Posts tagged #Civil Law
All PostsReview 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...
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...
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