The duty of loyalty under corporate law has been an issue before the Supreme Court (OGH) several times in the past. The Supreme Court addressed the question of the scope of the duty of loyalty in a company, as well as the question of how individual legal succession affects the transfer of posting rights.

 

The reason for this was a dispute brought before the Austrian Supreme Court between two major Austrian retailers, triggered by differences in the course of implementing a customer loyalty program.

In the past, the Supreme Court (OGH) has often dealt with cases of duty of loyalty under corporate law. The dispute brought to the Austrian Supreme Court on the subject of “right of appointment for the supervisory board (AR) and fiduciary duties in the GmbH” takes place between two players in Austrian retail, which – as is now generally known – are Spar and DM.
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