawreviews.co.uk
newsletter
The overall reform of the Austrian enforcement law ("GREx"). An approaching milestone after decades – Part 2
Enforcement packages, the enforcement administrator and other new procedural aspects
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The overall reform of the Austrian enforcement law on the government agenda ("GREx").
An approaching milestone after decades – Part 1 Overview and jurisdiction
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The Complex Commercial Litigation Law Review - Edition 3: Chapter Austria
The article was first published on thelawreviews.co.uk
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Evaluate, Adapt, Litigate
Litigation in times of crisis
2020 turned out to be quite a challenge. Public life as we knew it until February 2020 ceased to exist for an extended period of time and we are still trying to adapt to the new situation. The coronavirus does not only keep schools, companies and the health sector on its toes, public life, including the courts, is also affected.
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DACH-Region im Abschwung | Prozesskostenfinanzierung für Unternehmen: Umgang mit Prozessrisiken und -kosten
Die Welt, und somit auch die DACH-Region (Deutschland, Österreich, Schweiz), bereitet sich auf wirtschaftlichen Gegenwind in den kommenden Jahren vor.
media coverage
Romanian courts expected to face a wave of litigation cases after the end of the state of emergency
more
blog
One step towards virtual dispute resolution: hearings via videoconference
Court hearings via videoconference were unimaginable in Austrian courts pre-COVID-19. Witnesses could testify via videoconference in Austrian court proceedings only under certain circumstances, but they still had to attend court – just not the court in which the proceedings were pending.
newsletter
Slovenia: COVID-19 and breach of contract - debtors beware of foreseeability element
The COVID-19 pandemic is causing disruption throughout the commercial sector. Stakeholders are forced to shift their focus to mitigating the impact on the supply chain, customer relations, workforce, leases and more broadly business in general.
blog
Court hearing via social network – has Europe missed its chance?
Digitalisation is on everyone's lips. Parts of the judiciary – at least in some European countries – are hesitant. Austria introduced an electronic legal communication system for most Austrian courts decades ago.
newsletter
Auswirkungen der COVID-19-Krise auf Verjährungsfristen
Das 2. COVID-19 Gesetz, das nach der Kundmachung im Bundesgesetzblatt (BGBl 16/I/2020) mit Beginn des 22.03.2020 in Kraft getreten ist, enthält auch ein Bundesgesetz betreffend Begleitmaßnahmen zu COVID-19 in der Justiz.
media coverage
Wenn Verträge wegen Corona unerfüllbar werden
This article was first published on DerStandard, 19.3.2020
Die Bekämpfung des Coronavirus bedingt massive Einschränkungen für uns alle. Auch in Vertragsbeziehungen können als Folge der Corona-Krise zahlreiche Probleme auftreten
publication
The Complex Commercial Litigation Law Review - Edition 2: Chapter Austria
The article was first published on thelawreviews.co.uk
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cee overview - dispute resolution
Pioneer work and deep insight into key dispute resolution trends
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Legal Finance in Practice
Legal finance – also called litigation funding – has firmly touched down in Central and Eastern Europe. Last year, we ran a chapter on what legal finance is. This year, we explain how legal finance works in practice. How we secure the best result for our clients. By working together.
press release
Poland/CEE: Schoenherr boosts dispute resolution practice with arbitration and litigation heavyweights
Schoenherr is expanding its CEE wide dispute resolution practice by adding a team of three arbitration and litigation lawyers to its Warsaw office.
press release
Romania: Schoenherr Bucharest wins two Client Choice Awards 2019
Schoenherr Bucharest received two Client Choice Awards from the International Law Office ("ILO") and Lexology. Georgiana Badescu (partner, Bucharest, competition) won the exclusive award for Romania in the competition & antitrust category, and Emeric Domokos-Hancu (partner, Bucharest, dispute resolution and insolvency & restructuring) was recognised as exclusive winner for Romania in the insolvency & restructuring category.
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The Complex Commercial Litigation Law Review - Edition 1: Chapter Austria
I OVERVIEW
Austria has a civil law system; the codification of the main civil law provisions (the Austrian Civil Code (ABGB)) includes core concepts of contract law and dates back more than 200 years. The Austrian Civil Code governs legal relationships between consumers as well as consumers and companies. Similarly, the Austrian Commercial Code, which regulates business relationships between companies and entrepreneurs, and amends and expands the Austrian Civil Code regarding the business-to-business relationship, was introduced in 1938 under a slightly different name, whereas its predecessor in the German Confederation dates back to 1862. Both codes are comprehensive codifications of substantive law as they regulate the rights, duties and authority of the parties to a contract. Therefore, Austrian contract law mainly consists of statutory law.
From a procedural point of view, the Civil Procedure Code comprises a comprehensive set of rules for state court proceedings, from the filing of the claim up to appeals to the Supreme Court. The judge's role is to issue a judgment on the facts of the case by applying the codified legal provisions and – to some extent – the Supreme Court's case law, which interprets and substantiates the codified provisions.
roadmap
How litigation financing works
As third-party funding continues to make headway, close cooperation between law firms and funders becomes ever more important. Schoenherr's Leon Kopecky and Victoria Pernt sat down with Philipp Leibfried of Burford Capital. With over USD 3 billion committed in the legal market, Burford is the best-capitalised provider of legal financing in the world.
roadmap
Process funding in litigation – business with justice
Process funding has reached Europe and is on its way to becoming an integral part of national legal practice. Even more restrictive jurisdictions are seeing the advantages that process funding can offer, marking the start of a flourishing European legal market.
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Disclosure obligations and conflict of interest
Third-party funding has become a common feature of international arbitration. Yet, despite the upsurge, it still raises many controversial legal questions. The most prominent is whether and to what extent the existence of third-party funding and the identity of the third-party funder must be disclosed to the other party, the arbitrators and the arbitral institution.
newsletter
Austria: The Jewel in the Crown (1)
Pursuant to Article 267 of the Treaty on the Functioning of the European Union ("TFEU"), the Court of Justice of the European Union ("CJEU") shall give preliminary rulings, at the request of courts or tribunals of the Member States, on the interpretation of Union law or the validity of acts adopted by the institutions.
newsletter
Austria: Commercial agent's trial for trial period compensation
Earlier this year, the ECJ ruled that commercial agents are generally entitled to compensation, even if the distribution agreement was terminated during a trial period.
press release
With Schoenherr, Moldova averts lion's share of US investors' claims in ICSID arbitration
On 28 June 2018, an ICSID Tribunal composed of Prof Philippe Sands, QC (President), The Hon Yves Fortier CC, QC (Claimants' appointee), and Prof Dr Rolf Knieper (Moldova's appointee) dismissed the bulk of damages claimed by a group of US investors against the Republic of Moldova under the state's bilateral investment treaty with the USA.
newsletter
EU: New Deal for Consumers - A Proposal to Strengthen Collective Redress
The European Commission has just published its comprehensive proposal for the so-called "New Deal for Consumers", which aims to strengthen EU consumer rights and enforcement. This includes the proposal for a new Directive enabling certain qualified entities to seek redress on behalf of consumers who have been harmed by an unlawful commercial practice.
newsletter
Hungary: A New Era of Collective Claims
On 1 January 2018, a new Act on civil court procedures will come into force, bringing a 50-year-long era to an end. The new law reforms existing shortcomings, such as lengthy and tedious procedures, and introduces mechanisms already widespread in Western and common-law jurisdictions, such as collective redress.
newsletter
Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
Over the past few decades, alternative dispute resolution (“ADR”) has become the preferred method of conflict management in the commercial world.
publication
The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2017
The International Comparative Legal Guides provide current and practical comparative legal information on a range of practice areas, following a Q&A format to ensure thorough coverage of each topic within different legal systems worldwide.