Usancen Blog
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...
ECJ: Flight Delays Attributed to Passenger Boarding Procedures
European LawThe European Court of Justice (ECJ) examined whether an airline may invoke extraordinary circumstances pertaining to a previous flight as the cause of a delay, notwithstanding its independent decision to wait for passengers from that earlier flight. ...
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...
ECJ Clarifies Bird Protection in Road Construction
European LawThe European Court of Justice (ECJ) has specified the requirements that a road project must satisfy to guarantee comprehensive protection of avian species. Multiple environmental organisations formally contested the authorisation of a two-lane road p...
GER: Setback for Digitalisation –BGH Overturns Austrian Online Certification
European LawThe constraints associated with the digitalisation of notarial procedures across Europe remain evident. In its recent decision, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently decided that foreign online certific...
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: Flexible Working Hours Not Covered by Dismissal Protection
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to determine whether setting working hours that had previously been arranged freely constitutes parental part-time work under the Paternity Leave Act (Vaeter-Karenzgesetz, hereina...
EU Can Freeze Assets Controlled by Sanctioned Individuals
European LawIn a recent ruling, the Court of Justice of the European Union (CJEU) held that the assets of a company not included on the sanctions list may be frozen if that company is controlled by a listed individual. At the end of 2020, a Belarusian national w...
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-...
Austria: Prior Employment and Salary Classification
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently determined that an employee cannot retroactively receive credit for additional periods of work if adequate notice of these periods was not provided, despite proper notifi...
Austrian OGH: Applying Country-of-Origin Rules to Access User Data
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) recently examined the question of whether an Irish platform operator could be compelled to disclose information regarding a user who had disseminated personal data during a social media backlash....
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...
OGH Backs Competition Authority Search Powers
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently affirmed that the Austrian Federal Competition Authority (Bundeswettbewerbsbehörde, BWB) holds extensive powers when conducting searches under Section 12 of the Austrian ...
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...
KG Dissolution: Lack of assets alone is not sufficient
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a limited partner may be required to consent to the removal of a GmbH & Co. KG (Gesellschaft mit beschränkter Haftung & Compagnie Kommanditgesellsc...
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 ...
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