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ARTICLE · 17 JANUARY 2019

Highlights From The Austrian Supreme Court - December 2018

A husband raised claims against a close friend of his wife demanding the reimbursement of costs for a private investigator who was observing the nature of the relationship between the friend and the spouse.

AustriaLitigation, Mediation & Arbitration

"Friends without benefits"

A husband raised claims against a close friend of his wife demanding the reimbursement of costs for a private investigator who was observing the nature of the relationship between the friend and the spouse. The Austrian Supreme Court denied the claim, arguing that the third party wasn't informed that the friendly relationship was seen as disruptive by the claimant and therefore isn't liable for any costs in this respect.

Whether from movies or books, probably everyone is familiar with the story of the doubting wife who hires a private investigator to observe the husband who is supposedly working late. While such fictional stories only deal with the emotional turmoil, has anybody ever asked who will cover the costs? If the answer is "no", then don't worry! This is where the recent ruling of the Austrian Supreme Court comes into play! In the underlying case a husband hired a private investigator to observe the allegedly shady activities of

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