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EIA Act Amendment: Proposed Changes
Public LawThe Austrian Federal Ministry of Agriculture and Forestry, Climate and Environmental Protection, Regions and Water Management has submitted a draft amendment to the Austrian Environmental Impact Assessment Act (EIA Act) for public consultation. Simpl...
OGH: Indemnity Despite Changed Roof Structure
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered whether replacement value indemnity is payable under a buildings insurance policy when the reinstated structure is constructed differently from the original. Canop...
Ousting Managing Director after Shareholder Dispute
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered the circumstances in which a shareholder-managing director may be removed by court order for good cause. The case centred on a longstanding family dis...
No Cycle Path: Yielding at Junctions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to consider whether cyclists riding their bike along an unmarked path enjoy priority over a motor car turning into a road when crossing a junction. Collision at a junct...
CJEU: Jurisdiction in Cases Concerning Lost Air-Passenger Luggage
European LawThe Court of Justice of the European Union (CJEU) has addressed the question of which court is competent to determine claims in damages where an airline ticket has been purchased online. The reference for a preliminary ruling arose in the context of ...
OGH on the Validity of Inheritance Acceptance Declarations
Civil LawIn the present decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that declarations of acceptance of inheritance which are legally inconclusive must be dismissed under the legal regime of the Non-Conte...
When Does Legitimate Criticism Become Defamation?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider whether the public allegation that a journalist was telling ‘tall tales’ constituted permissible criticism or an impermissible defamatory insult. In the case before th...
Death of a GmbH Managing Director: No General Contingency Duty
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether the sole shareholder and managing director of a GmbH is required to make contingency arrangements in anticipation of their sudden death. The cas...
Austria Continues to Face Billion-Euro Liabilities Related to the EFSF
European LawSpain, Cyprus, and Greece, the former programme countries, continue to meet their public debt obligations, according to the Finance Minister’s latest report on the European Stability Mechanism (ESM) for the second quarter of 2026. Spain will no longe...
Austrian OGH: Marketing Data Not Permitted for Credit Assessments
Civil LawIn the decision at issue, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required, among other issues, to consider whether personal address data originally collected for the purposes of an address-publishing and direct-marketi...
Mistake of Law Does Not Establish Unworthiness to Inherit
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently addressed the circumstances under which a person may be excluded from succession on the grounds of unworthiness to inherit. The case focused on the interpretation of Section ...
OGH Strengthens Protection of E-Scooter Riders
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the issue of liability arising from a collision between a passenger vehicle and an e-scooter on a shared pedestrian and bicycle path. The plaintiff was travelling at approxim...
Austrian OGH: Jurisdiction Agreement in Contracts for Work and Services
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently addressed the question of what requirements must be met for a valid jurisdiction agreement in a contract for work and services. In the present case, the plaintiff contrac...
Inadequate Cargo Securing: When Is the Carrier Liable?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the question of under what circumstances a carrier can invoke the exemption from liability under the CMR when the carrier is already aware of insufficient cargo securing pri...
Used Car with Oil Leak – OGH Rejects Contract Rescission
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the question of whether a safety-relevant defect in a used car automatically entitles the buyer to rescind the contract. A defect that impairs the road...
Austrian EKHG Liability: Vehicle Rolls Away Due to Spontaneous Combustion
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to assess the liability of a vehicle owner in circumstances where a parked vehicle, left in first gear, ignites, subsequently begins to roll, and causes damage to another...
Contracts Cannot Be Voided under Both National Law and CISG
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to consider, among other issues, whether a contract subject to the UN Convention on Contracts for the International Sale of Goods (CISG) may be resci...
Safety-related Faults: Not Always Sufficient Grounds for Contract Termination
Civil LawThe question of when a consumer may immediately terminate the contract of sale under the Consumer Guarantees Act (Verbrauchergewährleistungsgesetz, hereinafter VGG) in the case of a defective second-hand car was considered by the Austrian Supreme Cou...
Liability for Co-Commenting on Facebook
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently examined whether a comment on another individual’s Facebook post could be regarded as an independent act of disseminating a defamatory and harmful factual allegation. In this...
Savings Account Balances no Safeguard against Set-offs
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) deliberated on the legal ramifications of the assignment, for security purposes, of a right to withdrawal from a large-sum savings account (Grossbetragssparbuch). After a lim...
“SOS Repatriation Service” Includes Medical Liability
Civil LawIn the following decision, the Supreme Court (OGH) had to address the question of what obligations an insurer assumes under an agreed-upon “SOS repatriation service.” While staying in Warsaw, the plaintiff suffered a cerebral hemorrhage and was initi...
Electronic Notices Sent to Outdated Email Addresses Are Invalid
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered the question of whether electronic services pursuant to Sections 28 et seq. of the Austrian Service of Documents Act (Zustellgesetz, hereinafter ZustG) are valid i...
Online Marriages Not Recognised in Austria
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the question of whether a marriage conducted via video conference pursuant to Utah, USA, state law is eligible for recognition in Austria. The primary matter under considerat...
Criteria for the Recognition of Rehabilitation Measures
Labour LawAustria’s Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating the circumstances under which claims to rehabilitation measures and related benefits within the statutory social insurance scheme may be granted. The Court foc...
Austrian OGH Rules on Capital Repayment and Solicitors’ Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a limited liability company (GmbH) is permitted to assume the legal fees incurred for counsel retained to draft new articles of association and sha...
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