Annual Conference 2025

After introductory words of welcome from our Vice Dean and Ars Iuris Speaker Prof. Franz-Stefan Meissel, this year’s 12 award winners were given the opportunity to provide brief insight into their outstanding dissertations.

I. Panel - Moderation by Prof. Michaela Windisch-Graetz

• Cornelia Auer investigated the impact of prison sentences on future delinquency. Due to the intrusive nature of incarceration, the study analysed how different forms of imprisonment affect recidivism. Based on 900 Austrian case files—including criminal records and electronic monitoring histories—the quantitative study demonstrated that extramural enforcement (electronically monitored house arrest) strengthens compliance with the law and facilitates (re-)integration into society.
  ('Unterschiede in der Legalbewährung von Strafgefangenen nach intra- und extramuraler Haft')
  
  
• Helena Palle followed with an analysis of the compatibility of Austria’s insolvency exception in business transfers (§ 3 para 2 AVRAG) with EU law. She examined the concept of insolvency in the Business Transfers Directive and the case law of the CJEU. Her conclusion was that the national provision is not in line with the Directive, as only insolvency proceedings without a restructuring plan meet the criteria of asset liquidation under Art 5 para 1 of the Directive.
  ('Die Insolvenzausnahme bei Betriebsübergang')
  
  
• Philipp Bertsch examined reimbursement of expenses under Austrian labour law. His study analysed issues around work equipment, travel costs, training costs, and home office—also comparing Austria with Germany and Switzerland. He found that employers are generally required to bear operating costs, a principle derived from the nature of the employment contract. The entitlement to reimbursement can be deduced by (analogous) application of § 1014 of the Austrian Civil Code. He comprehensively addressed the content, amount, and contractual waiver of the claim, as well as special rules on home office.
  ('Aufwandersatz im Arbeitsrecht')

II. Panel - Moderation by Prof. August Reinisch

• Isabella Brunner explored the complex issue of attributing cyber operations to states in her dissertation. She highlighted the unique challenges of cyberspace, including enhanced anonymity and the deliberate exploitation of this by states to avoid responsibility. Her work demonstrates that existing international law, particularly customary rules of attribution, can still apply despite their limitations. She proposed a comprehensive evidentiary framework based on state practice and outlined a potential 'cyber responsibility regime' incorporating both direct and alternative attribution methods. Through detailed analysis and practical case studies, Isabella Brunner’s thesis offers a forward-looking guide to promoting accountable state behavior in cyberspace.
  ('Attribution of Cyber Operations Under International Law: State Responsibility and Evidence')
  
  
• Johannes Tropper followed with a presentation on his dissertation which explores the legal status of unilateral promises made by states, whether to other states or to foreign investors. He investigate when such promises are protected under general international law and investment law, and compared these legal frameworks to encourage a more unified approach. His thesis identified two main bases for establishing a promise’s legal bindingness: the promisor’s intention to be bound and the promisee’s reasonable reliance. By analyzing doctrines such as unilateral legal acts, estoppel, umbrella clauses, and legitimate expectations, Tropper shows that the criteria for identifying binding promises are largely consistent across both areas of law. Ultimately, his work promotes legal coherence through cross-fertilisation and provides solutions for inconsistencies in how international law treats state promises.
  ('Unilateral Promises in General International Law and Investment Law')
  
  
• Yannic Duller examined data access and portability rights as key tools used by the European Union to address structural power imbalances in the digital economy. He analyzed major EU legal instruments such as the Digital Markets Act and the Data Act and developed a three-part classification system to organize their differing approaches. This system distinguishes between access rights to co-generated data, access rights in the public interest, and data portability rights in the narrower sense. His work aims to bring clarity to this evolving and complex area of law and to offer guidance for future legislative developments in data regulation.
  ('Data Access and Portability: A Taxonomy of European Data Rights')

III. Panel - Moderation by Prof. Christian Koller

• Sonja Walcher focused on private sales by insolvency administrators and the interplay of insolvency, enforcement, and civil law. Her dissertation critically questioned the dominant conceptual-legal approaches. Rather than classifying such sales as private legal acts, she advocated for a solution-oriented model inspired by the legislative values of § 1089 ABGB. This approach was applied to various practical legal challenges.
  ('Freihändige Veräußerungen des Insolvenzverwalters')
  
  
• Dominique Korbel analysed how the Austrian Blood Safety Act (BSG) meets the demands of infection safety and sufficient blood supply. Her study provided an overview of Austria’s blood donation system and examined the 2019 amendments to the BSG, especially the expanded responsibilities of nursing staff in mobile donations. She focused on professional law issues such as the medical reservation principle and the exclusion of risk groups (e.g. MSM) from a fundamental rights perspective. The unclear legal framework for autologous blood donations was also addressed.
  ('Die Blutspende – Ausgewählte Fragestellungen des österreichischen Blutsicherheitsrecht')
  
  
• Alexander Rimböck  analysed the scope for fiscal measures promoting climate protection in Austria’s transport sector. While current measures are piecemeal, there is significant potential for a more climate-friendly tax design. Besides revenue-raising, steering purposes may also be pursued—but EU law, fundamental rights, and state aid law impose limits. The study covered income tax, VAT, energy taxes, transport taxes, real estate transfer tax, and systems for pricing greenhouse gas emissions, tolls, and offset mechanisms.
  ('Lenkungsspielraum und Gestaltungsoptionen für abgabenrechtliche Klimaschutzmaßnahmen im Verkehrssektor')

IV. Panel - Moderation by Prof. Miloš Vec

• Nikolaus Feldscher  presented his work on § 330 ABGB (Austrian Civil Code) and unresolved questions concerning the acquisition of fruits by a bona fide possessor in the owner–possessor relationship. After a historical overview, he analysed the concept of good faith, the conditions for acquiring fruits, and the legal definition of fruits, also drawing from related legal areas. He rejected a restitution-based approach and demonstrated that the values underlying the German Civil Code cannot be transferred to § 330 ABGB.
  ('Der Fruchterwerb des redlichen Besitzers')
  
  
• Tobias Fädler spoke about the principle of accumulation in Austrian administrative criminal law in light of EU law. While constitutional law currently accepts cumulative fines, the CJEU imposes proportionality limits. His work shows that EU law generally allows cumulative sanctions but requires specific criteria. These standards were applied to Austrian law, revealing a need for legislative reform.
  ('(Un-)Begrenzt strafen? Die Kumulierung von Verwaltungsgeldstrafen und ihre unionsrechtlichen Grenzen')
  
  
• Anastasia Hammerschmiedconcluded with her dissertation on the prohibition of sexual violence in war under late 19th-century international law. She analysed legal debates, particularly the interpretation of Art. 46 of the Hague Regulations of 1899/1907, and several 19th-century wars using contemporary sources. Her research showed that sexual violence in war was indeed prohibited under international law, but debates were primarily held in (semi-)colonial contexts. Accusations were usually directed at non-European soldiers and served to draw a line between ‘civilised’ and ‘uncivilised’ warfare, while the topic was taboo in European conflicts.
  ('Empörung und Tabu: Sexuelle Kriegsgewalt im Völkerrecht des späten 19. Jahrhunderts')

At the end of the conference, dissertation prizes were awarded to the presenters to to mark the occasion. The reception that followed also provided ample time for exchange and networking.

We are glad that this year’s annual conference was once again such a success and look forward to honoring top dissertations again next year!