Usancen Blog
Assertion of Compulsory Share Following Inheritance Waiver
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with deciding if a waiver of inheritance and compulsory share could be revoked without the consent of the beneficiary wife, and how this would affect claims to a compulsory...
OGH on Limitation in Legal Expenses Insurance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has provided guidance regarding the conditions under which a policyholder’s claim for coverage from their legal expenses insurer may be rendered time barred. The claimant in the case...
OGH Backs Competition Authority Search Powers
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently affirmed that the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) holds extensive powers when conducting searches under Section 12 of the Austrian ...
Austria: Compulsory Administration to Enforce Apartment Maintenance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has affirmed that directives concerning maintenance and enhancement works are required to be issued via compulsory administration. Non-compliance with maintenance obligations leads to...
OGH on a Managing Director’s Liability for Unenforceable Claims
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered if a managing director should be responsible for the legal and court costs that an indirect shareholder faced while trying to enforce a loan because of a late insolvency fi...
General Terms and Conditions of a Credit Institution (Part 4)
Civil LawOn April 2, 2026, the USANCEN newsletter published the first section of an Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruling concerning the applicability of certain clauses to professional practice. This week, USANCEN will examine...
KG Dissolution: Lack of assets alone is not sufficient
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a limited partner may be required to consent to the removal of a GmbH & Co. KG (Gesellschaft mit beschränkter Haftung & Compagnie Kommanditgesellsc...
OGH: Service Effective Despite Internet Problems
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the time period for filing an appeal commences with the public announcement of a decision in the edict register. Issues pertaining to personal notification do not ...
OGH on Reimbursement of Training Expenses
Labour LawIn the context of a labour law dispute, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently upheld the validity of repayment agreements for pre-financed training. The claimant in the case at hand had requested EUR 56,666.5...
General Terms and Conditions of a Credit Institution (Part 3)
Civil LawThe 2 April 2026 issue of the USANCEN Newsletter featured the initial segment of a clause decision from the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). In this edition, USANCEN will examine the subsequent two clauses. Clause 3: "A...
Austria: OGH Ruling on Intra-Group Short-Term Deposit Refund Bans
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) determined that an intra-group short-term deposit of EUR 46 million may constitute a prohibited repayment of deposits if the arrangement does not adhere to arm’s length standards and is primarily...
Limits on Repayment Arrangements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, or OGH) has recently reviewed a case concerning the repayment of several million euros following a consultancy agreement with an Austrian bank that subsequently went bankrupt. Once insolvency proceedi...
Insolvency Challenge: No Jurisdiction for Assigned Claims
Civil LawThe Higher Regional Court (Oberlandesgericht, OLG) Vienna ruled on the international and local jurisdiction for avoidance claims asserted by the insolvency administrator, both on their own behalf and for assigned claims. Share-sale payment dispute In...
General Terms and Conditions of a Credit Institution (Part 2)
Civil LawThe prior issue of the USANCEN Newsletter featured the first part of a ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), which holds significant practical importance for specific contractual provisions. In this week’s issu...
Limits for Abusive GDPR Requests
Data Privacy LawIn the case at hand, a person living in Austria had signed up for a German optician’s newsletter by entering personal information into the company’s online registration form. Several weeks later, the individual contacted the optician's shop to reques...
OGH Rejects Appeal Challenging Airline’s G&Ts
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dismissed an appeal lodged by the Austrian Association for Consumer Information (Verein für Konsumenteninformation, VKI) challenging multiple clauses in an airline’s General Condi...
Credit Institution General Terms & Conditions (Part 1)
Civil LawThe Austrian Chamber of Labour filed a challenge against a credit institution concerning eight clauses contained within its General Terms and Conditions. USANCEN will evaluate these clauses clauses, beginning with the following two: Clause 1: “Intere...
Mould and Unpleasant Odours Do Not Constitute Valid Grounds for Eviction
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently delivered a decision regarding the validity of a tenancy agreement in the context of issues related to untidiness and mould within a rental property. The tenant, who is ...
Austrian OGH Rejects Injunction in Sculptures Case
Civil LawIn a recent case, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to assess whether the sale of decorative figurines through an online platform constituted a modification of an artist’s sculptures amounting to copyrigh...
OGH: Amendments to the Austrian Income Tax Act
Tax LawThe Austrian parliament has authorised tax relief measures for overtime work and employment during public holidays. Public holiday work: Tax-exempt up to EUR 400 per month Employers have often handled pay for work done on public holidays inconsistent...
Transport Service Bias Against People with Limited Mobility
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that an airline engages in discriminatory practices regarding the transportation of individuals who use wheelchairs if the person affected is required to wait 45 minute...
Accidents During Return Home Not Covered by Insurance
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delivered a decision about when insurance coverage begins after leaving one’s place of work. Plaintiff sought recognition of the accident as an occupational injury The plaintiff i...
Austrian OGH on Digital Parking Enforcement
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has reviewed the operational framework of digital parking enforcement, in which service providers employ automated number plate recognition technology to oversee parking areas and enf...
Maintenance Claims during Incarceration
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that the obligation to provide maintenance is suspended while an individual serves an extended prison sentence. Request for maintenance during incarceration In the init...
External Parties May Purchase Car Parking Spaces
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently determined that the three-year purchase restriction for individuals not affiliated with the property is not reset when existing condominium ownership is mutually dissolve...
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