Deposit Protection: OGH Asks ECJ for Preliminary Ruling

Feb 5, 2026 Benn-Ibler Rechtsanwälte

Does the Deposit Protection Directive (2014/49/EU) mean that deposits held by a housing association structured as a limited liability company (GmbH), which come from the sale of an apartment by the association to a private individual, should be considered deposits resulting from real estate transactions related to privately used residential real estate?

The defendant is the body set up under the Deposit Guarantee and Investor Compensation Act

(Einlagensicherungs- und Anlegerentschädigungsgesetz, hereinafter ESAEG) to insure bank deposits. The second plaintiff is a non-profit company that provides affordable housing for rent.

Deposit protection: Credit institution declared insolvent

In the case at hand, the first plaintiff had bought a condominium from the second plaintiff for a total of EUR 167,600, paying the entire amount into a trust account set up by the trustee at a bank. On 14 July 2020, the matter was forwarded to the defendant, who, at the end of August 2020, transferred EUR 100,000 to a new trust account designated by the trustee.

The plaintiffs asserted that this constituted a deposit protected for a specified duration, refundable up to EUR 500,000, pursuant to Section 12(1)(a) of the ESAEG.

The main issue concerns the interpretation of the ESAEG

The validity of the second plaintiff’s claim hinges on whether her deposit in the trust account—which facilitated settlement of the flat purchase between the first and second plaintiffs—is protected up to EUR 500,000. The key consideration is whether the deposit arises from a real estate transaction in connection with privately used residential property.

Because article 6(2)(a) of the Deposit Guarantee Directive is central to this case, the OGH referred it to the ECJ for a preliminary ruling.

OGH 6 Ob 193/24m, 18 December 2025