Usancen Blog
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Electronic Notices Sent to Outdated Email Addresses Are Invalid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...
Criteria for the Recognition of Rehabilitation Measures
Labour LawAustria’s Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with evaluating the circumstances under which claims to rehabilitation measures and related benefits within the statutory social insurance scheme may be granted. The Court foc...
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: Information Obligations of Booking Platforms
Competition LawThe 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 ...
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...
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