Posts tagged #Civil Law
All PostsEffects of Sanctions Imposed on Russia Regarding Shareholder Rights
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is applying essential provisions established by the European Court of Justice pertaining to the 2014 EU Sanctions Regulation. The claimant, a Russian company and ...
No Automatic Extension of Adult Guardianship
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is currently deliberating on whether recent amendments introduced by the 2025 Austrian Budget Accompanying Act (Budgetbegleitgesetz) permit the automatic extension of existing court-a...
Fire Brigade Competitions: Injuries Sustained Are Not Classified as Work-Related
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether a serious accident occurring during a regional fire brigade competition falls under the coverage of statutory accident insurance, and whether the claimant qualifies f...
OGH on Property Damage and Contamination
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating the differentiation between insured property damage and an uninsured construction defect within the context of construction insurance. This matter originate...
OGH on Arbitration Clauses in Multi-Party Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently examined the effect of formal deficiencies or defects in the power of attorney associated with an arbitration agreement, specifically regarding how such issues impact ind...
OGH: When Are Expert Reports Binding?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the issue of determining when a pre-litigation expert report should be classified as a binding arbitration report. This matter originated from a disagreement concerning suppl...
Cancellation of a Unit-Linked Life Insurance Policy
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) adjudicated the matter concerning the rescission of a life insurance contract. Unit-linked life insurance with a capital guarantee The claimant obtained a unit-linked life insurance p...
OGH Reviews Lakeside Property Purchase Below Market Value
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the conditions under which a property sale may be set aside as a usurious transaction under Section 879(2)(4) of the Austrian Civil Code (Allgemeines b...
OGH on Service Charges and Mall GT&Cs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter referred to as OGH) was required to adjudicate matters concerning tenancy and contract law associated with a shopping centre. The dispute centred on claims for the settlement of accounts r...
Austrian OGH: Lift Operating Costs in Communal Buildings
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was recently tasked with determining the appropriate allocation of operating costs for a lift within a residential block where access was restricted to specific tenants. The case at h...
Obligation to Disclose a Private Foundation within an Estate
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of the extent to which a person entitled to a compulsory share may demand information from a private foundation established (or co-established) by the tes...
OGH: Estate Agent’s Breach of Care and Information Duties
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently considered whether legal proceedings regarding an alleged violation of the duty of care and the obligation to provide information by an estate agent, relating to the sale of ...
OGH: Bitcoin Loss Not Classified as ‘Theft’
Civil LawIn this insurance law case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined whether the unauthorised acquisition of cryptocurrencies through malware qualifies as theft according to the relevant insurance policy ter...
GER: Invalid Termination Clause in Streaming Voucher Cards
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was required to determine the validity of a provision contained within the general terms and conditions of a streaming service provider. The central question concerned the permi...
GER: Condominium Law Does Not Require a 'Three-Quotes Rule'
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has determined that a condominium owners’ association is not required to solicit multiple comparative quotes prior to commissioning maintenance work. This judgment expressly ove...
No Non-Transparent Clauses for PV Feed-In Customers
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing the legality of a provision within an energy company's terms and conditions that authorised the imposition of a compensation charge on customers who operate ...
OGH on Child Contact Rights: Conflict Mediation and Parental Counselling
Civil LawIn a custody case addressing access rights, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to determine appropriate measures to protect the welfare of the child amid ongoing parental conflicts. Although several court-...
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...
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...
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 ...
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...
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...
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...
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...
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...
Partial acceptance of inheritance and provisional renunciation of inheritance
Civil LawThe Austrian Supreme Court (OGH) decides on Legal Succession of Intestate Decedents. No substantiated basis for disqualification from inheritance In the present case, the testator passed away in 2023 intestate, survived by two daughters (the first an...
Austrian OHG Upholds Choice of Law in Cross-Border Securities Deals
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) was requested to determine the applicability of Italian law to a cross-border commercial relationship involving an Italian consumer and an Austrian bank, notwithstanding the bank’s subsequent con...
Security for legal costs: No time limit for supplementary applications
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter referred to as OGH) has issued a ruling regarding the circumstances under which pre-trial security deposits may be requested from foreign claimants. In late 2021, the plaintiff in the case...
Maintenance Not Tied to EU Residency Status
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing whether third-country nationals under the age of eighteen relinquish their entitlement to advance maintenance payments upon obtaining a permanent EU residenc...
Top Prize on Scratch Cards – Who Wins?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that having the 5,000 symbol three times on a scratch card does not automatically entitle the holder to the top prize. When a scratch card comprises multiple distinct games—such as...
Class Action: Procedural Rules for Redress
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently reviewed the procedural requirements pertaining to the definition of ‘essentially similar circumstances. Imposition of a processing fee The plaintiff is an acknowledged quali...
German BGH: Abstract Debt Acknowledgment after Lapsed Claim
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to determine whether enforcement may proceed on the basis of a standalone notarial acknowledgement of debt when the underlying claim has already become time barred. Abstract...
Austrian OGH: Are Video Game ‘Loot Boxes’ Considered Gambling?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined the issue of whether ‘loot boxes’ featured in video games qualify as gambling, and if so, whether operators are obligated to obtain a licence. Loot box contents are rando...
Austrian OGH on Liability for Providing Incorrect Expert Opinions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on a claim for damages against an expert in a construction case. The claimant commenced a construction project in early 2017 pursuant to an approved building permit...
Austrian OGH: Preliminary Ruling on Estate Asset Sales
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was asked to clarify whether Austrian courts have international jurisdiction under Article 10(2) of the European Succession Regulation when a beneficiary of a compulsory portion sues ...
Austria: OGH Decisions on Telecom Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently reviewed a clause about processing fees in a telecom company’s general terms and conditions. The court also sent questions regarding activation fees to the Court of Justi...
Maintenance obligation during Imprisonment in Default (of Fine)
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) explained when a parent is required to pay maintenance while serving a default prison sentence for financial offenses. In the case at hand, a father has been required to pay EUR 100 p...
Austrian OGH Blocks Early Transfer of Shares in Company Capital Increase
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that shares resulting from a future capital increase are only recognized upon the registration of the increase in the commercial register. Until this entry occurs, neit...
Austrian OGH: Minority Shareholders Classified as Consumers
Civil LawThe applicants in the case at hand requested that a judge appoint an arbitrator, relying on the arbitration clause found in their general partnership agreement. This request arose from a disagreement among shareholders about whether a particular shar...
Austrian OGH: Lost Wills Remain Valid
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently explained that, according to Section 722 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a last will and testament is still va...
GER: Easements Require Land Registry Entry
Civil LawThe German Federal Court of Justice (BGH) examined when a conditional civil law right to obtain an easement for rights of way may exist. Transfer of ownership without registration of the right of way in the land registry In the cased at hand, after t...
Austrian Government Unveils Inflation Relief Act for Tenancy Law
Civil LawThe Austrian Federal Ministry of Justice recently presented the government bill for the Inflation Relief Act for Tenancy Law (Mietrechtliches Inflationslinderungsgesetz, hereinafter MILG). Restrictions on safeguarding value Value protection clauses a...
OGH: Interim Injunction Guidelines for School and Nursery Transfers
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delineated the criteria for granting an interim injunction pursuant to Section 381(2) of the Austrian Enforcement and Security Procedures Code (Exekutionsord...
German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...
Austrian OGH: Only Estate-Related Parts of Probate Halted by Insolvency
Civil LawIn the case at hand, upon the passing of the testator in 2023, probate proceedings commenced. The son and daughter contested the appointment of an estate administrator, challenged the approval of the insolvency application, and objected to the denial...
Austrian OGH: Claim Denied—Limitation Period Expired after Accident
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident. The claimant had sought compensation from the defendants arising from a road traffic accident in 2016. The...
Insurance Contract Law: Are One-Year Limitation Periods Constitutional?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with deliberating upon the question of whether a policyholder’s claim for coverage is precluded as a consequence of non-compliance with the stipulated deadline under Sectio...
German BGH Strikes Down Pension Cut Clause for Riester Policyholders
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was required to adjudicate the validity of a provision contained within the terms and conditions of a unit-linked pension insurance policy. Pension factor reductions From June t...
Austrian OGH: Preclusion Period for Damages Claims
Civil LawIn a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the limitation period under Section 1111 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB) also applies...
Consumer Loan Agreements: OGH Rules on Processing Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with ruling on the transparency of a particular clause regarding the loan’s processing fee, and whether it was invalid. In August 2017, the consumer plaintiffs took out a m...
OGH Clarifies Statute of Limitations for Legal Expenses Insurance Claims
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) provided clarification regarding the commencement of the limitation period applicable to claims for coverage or information against a legal expenses insurer. The...
German BGH on Pre-Negotiated Brokerage Agreements
Civil LawThe German Bundesgerichtshof (hereinafter BGH) recently had to consider whether a brokerage agreement negotiated in advance between a project developer and a brokerage agency could still be subject to review under the German Law on Standard Terms and...
Austrian OGH on Parallel Representation in Maintenance Proceedings
Civil LawIn a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) clarified that the child and youth welfare agency (Kinder- und Jugendhilfeträger, hereinafter KJHT) and a parent may provide parallel representation of minor child...
Austrian OGH on Insufficient Transparency in Loan Agreements
Civil LawDuring an appeal, the Austrian Supreme Court (Oberster Gerichtshof, or OGH) examined the validity of certain terms in loan agreements. The main question was whether a processing fee in the agreement could be enforced when consumers were not clearly i...
Limitation Period for Rent Reclaims in Property Sales
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the applicable limitation period for claims seeking the return of rent collected subsequent to the contractually agreed handover date of a pro...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions