https://www.rihs.law/wp-content/uploads/2021/05/iStock-939112186.jpg 459 688 Kanzlei Dr. Rihs https://www.rihs.law/wp-content/uploads/2019/06/Logo-svg-en.svg Kanzlei Dr. Rihs2021-05-07 17:00:372021-05-28 12:23:59Supreme Court for Civil Matters: Discrimination against graduates of cross-border cooperation studies unlawful!
We are pleased to announce a positive decision in a lengthy civil case which we were able to obtain for our client, an employee of the Austrian National Bank (Oesterreichische Nationalbank, short: OeNB). We successfully enforced that the completion of an university degree abroad (in this case: cross-border cooperation course at the University of Mittweida in Germany) must be fully taken into account when classifying the employee in the internal salary scheme of the OeNB. The employer was obliged to pay the difference in salary for the last three years in arrears. The Supreme Court followed our reasoning. It thus strengthens the Bologna system and enables the crediting of degrees acquired by employees in the context of cross-border cooperation courses of European universities outside Austria.
https://www.rihs.law/wp-content/uploads/2021/04/iStock-1273675918-4.jpg 459 659 Kanzlei Dr. Rihs https://www.rihs.law/wp-content/uploads/2019/06/Logo-svg-en.svg Kanzlei Dr. Rihs2021-04-28 13:39:272021-04-28 13:54:50Arabische Kultusgemeinde Österreich (AKÖ) - unlawful decision of the (governmental) department for religious affairs (Kultusamt) overturned by the Administrative Court Vienna
We have a great success to report in a legally demanding case of constitutional law, which is also explosive in the media: In a decision of 21 April 2021, the Administrative Court Vienna overturned the decision of the (governmental) department for religious affairs (Kultusamt) of 7 June 2018, with which it had withdrawn the legal personality of the Arabic Religious Community Austria (Arabische Kultusgemeinde Österreich, short AKÖ). The Administrative Court stated that all formal requirements (number of mosque facilities, worshippers) were fulfilled by the AKÖ. The Administrative Court based its findings on the confirmation of the Islamic Religious Community Austria (Islamische Glaubensgemeinschaft in Österreich, short IGGÖ), which examined and confirmed the formal requirements according to intra-religious community law. The decision of the Administrative Court marks the end of a lengthy procedure.
https://www.rihs.law/wp-content/uploads/2021/03/iStock-1085351298.jpg 459 688 Kanzlei Dr. Rihs https://www.rihs.law/wp-content/uploads/2019/06/Logo-svg-en.svg Kanzlei Dr. Rihs2021-03-08 18:45:122021-03-09 09:39:43Dissolution of an Islamic Association as a Result of the Terrorist Attack of 2 November 2020 Suspended
As a result of the terrorist attack on 2.11.2021, the Vienna Police Directorate, as the association authority, dissolved two Islamic associations with immediate effect by means of a mandate notice without any preceding investigative proceedings. The Vienna Provincial Police Directorate now had to revoke the mandate notice after a thorough examination of the facts. It determined that no persons with Islamist extremist ideology held functions in the association or were active in a supportive capacity for the mosque. At no time did the association actively call on individuals to participate in armed jihad in crisis areas or encourage them to do so. According to the findings of the association's authorities, the sermons delivered at the mosque's Friday services did not glorify jihad.