Austrian OGH: Receiving Dunning Notices After Address Change

Nov 28, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a formal dunning notice requiring receipt under Section 39 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG) is considered officially delivered when sent to the recipient’s last known address provided to the insurer, regardless of whether the recipient still resides at that location.

Declarations of intent must reach the recipient’s sphere of control

An official dunning notice pursuant to Section 39 of the VersVG constitutes a declaration of intent that must be received by the insured party; its legal effect arises only upon receipt in accordance with Section 862a of the Austrian General Civil Code (ABGB).

Pursuant to the Receipt Theory of European contract law, a declaration of intent is considered received by the addressee once it has been delivered to a location where, under ordinary circumstances, the addressee would be expected to become aware of it. Accordingly, any impediments to receiving the declaration must fall within the sphere of the addressee’s control.

Delivery was successfully completed to the prior address

In the original case, the plaintiff had moved away from the address given to the insurance company before the dunning notice was delivered. The OGH upheld that the lower courts’ interpretation of the law fell within their granted discretionary powers.

Since the previous co-tenant, who agreed to pass on the plaintiff’s mail, received the reminder at the address given to the insurance company, it was considered received by the plaintiff. This is because, given the overdue insurance premium, the plaintiff should have anticipated reminders and made arrangements to receive them.

OGH 7 Ob 95/25h (25 September 2025)