Usancen Blog
Review of Clauses: Airline GCCs (Part 7)
Civil LawThe 25 June 2026 issue of the USANCEN newsletter published the initial segment of an Austrian Supreme Court ruling (Oberster Gerichtshof, hereinafter OGH) regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN is f...
E-Scooter Accident: No Damages Awarded
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a recent decision regarding a claim for damages arising from an e-scooter accident. Fall after safely passing the parked vehicle In the case at hand, the claimant had proce...
Managing Directors Not Obliged to Arrange Preparations in Case of Sole Shareholder-Director's Death
Civil LawThe unexpected death of a sole shareholder and managing director presented a limited liability company (GmbH) with considerable organisational challenges, which is why the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered the ...
Federal Court of Justice Backs Flat Owners’ Right to Air Conditioning
Civil LawAir-conditioning systems are increasingly transitioning from luxury items to essential amenities in residential flats. However, challenges may arise if a flat owners’ association denies permission for their installation. In a significant ruling, the ...
Liability of the Republic of Austria for Breakage of Contraceptive IUD
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently examined the question of whether the federal government is liable under the principle of state liability in the event of an unwanted pregnancy resulting from a contraceptive ...
Review of Clauses: Airline GCCs (Part 6)
Civil LawThe 25 June 2026 issue of the USANCEN newsletter featured the initial segment of an Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN is fo...
Austrian OGH: Information Obligations of Booking Platforms
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether an online booking platform must provide customers, after they book private accommodation, with the landlord’s name and address for service. The central question ...
Austrian OGH: Annulment of Compulsory-Auction Bid Award
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently considered the question of whether the cancellation of a successful bid at a compulsory auction can be sought on the grounds of unknown defects in the property being auct...
Review of Clauses: Airline GCCs (Part 5)
Civil LawThe 25 June 2026 issue of the USANCEN newsletter featured the first part of a relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) on a clause relating to an airline’s General Conditions of Carriage (GCC). This week, ...
Sales Contracts and Contracts for Services for Photovoltaic Systems
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently provided clarification on a specific contract type in a relevant case of litigation. In the case at hand, the defendant had engaged the claimant to supply and install a p...
Review of Clauses: Airline GCCs (Part 4)
Civil LawThe 25 June 2026 issue of the USANCEN newsletter featured the initial segment of an Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, USANCEN will ...
Austrian OGH: Level Crossing Terms Update
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with establishing the criteria under which a railway operator is permitted to unilaterally modify the terms of use for a private level crossing. The matter addressed the ba...
Austrian OGH: Prior Authorisation for Short-Term Letting Remains Effective
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a mutually agreed contractual requirement for prior consent regarding short-term letting remains valid and is not rendered void by the introduction of new public-la...
Austrian OGH: Is Inflation a Valid Reason for Compensation Adjustment?
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating whether the depreciation of compensation payments caused by inflation, resulting from impairments pursuant to Section 8(3) of the Austr...
Private Sales Agreement for the Contents of a Terraced House
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued a decision regarding the validity of a private sale agreement entered into by the former and current tenants concerning the furnishings of a terraced house. The claimant in the...
OGH Affirms Bank Guarantee Enforceability
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the conditions under which the enforcement of a bank guarantee issued as security pursuant to Section 1170b of the Austrian General Civil Code (Allgeme...
Review of Clauses: Airline GCCs (Part 3)
Civil LawThe 25 June 2026 edition of the USANCEN newsletter featured the initial segment of a pertinent Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling regarding clauses in an airline’s General Conditions of Carriage (GCC). This week, US...
Unrestricted Access to Company Data in Land Register
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a public-law entity is permitted to restrict access to certain sections of a cooperation agreement maintained within the land register’s document c...
German UWG Amendment
Competition LawThe German federal government has submitted a bill to amend the Federal Act Against Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb, hereinafter UWG), which aims to implement the EU Directive to strengthen consumer rights for ecologi...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 2)
Civil LawThe previous issue of the USANCEN Newsletter featured the first part of a significant Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling concerning an airline’s General Terms and Conditions. This week, USANCEN provides a summary of...
Credit Institutions: No Responsibility for Residual Debt Insurance GT&Cs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider whether a credit institution could be held liable for clauses in the general insurance conditions of a residual debt insurance under section 28 of the Austrian Consume...
No Right to Injunction for Deviations from Condominium Records
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that contractual obligations undertaken by a predecessor to establish certain conditions do not necessarily transfer to subsequent acquirers. As a ...
Reimbursement Despite Withdrawal of Application for Arbitrator Appointment
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining the allocation of costs in proceedings regarding the court appointment of an arbitrator. The primary issue concerned which party should bear the expenses w...
Review of Terms and Conditions: Airline General Conditions of Carriage (Part 1)
Civil LawIn the case at hand, the claimant commenced legal action against an airline, challenging the validity of fifteen specific provisions contained in the General Conditions of Carriage. In this issue, USANCEN provides an analysis of the first clause. The...
Cross-Border Telemedicine: Applicability of a General Country-of-Origin Principle?
Civil LawThe decision in the case at hand addresses the issue of which legal framework applies to cross-border dental treatment provided by a foreign telemedicine provider. The Austrian Dental Association had brought an action for injunctive relief against a ...
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