Class Action: Procedural Rules for Redress

Mar 5, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently reviewed the procedural requirements pertaining to the definition of ‘essentially similar circumstances.

Imposition of a processing fee

The plaintiff is an acknowledged qualified entity for handling domestic class action lawsuits. The defendant, a credit institution, provides loans to consumers and imposes a processing fee.

The plaintiff asserted that the consumers identified in the annex to the action had each paid a processing fee without receiving specific consideration. The defendant's clause was alleged to be significantly disadvantageous to the consumers.

The court of first instance dismissed the claim, determining that the factual circumstances were not substantially similar. The consumer credit agreements in question had been issued for varying purposes and amounts, and the applicable processing fees were subject to different regulatory frameworks. In certain instances, a fixed fee was agreed upon, whereas in others, the fee was calculated as a percentage. Consequently, a uniform adjudication of all claims was deemed unfeasible.

The appellate court determined that the underlying nature of the claims—regardless of differing credit agreements, amounts, or terms—was immaterial to its assessment. Nevertheless, the plaintiff failed to provide justification for the comparability of the cases.

The OGH declined to sustain the plaintiff’s appeal.

A class action seeking relief requires a detailed petition from a minimum of 50 consumers, arising out of substantially similar situations, directed toward the same entrepreneur.

The procedure requires essentially similar circumstances

A distinct procedural requirement applies to class actions seeking relief. The statement of claim must detail the common factual elements forming the basis of the relevant legal relationships. Determining whether these facts are essentially similar’ is a legal issue addressed by the court during preliminary examination, utilising the information contained in the statement of claim.

The objective of efficiently enforcing consumer claims in mass proceedings can be realised only when a class action for redress is founded upon claims arising from substantially similar circumstances.

OGH 9 Ob 111/25a (27 January 2026)