Usancen Blog
Austrian OGH: Are Pensions Subject to Post-Marital Division?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled that private pension products with a realisable economic value prior to retirement are generally subject to post-marital division. In the case at hand, the marriage...
GER: Anonymity and Trusteeships – Shareholders’ Rights to Information Strengthened
Data Privacy LawAlthough trusteeships are often intended to provide investors with anonymity, this desire is subject to clear limits under company law. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has re...
Austrian OGH: No Insurance Cancellation after Universal Succession
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that a policyholder who acquires ownership of a property partly through testamentary succession (e.g. a transfer agreement) and partly through universal succession (e.g. an ...
GER: Can Fines Be Used for Tax Reductions?
Tax LawCriminal fines are not work-related expenses. This was ruled by the German Federal Fiscal Court (Bundesfinanzhof, BFH). However, if a fine serves as compensation or if the proceeds of the crime are recovered as criminal assets, this is a different ma...
Austrian OGH: No ‘Simplified’ Property Separation of Garages
Civil LawThe applicant sought to divide her residential property, an apartment and a garage, into two independent property units, basing her claim on Section 56(1) of the 2002 Austrian Apartment Ownership Act (Wohnungseigentumsgesetz, 2002, hereinafter WEG 2...
Austrian OGH: No Compensation for Trauma after Plane Crashes into House
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the question of whether psychological distress following massive damage to property (in this case caused by a small aircraft crashing into a residential building) is eligib...
EU: Competition Potentials and Social Standards
European LawMembers of the European Parliament are calling for a more competitive European Union that prioritises social and labour standards. Key objectives include investing more in education and tackling rising housing costs. At the end of March, Members of t...
GER: Can Cryptocurrency Be Used as Form of Remuneration?
Labour LawThe issue of remuneration agreements in the context of cryptocurrency was recently addressed by the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). The court was tasked with determining whether a claim for commission stipulated w...
GER: 'v.de AG' not Eligible for Company Name Registration
Corporate LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has recently ruled that the company name 'v.de AG' cannot be entered in the commercial register as it lacks the distinctive character required under Section 18(1) of the German ...
Austrian OGH: Fraud Money Recovery Possible Despite Forfeiture
Criminal LawThe Austrian Supreme Court of Justice (Oberster Gerichtshof, hereinafter OGH) has ruled that a claim based solely on the law of unjust enrichment can justify participation in criminal forfeiture proceedings under Section 444(2) of the Austrian Code ...
Austrian OGH: Is Not Wearing a Helmet on an E-Bike Negligent?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on whether not wearing a helmet while riding an e-bike constitutes negligence. In the case at hand, in a pedestrian and cycle lane, the plaintiff riding an e-bike collided ...
OGH: Request to CJEU for Preliminary Ruling on Streaming Services
European LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has referred the question of whether the provision of streaming services constitutes the supply of ‘digital content’ to the CJEU. The plaintiff in the case at hand is an association ...
GER: Is Excessively Low Rent Contrary to Public Policy?
Civil LawAn apartment at an extremely low rent – this sounds like a dream for many tenants. In a recent case, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has clarified that the mere agreement of a low rent for a generously proport...
Austrian OGH on Asset Transfers by Guardianship Courts
Civil LawA legal transaction may only be approved by the guardianship court if the conclusion of the legal transaction is to the benefit of the person under guardianship as well as in their best interest. This is not the case if possible reductions in the per...
Austrian OGH on Resolutions by Owners’ Associations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ruled on the contestability of resolutions entered into by members of residential property owners’ associations. In the case at hand, the plaintiff had acquired co-ownership shares in...
Austrian OGH on Ticket Broker GT&Cs
Civil LawIn the case at hand, the defendant operates a ticket service throughout Austria. The plaintiff, a qualified association, objected to several clauses in the defendant’s general terms and conditions of business. Clauses 4 and 5 state that if the event ...
Austrian OGH on Trees Impairing Neighbouring Properties
Civil LawThe effects of the natural characteristics of a property must be tolerated by the neighbour whose property is affected. Effects of nature, which are not caused by human activities, but only by natural processes, cannot be averted by an action for tre...
Austrian VfGH: The ‘Orderer’s Principle’ Is Constitutional
Constitutional LawSince 1 July 2023, in Austria the ‘orderer’s principle’ (Bestellerprinzip) has applied to the letting of residential property. The Bestellerprinzip refers to a policy in Austria’s real estate market that whoever hires an estate agent to arrange a ten...
Austrian VwGH: No Fees Exemption for Hotel Leases
Administrative LawThe exemption from fees for residential leases pursuant to Section 33 TP 5 (4) no. 1 of the Austrian Fees Act (Gebührengesetz, hereinafter GebG) does not apply to the lease of hotel buildings. The Austrian Administrative Court (Verwaltungsgerichtshof...
Austrian OGH on Service Fee for Food Delivery Services
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to decide whether a food delivery service can charge a service fee. The defendant operates a delivery platform, consisting of a mobile app and a website. Through this platform, co...
Austrian VwGH: Tax Exemption Limit Is at 1,000 m2
Administrative LawThe tax exemption for the sale of a house including the plot of land according to Section 30 (2) of the 1988 Austrian Income Tax Act (Einkommensteuergesetz, hereinafter EStG) only applies to plot sizes ‘as would normally be required for a building s...
GER: BGH on Consumer Protection and GDPR Breaches
Competition LawA breach of data protection obligations to inform users of social networks about the scope and purpose of collection as well as use of their personal data by the operator of that network justifies claims for injunctive relief under competition law an...
Consumer Protection in Pro Sports: Basketball Player to Pay 1.6m?
European LawA contract clause that obliges a young athlete to pay a portion of his earnings if he becomes a professional athlete is clearly abusive. In the case at hand, the parents of the athlete, who had been a minor at the time, signed a contract with a compa...
Austrian OGH Bans Unlawful Loan Fee Clauses
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled several of a bank’s fee clauses invalid, including handling, reminder, and account management fees. In the case at hand, a consumer protection organisation, an association ...
Austrian VwGH: Double Jeopardy for Being both Vehicle Driver and Holder?
Administrative LawIs it permissible to impose two penalties on the same person at the same time, one for a violation of Section 102 of the Austrian 1967 Motor Vehicles Act (Kraftfahrgesetz 1967, hereinafter KFG) as the driver and one for a violation of Section 103 of ...
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