USANCEN: LegalNews August 2026/01

Aug 6, 2026

Dear Readers!

This week's newsletter features several recent Austrian Supreme Court (OGH) rulings, which are outlined below:

We are finishing our series of articles on the OGH's latest decision about some sections of an airline's General Conditions of Carriage. This edition focuses on invalid clauses stipulating that fees would be charged for name changes and rebookings resulting from a missed flight.

In another case, the OGH assessed liability following an e-scooter accident where a woman on her e-scooter rider had initially ridden past a parked car whose door had opened. Upon turning around after 30 metres in order to talk to the driver of the car, she lost her footing and fell.

The OGH was also tasked with clarifying whether a limited liability company (GmbH) is obligated to make provisions in the event of the unexpected death of its sole managing director, which would leave the company unable to act, at least in the short term.

We hope you find these articles interesting and look forward to receiving your feedback at usancen@lawthek.eu.

Kind regards,

The Editorial Team

Civil Law

Review of Clauses: Airline GCCs (Part 7)

The 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...

(6. August 2026)

Civil Law

E-Scooter Accident: No Damages Awarded

The 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...

(6. August 2026)

Civil Law

Managing Directors Not Obliged to Arrange Preparations in Case of Sole Shareholder-Director's Death

The 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 ...

(6. August 2026)

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USANCEN: LegalNews August 2026/01

Review of Clauses: Airline GCCs (Part 7)

E-Scooter Accident: No Damages Awarded

Managing Directors Not Obliged to Arrange Preparations in Case of Sole Shareholder-Director's Death

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