109. Federal law amending the IPR Act, the Insurance Supervision Act and the Transport Victim Compensation Act, and repealing the Federal Act on International Insurance Contract Law for the European Economic Area

The National Council has decided:

Article 1

Amendment of the Federal Act on International Private Law

The Federal Act on International Private Law (IPR), BGBl. N ° 304/1978, as last amended by the Federal Law BGBl. I n ° 58/2004, is amended as follows:

1. In § 34 (2), the parenthesis shall be deleted. "(§ 44)" .

§ 35 is accompanied by headline:

" Contractual Obligations

§ 35. (1) Contractual obligations which do not fall within the scope of Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I), OJ L 145, 31.5.2008, p. No. OJ L 177 of 4 July 2008, p. 6, are to be assessed in accordance with the law which the parties expressly or conclusively determine (§ 11).

(2) Where a choice of law is not effective in respect of such a debt, it shall be assessed in accordance with the law of the State in which that party has its habitual residence, which shall have the performance characteristic of the contract. . If this party concludes the contract as an entrepre, the place of establishment within the scope of which the contract is concluded shall prevail instead of the habitual residence.

(3) The law of that other State shall be applied from the totality of the circumstances in which the contractual obligation is manifestly closer to a State other than that determined in accordance with paragraph 2. "

3. In accordance with § 35, the following § 35a and heading is inserted:

" Extended legal choice for certain insurance contracts

§ 35a. (1) The parties to an insurance contract, for which Article 7 (3) of Regulation (EC) No 593/2008 opens legal choice, may, in the cases referred to in Article 7 (3) (a), (b) and (e) of the Regulation, be expressly or conclusively open to any other right. .

(2) The insurer shall exercise his/her activity in the State in which the policyholder has his habitual residence or, in any way, directs his activities to that State or to a number of States, including that State; the choice of law referred to in paragraph 1 shall not result in the policyholder being deprived of the protection afforted to him by those provisions which, under the law applicable to a lack of a choice of law, are not covered by an agreement can be wiretapped. "

4. § § 46 and 47 shall be repealed together with the headings.

5. § 48 reads:

" § 48. (1) Non-contractual claims for damages, which do not fall within the scope of Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II), OJ L 327, 30.11.2007, p. No. OJ L 199 of 31 July 2007, p. 40, are to be assessed in accordance with the law which the parties expressly or conclusively determine (§ 11).

(2) If a choice of law is not effective in respect of such a debt, it shall be assessed in accordance with the law of the State in which the conduct causing the damage has been set. However, if there is a stronger relationship with the law of the same State for the parties concerned, that right shall prevail. "

6. § 50 (2) reads:

" (2) § 35 and § 53 (2) in the version of the Federal Law BGBl. I n ° 119/1998 and the repeal of Sections 36 to 45 of this Act shall enter into force on 1 December 1998 and shall apply to obligations which arose after 30 November 1998. "

(7) The following paragraph 4 is added to § 50:

" (4) On non-contractual claims for damages arising from an event that is after the 11. January 2009 has occurred, is § 48 in the version of the Federal Law BGBl. I n ° 109/2009; § 48 (2) in the version of the Federal Law BGBl. No. 109/1978 shall no longer apply to such claims for damages. § § 46 and 47 shall not apply if the event, which establishes the non-contractual obligation, after the 11. Jänner 2009. On contracts concluded after 17 December 2009, § 35 is in the version of the Federal Law BGBl. I n ° 109/2009; § 53 (2) shall no longer apply to such contracts. "

8. In § 53, the sales denomination "(1)" and the second paragraph.

Article 2

Amendment of the Insurance Supervision Act

The Insurance Supervision Act-VAG, BGBl. No 596/1978, as last amended by the Federal Law BGBl. I n ° 66/2009, shall be amended as follows:

1. § 1 (2) last sentence reads:

"This does not apply to reinsurance contracts or if the risk is not proven in Germany pursuant to Section 14 (2)."

2. In Section 1a (2), the word order shall be "Annex B to the Federal Act on International Insurance Contract Law for the European Economic Area" through the phrase "Annex C to this Federal Law" replaced.

3. In Section 7 (5), the phrase "Annex B to the Federal Act on International Insurance Contract Law for the European Economic Area" through the phrase "Annex C to this Federal Law" replaced.

4. § 13 (2) last sentence reads:

"The superiority of the risk is determined in accordance with § 14 para. 2."

5. In accordance with § 14 (1), the following paragraph 2 is inserted:

" (2) As a Contracting State in which the risk is situated, the following shall apply:

1.		in non-life insurance
a)			in the case of the insurance of risks related to immovable property and superstructures, as well as the movable property of the State Party in which those objects are situated, insured by the same contract;
b)			in the case of the insurance of risks related to registered vehicles of all types of the Contracting State in which the vehicle is registered; however, in the case of vehicles imported from one Contracting State to another, the vehicle shall be subject to the same conditions as those in which the vehicle is registered, during a period not exceeding 30 days from the date of delivery, provision or dispatch of the vehicle to the purchaser, the risk shall be located in the country of destination;
c)			in the case of insurance for travel and holiday risks in insurance contracts for a period not exceeding four months, the Contracting State in which the policyholder has carried out the legal acts required to conclude the contract;
2.		in all other cases of non-life insurance and life insurance,
a)			if the policyholder is a natural person, the Contracting State in which he/she has his habitual residence;
b)			if the policyholder is not a natural person, the Contracting State in which the undertaking, establishment or other body to which the contract relates is situated. "

6. In Section 14 (6), the phrase "Annex B to the Federal Act on International Insurance Contract Law for the European Economic Area" through the phrase "Annex C to this Federal Law" replaced.

7. Annex C is:

" Annex C

In accordance with § 1a (2), § 7 (5) and 14 (6):

Major risks

1.		Transport and transport liability risks according to Z 4 to 7, 11 and 12 of Appendix A to this Federal Act
2.		Credit and deposit risks according to Z 14 and 15 of Appendix A to this Federal Act
3.		Major risks according to Z 3, 8, 9, 10, 13 and 16 of Appendix A to this Federal Act, if the policyholder exceeds at least two of the following three limits:
a)			6,2 million Euro balance sheet total
b)			€ 12.8 million net sales
c)			an average of 250 employees during a financial year.
If the policyholder belongs to a group for which a consolidated financial statement is to be drawn up in accordance with Section 244 of the German Commercial Code (UGB) or in accordance with the requirements of Directive 83 /349/EEC of another Member State of the European Economic Area, the figures of the consolidated financial statements shall be decisive for the exceeding of the said limits. "

8. Annex E Z 2 second sentence reads:

"The superiority shall be assessed in accordance with § 14 (2)."

9. The following paragraph 4 is added to § 119j:

" (4) § 1 para. 2, § 1a paragraph 2, § 7 para. 5, § 13 para. 2, § 14 para. 2 and 6, the annex C and the annex E Z 2 in the version of the Federal Law BGBl. I No 109/2009 shall enter into force on 17 December 2009. '

Article 3

Amendment of the Transport Sacrifice Compensation Act

The Traffic Opper Compensation Act-VOEG, BGBl. No 37/2007, is hereby amended as follows:

1. In § 4 (3), the parenthesis shall be " (§ 2 Z 2 lit. a sublit. bb second half-sentence of the Federal Act on International Insurance Contract Law for the European Economic Area, BGBl. No. 89/1993) ' by the parenthesis expression " (§ 14 para. 2 Z 1 lit. b Insurance Supervision Act, BGBl. No 569/1978) replaced.

2. The following paragraph 3 is added to § 19:

" (3) § 4 (3) in the version of the Federal Law BGBl. I n ° 109/2009 will enter into force on 17 December 2009. '

Article 4

Repeal of the Federal Act on International Insurance Contract Law for the European Economic Area

The Federal Act on International Insurance Contract Law for the European Economic Area, BGBl. No. 89/1993, as last amended by the Federal Law BGBl. No 37/2007, will be repealed with the expiry of 16 December 2009 and will continue to apply to insurance contracts which have been concluded before 17 December 2009.

Fischer

Faymann