Posts tagged #consumer protection

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Austrian OGH: Information Obligations of Booking Platforms

Competition Law 

The 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 ...

Credit Institutions: No Responsibility for Residual Debt Insurance GT&Cs

Civil Law 

The 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 Non-Transparent Clauses for PV Feed-In Customers

Civil Law 

The 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 ...

Austrian OHG Upholds Choice of Law in Cross-Border Securities Deals

Civil Law 

The 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...

Austrian OGH: Minority Shareholders Classified as Consumers

Civil Law 

The 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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