We are pleased that the Austrian newspaper “Die Presse” covered in the last edition of its legal supplement “Rechtspanorama” (April 3, 2023) two challenging and interesting cases from our law firm, moreover on the same page.
“Cosmetic surgery beats fate” – Supreme Court decision on insurance law after cosmetic surgery
Under the headline “Cosmetic surgery beats fate”, “Die Presse” reports on an interesting insurance law case that our law firm represented through the instances.
The Supreme Court decided on January 25, 2023, 7 Ob 202/22i, on claims of our client for reimbursement of surgical costs for a cosmetic operation by the health insurance. The surgery was necessary as a result of a cancer disease and treatment, but according to the expert had its cause in a previous cosmetic surgery. The case is also interesting in that the client had acuqired a “health insurance policy covering all risks” as defined in Section 11(2)(4) NAG. Based on the interpretation of a liability exclusion, the insurance company refused to cover the surgery costs as consequences of a cosmetic surgery or treatment. The Supreme Court confirmed the legal position of the insurance company in this case. The case provides clarity in the interpretation of the exclusion of liability for “cosmetic surgery and its consequences.”
“Between ‘Tomahawk’ and ‘Zebra'” – Constitutional Court confirms our legal position in name law
On the same page, Mag. Kommenda reports on a success of our law firm before the Constitutional Court, title “Between ‘Tomahawk’ and ‘Zebra’: right to change name strengthened“.
The Constitutional Court ruled on this case in the last session (Constitutional Court, March 14, 2023, E 2363/2023).
In this case we successfully represented a client who wanted to adopt a name he had been using for a long time as his legal name. This case was contested before all instances. The Administrative Court rejected the change of name. Before the Constitutional Court we successfully enforced our client’s wish to change his name. The Constitutional Court qualified the decisions of the lower instances as an interference with the right to private life (Art 8 ECHR).
We enjoy dealing with complex legal problems, preferably related to public law, constitutional law and human rights. Our success before the Constitutional Court in the area of name law has once again confirmed our profile in the context of representation in public law cases.
We look forward to hearing from you if you are confronted with a complex and special legal problem, possibly also in an “unusual” legal matter such as the law of names.