Podcast
Questions and Answers
What term is used for offences that require the victim's authorization for prosecution?
What term is used for offences that require the victim's authorization for prosecution?
- Administrative offences
- Offizialdelikte
- Privatanklagedelikte
- Ermächtigungsdelikte (correct)
Which category of crimes does not require an initiative from the victim for prosecution?
Which category of crimes does not require an initiative from the victim for prosecution?
- Official offences
- Private prosecution offences
- Judicial crimes
- Administrative offences (correct)
In what situation will a fine typically be directed in the case of private prosecution offences?
In what situation will a fine typically be directed in the case of private prosecution offences?
- To a private fund
- To the victim
- To the Treasury (correct)
- To a social service agency
What is the primary method of enforcement for public law violations?
What is the primary method of enforcement for public law violations?
What are 'Privatanklagedelikte' primarily associated with?
What are 'Privatanklagedelikte' primarily associated with?
What is a characteristic of crimes that fall under public law enforcement?
What is a characteristic of crimes that fall under public law enforcement?
Which statement about consumer protection law is implied in the provided content?
Which statement about consumer protection law is implied in the provided content?
How do victims typically seek damages in relation to public law violations?
How do victims typically seek damages in relation to public law violations?
What is one potential outcome of seeking an injunction for infringement of international law related to consumer interests?
What is one potential outcome of seeking an injunction for infringement of international law related to consumer interests?
Which body is NOT typically regarded as a qualified entity that can seek injunctive relief under the KSchG?
Which body is NOT typically regarded as a qualified entity that can seek injunctive relief under the KSchG?
What action may a qualified entity take prior to going to court for an infringement?
What action may a qualified entity take prior to going to court for an infringement?
According to § 14 UWG, who can take action against unfair commercial practices?
According to § 14 UWG, who can take action against unfair commercial practices?
What type of penalty might be associated with a declaration to cease and desist under the KSchG?
What type of penalty might be associated with a declaration to cease and desist under the KSchG?
What is a significant power held by qualified entities under the KSchG and UWG?
What is a significant power held by qualified entities under the KSchG and UWG?
What type of practices does the UWG primarily address?
What type of practices does the UWG primarily address?
In what way are the actions under the KSchG and UWG similar?
In what way are the actions under the KSchG and UWG similar?
What characterizes the law compared to social, moral, or religious standards?
What characterizes the law compared to social, moral, or religious standards?
Which mechanism of enforcement is primarily characterized by the State exercising sovereign power?
Which mechanism of enforcement is primarily characterized by the State exercising sovereign power?
What issue arises when the gap between law and its enforcement becomes too large?
What issue arises when the gap between law and its enforcement becomes too large?
In what area of law is public enforcement predominantly found?
In what area of law is public enforcement predominantly found?
What is the potential consequence for ignoring legal rules according to Selma and Sebastian's considerations?
What is the potential consequence for ignoring legal rules according to Selma and Sebastian's considerations?
What does the term 'enforcement gap' refer to?
What does the term 'enforcement gap' refer to?
Which type of enforcement typically does not involve immediate State action?
Which type of enforcement typically does not involve immediate State action?
What is a possible sentiment Selma and Sebastian feel towards the legal requirements for starting an online shop?
What is a possible sentiment Selma and Sebastian feel towards the legal requirements for starting an online shop?
What is the main goal of the 'Advising instead of Punishing' initiative in Austria?
What is the main goal of the 'Advising instead of Punishing' initiative in Austria?
Under which area of law does the initiative 'Advising instead of Punishing' primarily operate?
Under which area of law does the initiative 'Advising instead of Punishing' primarily operate?
What is the role of supervisory authorities mentioned in the content?
What is the role of supervisory authorities mentioned in the content?
Which of the following laws are included in consumer protection statutes as mentioned?
Which of the following laws are included in consumer protection statutes as mentioned?
What is a potential misconception about minor mistakes made on trading websites?
What is a potential misconception about minor mistakes made on trading websites?
What does the abbreviation ADR stand for as mentioned in the text?
What does the abbreviation ADR stand for as mentioned in the text?
Which law is specifically focused on violations that may be prosecuted as administrative offences?
Which law is specifically focused on violations that may be prosecuted as administrative offences?
Which of the following is NOT a function of the supervisory authorities as indicated in the content?
Which of the following is NOT a function of the supervisory authorities as indicated in the content?
What does § 1 UWG address in relation to competitors?
What does § 1 UWG address in relation to competitors?
What is the typical financial implication for simple cases of infringement before taking legal action?
What is the typical financial implication for simple cases of infringement before taking legal action?
Which statement reflects the outcome of collective redress mechanisms?
Which statement reflects the outcome of collective redress mechanisms?
What is the purpose of the new Directive on representative actions?
What is the purpose of the new Directive on representative actions?
What should a competitor typically do before directly taking legal action under § 14 UWG?
What should a competitor typically do before directly taking legal action under § 14 UWG?
How does saving on compliance costs relate to competitive advantage?
How does saving on compliance costs relate to competitive advantage?
What is a typical result when businesses believe few infringements will be claimed?
What is a typical result when businesses believe few infringements will be claimed?
What does the 'Österreichische Sammelklage' refer to?
What does the 'Österreichische Sammelklage' refer to?
Flashcards are hidden until you start studying
Study Notes
Enforcement of the Law
- Starting an e-commerce business in Austria involves navigating numerous legal requirements and restrictions that can feel overwhelming for entrepreneurs.
- Enforcement of the law is primarily the responsibility of state institutions, differentiating legal compliance from social, moral, or religious standards.
- The 'enforcement gap' refers to the disparity between established laws and their actual enforcement, which can undermine the rule of law.
Public Enforcement
- Public enforcement is initiated by the state, primarily visible in criminal law, where authorities can pursue investigations independently of victim complaints.
- Many judicial crimes and administrative offences fall under the category of official enforcement (Offizialdelikte).
- Some offenses require victims to authorize prosecution (Ermächtigungsdelikte), whereas private prosecution offenses (Privatanklagedelikte) are only pursued upon the victim's initiative.
- Public enforcement extends to various laws, including public security law, tax law, and social security law, with state authorities typically enforcing violations.
Representative and Competitor Enforcement
- Concerns about enforcement among new entrepreneurs highlight a perception that minor infractions often go unpunished.
- Since 2019, Austria has adopted an approach termed "Advising instead of Punishing," aiming to support compliance, especially for microenterprises.
- Economic administrative law encompasses regulations such as trade regulation law, e-commerce law, and consumer contract law, enforced by designated supervisory authorities.
Representative Actions under KSchG
- Various statutes aim to protect consumer interests, allowing for collective actions against infringements of laws like e-commerce and distance sales.
- Injunctive relief (Unterlassungsklage) can be sought by qualified entities representing affected stakeholders, particularly for violations that harm collective consumer interests.
- Actions typically start with a warning notice, encouraging businesses to cease violations before escalating to court actions.
Competitor Actions under UWG
- Under the Unfair Competition Act (UWG), businesses may be held accountable for unfair commercial practices, with competitors also permitted to seek injunctions.
- Competitors must initially issue a warning notice before pursuing legal action for unfair competition, with legal fees often reaching approximately EUR 1,500.
Collective Redress
- Current legal frameworks do not automatically compensate individuals for past infringements, reducing incentives for businesses to comply with laws.
- A new Directive on representative actions aims to facilitate collective claims for damages, enhancing consumer protection and enforcing compliance.
- Consumers may also assign claims to consumer organizations, allowing these groups to litigate on their behalf through an existing framework ('Österreichische Sammelklage').
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
