The International Comparative Legal Guide to Aviation Law ... - Jarolim

Jarolim Flitsch Rechtsanwälte GmbH
Austria
4.10 What are the mechanisms available for the protection of
intellectual property (e.g. trademarks) and other assets
and data of a proprietary nature?
Trademarks can be registered under the Austrian Trademark Act
(Markenschutzgesetz - MSchG) in the Austrian Trademark Register;
however, there is also protection available for unregistered marks
and labels, if proof can be provided of their existence and use.
Patents can be registered in the Austrian Patent Register under the
Austrian Patent Act (Patentgesetz - PatG); designs and utility
models (Geschmacks- und Gebrauchsmuster) can be registered
with the Austrian Patent Office under the Model Protection Act
(Musterschutzgesetz - MSchG).
There is no registry of proprietary rights. Protection is available for
interference with possession (Besitzstörung) in simplified
proceedings before the district courts. Further remedies are
available under Austrian law for violation and interference with
proprietary rights.
4.11 Is there any legislation governing the denial of boarding
rights?
As a Member State of the EU, EC Regulation No. 261/2004
establishing common rules on compensation and assistance to
passengers in the event of denied boarding and of cancellation or
long delay of flights is the relevant legislation for denial of
boarding.
4.12 What powers do the relevant authorities have in relation
to the late arrival and departure of flights?
In commercial aviation, the flight slots must be allocated, in
facilitated airports by the airports itself, in coordinated airports by
the Schedule Coordination Austria GmbH (SCA) pursuant to the
procedure set out in the EEC Regulation No. 95/93 on common
rules for the allocation of slots at Community Airports, as amended
by EEC Regulation No. 793/2004 and EC Regulation No.
545/2009, and the Austrian Slot Coordination Regulation 2008.
The authority may deny landing and/or departure if requirements
outlined in the applicable rules are not complied with.
4.13 Are the airport authorities governed by particular
legislation? If so, what obligations, broadly speaking, are
imposed on the airport authorities?
The prime legislation for airport authorities is the LFG, which
requires every airport operator to issue and publish Conditions of
Use (Zivilflugplatzbenützungsbedingungen), which shall guarantee
the non-discriminatory access to, and safe and economic operation
of the airport. These must be approved by the BMVIT. The
Conditions of Use must contain the Tariff Regulations
(Tarifordnung). The airport charges must be calculated according
to the Airport Charges Act (Flughafenentgeltegesetz - FEG), which
entered into force on 1 July 2012 and implemented Directive
2009/12/EC on airport charges.
Ground handling services and requirements for the access to ground
handling services are governed by the Airport Groundhandling Act
(Flughafen-Bodenabfertigungsgesetz - FBG). The FBG
implemented Directive 96/67/EC on access to the ground handling
market at Community airports, which ensures the liberalisation of
the ground handling services in the EU.
Austria
The relevant authority for determination and approval of flight
schedules in Austria is the ACG. The rules set out for flight
schedules are found in the LVR.
Accordingly, each flight schedule needs to be reported by the
respective pilot to the ACG, including place of departure, speed,
flight altitude, maximum flight time and expected landing place and
time. Actual departure needs to be reported to the authority, unless
the expected landing time will not be exceeded by 15 minutes, or it
was announced that no departure notice would be made, or if such
notice could not be made. Special notices need to be made if
scheduled landing times cannot be met by more than 30 minutes.
Approval by the authority is then required for the actual departure
time. Special rules apply for emergency landings.
4.14 What global distribution suppliers (GDS) operate in
Austria?
The two main reservations systems used by travel agencies in
Austria are Amadeus (distributed through Amadeus Austria
Marketing GmbH) and Galileo (distributed through TraviAustria
Datenservice für Reise und Touristik GmbH & Co Nfg KG).
4.15 Are there any ownership requirements pertaining to
GDS’s operating in Austria?
There is no national legal regime that governs GDS. Regulation
(EC) No. 80/2009 on a Code of Conduct for computerised
reservation systems is directly applicable in Austria.
ICLG TO: AVIATION LAW 2013
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