Posts tagged #Civil Law
All PostsOGH: 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...
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...
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...
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...
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: 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...
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 ...
Partial Invalidity of Value Protection Clauses in Tenancy Law
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that a partially inadmissible value protection clause within a tenancy agreement does not automatically invalidate the entire valorisation arrangeme...
Austrian OGH on Interest for Cartel Damages
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently examined the issue of entitlement to interest on damages claims for companies affected by cartel conduct. The central question considered was whether interest should begi...
GER: Altered IBAN – Buyers Bear Resulting Loss
Civil LawInstead of receiving valuable gold bars, the buyers in the case at hand ultimately incurred a six-figure loss. Criminals had altered bank details on an emailed invoice, resulting in the buyers transferring over EUR 100,000 to a third-party account. T...
Housing Initiative 2011 Not Classified as ‘Public Funds’
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether financing through the Vienna Housing Initiative 2011 constitutes ‘use of public funds’ within the meaning of Section 1, paragraph 4, item 1 of the ...
Effects 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...
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