Fiebinger Polak Leon Attorneys-at-Law wins case for architect Sepp Frank against Flughafen Wien.
The Vienna-based law firm Fiebinger Polak Leon Attorneys-at-Law has advised Viennese architect Sepp Frank in his proceedings concerning appropriate remuneration for design services against Flughafen Wien in the “Skylink” case, winning for the second time in front of the Austrian High Court (OGH).
In a competition for the design of the Skylink, architecture office Frank was ranked first together with a second office, which was ultimately awarded the contract. The OGH upheld the original verdict: Flughafen Wien unlawfully utilised the creative design services of Sepp Frank’s office; in terms of unjust enrichment the right to appropriate compensation, to which Frank is entitled due to this use, falls under a 30-year statute of limitations period.
“Success in such a complex case clearly confirms our expertise in contentious trials and matters of intellectual property. We are particularly happy that we were able to gain an effective protection for the design services beyond copyright law not only for our client, but for all architects and planners, and that the claim for unlawful use falls under a statute of limitations period of 30 years, instead of just three,” said Christoph Leon and Constantin Kletzer, the two partners at Fiebinger Polak Leon Attorneys-at-Law in charge of this case.