Austria

Maintenance obligations towards a minor residing in Austria: Co-ordination of social security systems

Austrian Supreme Court of Justice (Oberstergerichtshof) 10Ob67/14x

The case concerned is about a minor who lives in Austria and is under the care of his mother. The father lives in Switzerland. Both parents are Swiss nationals. The child’s request for advances on maintenance payments in Austria was rejected, because neither parent had social security in Austria and the minor was privately insured in Austria.

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The need for examination and assessment of the safety situation in Afghanistan before ordering the return of the person entitled to a subsidiary protection

Austrian Constitutional Court (Verfassungsgerichtshof) E2002/2014

The complaint of the claimant, an Afghan national, is exclusively against the non-recognition of his entitlement to a subsidiary protection (granted when there are real risks of possible violations of Article 2 and 3 of the ECHR or Protocols 6 and 13 of the ECHR) with respect to his home state Afghanistan and, in this connection, against the referral of the case back to the Federal Agency for Asylum for the examination of the admissibility of the order for return.

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Austrian Supreme Court (OGH) interpreted Regulation (EC ) No 1301/2006

OGH Entscheidungstext 30.07.2015 10Ob70/14p

The present case concerns an agreement for the transfer of import certificate for obtaining a license for the import of poultry on preferential terms and the contentious issue whether this agreement is void. In that regard the Austrian Supreme Court (OGH) interpreted Regulation (EC ) No 1301/2006 of the Commission of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (Regulation) and with the provisions in Articles 5 and 6, as well as with the provisions in § 879 and § 914 of the Austrian General Civil Code (ABGB).

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