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ECJ: Banks May Lose Right to Costs for Bad Customer Information
European LawThe European Court of Justice (ECJ) has ruled that banks can lose their right to contractually agreed interest and costs if they fail to meet their information obligations in consumer credit agreements. In the case at hand, a Polish consumer had assi...
German BAG Rules on Payslip Format
Labour LawMay payslips be made available to employees only digitally or must they be snail-mailed as well? The German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG) recently had to address this issue. In the case at hand, the plaintiff works as a...
Passenger Rights: New Ruling on Flight Cancellations
Civil LawIn a recent ruling, the Vienna Commercial Court (Handelsgericht Wien) strengthened passenger rights in case of flight cancellations. In the case at hand, at short notice, a couple’s flight was cancelled with the airline citing exceptional circumstanc...
OGH: No Interim Injunction for Administrative Compensation Claims
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an interim injunction cannot be granted if the claim at issue can only be the subject of an administrative procedure and no judicial enforcement order is available. In ...
OGH: Failure to Disclose Relationship Forfeits Commission
Civil LawIn a recent ruling, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that estate agents lose their entitlement to a commission if they fail to disclose in writing and in good time any close family or business relat...
Austrian OGH on Warranty and the Right of Retention
Civil LawPurchasers are entitled to choose any legal remedy provided by warranty if the seller does not raise a valid objection. In the case at hand, in April 2021, the plaintiff had purchased an office container from the defendant. Shortly after delivery, th...
Austrian OGH on Dismissing Employees Unfit for Work
Labour LawPursuant to Section 42(2)(2) of the WrVBO 1995 (Wiener Vertragsbedienstetenordnung, Rules for contract staff in Vienna) an employer is entitled to dismiss an employee if the employee is unfit for work for health reasons. This is particularly the case...
Austrian OGH Rules on Cartel Fines
Competition LawIn one of its most recent rulings, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled on the amount of a fine to be imposed for the unauthorised implementation of a merger under the Austrian Competition Act. The purpose of such ...
EU Competition Law: Collective Actions Are Allowed
European LawThe European Court of Justice (ECJ) has ruled that national law must provide for a collective action to bring together the individual claims of victims of a cartel. National provisions that exclude collective actions for damages are contrary to EU la...
GER: Pre-Surgery Written Briefing is Insufficient
Civil LawWritten information about a medical intervention is not sufficient, according to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH). The part of the information that is relevant for patients to make an informed decision has to b...
Creditors Are Disadvantaged by Gratuitous Property Transfer
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that certain legal acts can be detrimental to creditors if any such acts reduce previously existing funds for the satisfaction of claims by increasing liabilities or...
Austrian OHG on Capitalisation and Running Costs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on two clauses contained in a tenancy agreement. In the case at hand, the plaintiffs are the tenants of a condominium apartment. In July 2020, they signed a provisional rent...
Austrian OGH on Insolvency Reorganisation Plans
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified important questions with regard to the conditions for the confirmation of reorganisation plans. In the case at hand, the creditors had accepted the debtor’s reorganisati...
EU: New General Product Safety Regulation in Force
European LawThe new EU General Product Safety Regulation has come into force on 13 December 2024 and is a further development of the existing law on product safety. When products are offered on the Internet, new comprehensive information requirements will apply....
Austrian OGH Ruling on Adding and Deducting Gifts
Civil LawIn order to facilitate the provision of evidence, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled in favour of compulsory heirs. In the case at hand, in 1997, the decedent, who eventually died in 2020, and his wife transferre...
GER: BGH Ruling on Early Loan Repayment Penalties
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled on the accuracy of information that must be provided when calculating early repayment penalties in consumer mortgage loan agreements. In the event of early re...
Austrian OGH on Rent Increase
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the circumstances in which an increase in the ‘actual rent’ (in Austria: Hauptmietzins) due to an indexation clause is invalid. In the case at hand, the tenant plaintiff ...
OGH: Trade Secrets Require Confidentiality Measures
Competition LawThe mere desire to keep something secret is not enough to assume that it is a secret requiring legal protection. Rather, there must be appropriate measures to maintain confidentiality on the part of the person in possession of the information. The pl...
Another ECJ Ruling on Working Time Recording
Civil LawIn a recent ruling, the European Court of Justice (ECJ) has decided that the obligation to record working time also applies to domestic workers. In the national case in question, a full-time domestic worker had challenged her dismissal before a Spani...
Austrian OGH on Media Law: Defendant Must Be Named
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently dealt with the question of whether the name of defendants must be mentioned in reports, pursuant to Section 37 (1) of the Austrian Media Act (Mediengesetz, hereinafter Me...
GER: Notary’s Liability in Compulsory-Portion Waiver
Civil LawIn the case at hand, the waiver of a compulsory inheritance portion was not concluded by the testator in person, but instead by a representative who did not have a power of attorney. The German Federal Court of Justice (Bundesgerichtshof, hereinafter...
EU Commission Proceedings – Can TikTok Win Elections?
European LawWould Romania’s annulled presidential election have turned out differently without TikTok? The platform is under suspicion of being insufficiently active in the fight against foreign influence in elections. Therefore, the EU Commission has opened for...
Austrian OGH on Regional Planning Contracts
Civil LawCompliance with regional planning contracts, in particular the right of proposal and consent, can be safeguarded, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified. In the case at hand, the plaintiff property developer ...
Austrian OGH on Litigation Notices in Land Registers
Civil LawIn Austria, the valid registration of a dispute in the land register under Section 61 of the GBG (Allgemeines Grundbuchsgesetz 1955, hereinafter GBG) has the effect that the judgment given in an ensuing action is also fully effective against those pe...
OGH on Enforcing Smart Meter Installation
Civil LawUtility network companies are not allowed to threaten to disconnect a customer’s utilities if customers refuse to have a smart meter installed on their property. This was recently decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinaft...
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