Usancen Blog
Notification of a Fine Needs an Addressee
Administrative LawAccording to the established case law of the Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH), a decision is only legally effective if, among other things, it names a clearly defined addressee. If this is missing, there is no ...
VwGH: Entry of Foreign Academic Degrees in Passports
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) addressed the issue of whether it is essential for the entry of a title awarded in an EU member state as an academic degree in a passport that this title is recognized by th...
Basic Subsistence Level after Insolvency: Future Care Costs
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the issue of when a debtor’s minimum subsistence level can be raised during insolvency proceedings, considering anticipated future care and support costs. During debt settle...
Austrian OGH Upholds Virtual AGMs and Shareholder Rights
Corporate LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the challenge of resolutions from a virtual general meeting that a shareholder contested due to alleged formal deficiencies and legal violations. The ma...
Real Estate Transfer and Income Tax Changes Effective July 1, 2025
Tax LawThe Austrian legislature's 2025 Budget Accompanying Act (Bundesbegleitgesetz, hereinafter BBG) tightens real estate transfer tax rules for share deals. Starting July 1, 2025, a reclassification surcharge could apply to real estate income tax. This ar...
GER: Contractual Penalties after Withdrawal from Contract
Civil LawA customer’s withdrawal from a property development contract generally does not preclude a claim against the property developer for payment of a previously agreed-upon contractual penalty. This has recently been decided by the German Federal Court of...
Property Valuation Requires Checking Construction Documents
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that a professional valuation of a property must include checking access to the construction documents In his will dated August 2017, the father of the parties ...
Data Protection Authority: Right to Dismiss Excessive Requests?
Data Privacy LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) dealt with the question of when the Austrian Data Protection Authority (Datenschutzbehörde, hereinafter DSB) may reject requests in accordance with Article 57 (4) of the Gen...
Consumer Protection: Unfair Contractual Terms for Athletes?
European LawThe Unfair Contract Terms Directive in consumer contracts states that contract terms concerning the main content and the price and remuneration adequacy must be drafted in plain, intelligible language, otherwise, they are considered unfair. In the ca...
Auditor Liability Confirmed by Austrian OGH
Corporate LawThe liability of auditors in connection with contributions in kind continues to raise complex legal questions, particularly in the context of capital measures involving corporations. In a recent decision, the Austrian Supreme Court (Oberster Gerichts...
CJEU: Disclosure of Personal Data by Public Authorities
European LawThe processing of personal data in the context of official documents frequently raises questions about the scope of the General Data Protection Regulation (GDPR). The CJEU once again had the opportunity to clarify the conditions and limits of lawful ...
Value Guarantee: Review of Basic Rent in Non-Contentious Proceedings
Civil LawAccording to Austrian general civil law criteria, the validity of a value guarantee agreement is not subject to review in non-contentious proceedings under Section 37(1)(8) of the Austrian Tenancy Law Act (Mietrechtsgesetz, hereinafter MRG). As a pre...
GER: Right to Deletion after Incorrect Commercial Register Entry
Corporate LawThe subjective rights of the shareholder are not affected by an incorrect entry in the commercial register. Deletion is not a right. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) referred the shareholder concerned to the ci...
Voluntary Oaths: Austrian OGH Clarifies Creditor’s Standing as a Party
Civil LawIn principle, a debtor with a valid obligation must be willing to fulfil their obligation in order to avoid the creditor initiating enforcement proceedings. Voluntary oath requested by debtor In a compulsory inheritance portion lawsuit, the applicant...
GER: Consumer Protection for Sole Shareholders?
Corporate LawWhen does a sole shareholder of a limited liability company (GmbH) undertaking joint and several liability for the company’s liabilities qualify as a consumer? Are they then entitled to the protective mechanisms of consumer loan law? These questions ...
Care Legacy: Austrian OGH Clarifies Meaning of ´Care`
Civil LawAccording to Section 677 (1) of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a person close to a deceased individual, who has cared for the deceased to a not merely insignificant extent in the three years prior to ...
TOIL Agreements: Austrian OGH Limits Employees Rights to Withdraw
Labour LawA works council brought an action against a hospital with the aim of establishing that employees may withdraw from the time-off-in-lieu (TOIL) agreement in the event of illness. The employer argued that time off in lieu merely represents a redistribu...
Austrian OGH: Pastoral Assistant Can be Fired after Reporting a Crime
Labour LawChurches and religious societies are also subject to the general laws of the state. However, the provisions of Part II of the Labour Constitution Act (ArbVG) do not apply to companies that serve the denominational purposes of a legally recognized chu...
Austrian OGH: No Recoverability of Non-Use Lease Payments
Civil LawFrustrated expenses are only those expenses that were not caused by the loss event itself, but have become useless as a result of it In 2021 in the case at hand, the plaintiff had purchased a car from the defendant. The purchase price was financed by...
Austrian OGH: Late Temination Notice of Tenancy Takes Effect Asap
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a late notice of termination by the tenant was effective, and whether Section 33(1) sentence 2 of the Austrian Tenancy Act (Mietrechtsgesetz...
Austrian OGH on Mandatory Translation Fees
Competition LawIn antitrust proceedings, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a request for a review of the law to the Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH). The request seeks the repeal ...
Austrian OGH: No Compensation for Lake Property Lease
Civil LawIn the case at hand, compensation was sought by the claimant because an existing lease agreement for shared use rights to the property had been terminated by the buyer of a lake property. This lease agreement had originally been concluded in 1963 bet...
German BGH: Implied Utility Contracts for Single-Room Rentals
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that, when individual rooms in an apartment are rented out under separate agreements and there is only one shared electricity and gas meter, the contract from the ...
Austrian OGH: Country of Origin Principle under E-Commerce Directive
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred a question on the E-Commerce Directive to the CJEU for a preliminary ruling. In the case at hand, the plaintiff was operating bookshops in Austria and also has an associa...
Austrian VwGH on Tax Deductibility of Donations
Administrative LawAccording to Section 18(8)(1) of the Austrian Income Tax Act (Einkommenssteuergesetz, hereinafter EStG), donations are only eligible for tax deductions if the taxpayer’s personal data is disclosed to the recipient of the donation. Additionally, the r...
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