2011/19 Austrian Supreme Court more friendly to employee claims following transferor’s insolvency (AT)
Following a transfer of undertaking, the plaintiff’s new employer became insolvent. At that time, the plaintiff had a claim for unpaid wages against his former employer, the transferor. Under previous case law he could not have been compensated for this claim by the national guarantee institution. The Supreme Court reversed this heavily criticised doctrine.
Oberster Gerichtshof (Austrian Supreme Court), 2011-03-22