Usancen Blog
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 ...
OGH on Reimbursement of Training Expenses
Labour LawIn the context of a labour law dispute, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently upheld the validity of repayment agreements for pre-financed training. The claimant in the case at hand had requested EUR 56,666.5...
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...
Austria: OGH Ruling on Intra-Group Short-Term Deposit Refund Bans
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) determined that an intra-group short-term deposit of EUR 46 million may constitute a prohibited repayment of deposits if the arrangement does not adhere to arm’s length standards and is primarily...
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...
Limits for Abusive GDPR Requests
Data Privacy LawIn the case at hand, a person living in Austria had signed up for a German optician’s newsletter by entering personal information into the company’s online registration form. Several weeks later, the individual contacted the optician's shop to reques...
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...
OGH: Amendments to the Austrian Income Tax Act
Tax LawThe Austrian parliament has authorised tax relief measures for overtime work and employment during public holidays. Public holiday work: Tax-exempt up to EUR 400 per month Employers have often handled pay for work done on public holidays inconsistent...
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...
Accidents During Return Home Not Covered by Insurance
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delivered a decision about when insurance coverage begins after leaving one’s place of work. Plaintiff sought recognition of the accident as an occupational injury The plaintiff i...
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...
One-year deadline for data protection complaints
Data Privacy LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) reviewed whether the one-year deadline specified in Section 24(4) of the Austrian Data Protection Act (Datenschutzgesetz, hereinafter DSG) under national procedural law alig...
Salary Arrangement for Parental Part-Time Employment
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the calculation of all-in salaries when employment contracts do not specify the allocation for overtime and additional hours during parental p...
ECJ Strengthens Airline Rights
European LawIn preliminary ruling proceedings, the European Court of Justice provided an interpretative response to the inquiry submitted by the Supreme Court. The issue under consideration was whether EU air traffic control regulations are designed solely to pr...
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...
Invalid Termination – Employment Continues
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on the termination of the employment contract of a plaintiff who was a beneficiary of the Austrian Disability Employment Act (Behinderteneinstellungsgesetz, hereina...
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