Usancen Blog
GER: Pharmacy Shop Opening Hours: Sunday Delivery Unlawful
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that it is unlawful for pharmacies to circumvent German shop opening laws by using a delivery service. In the case at hand, a pharmacist had closed his pharmacy to the...
Austrian OGH: Several Proceedings, One Insurance Payment
Civil LawIf insured events are connected in time and causation, the sum insured is only payed out once. This has been clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). In the case at hand, the plaintiff sought coverage under his...
Austrian OGH on Apartment Furnishing-Categories
Civil LawTenants can have the original furnishing category of their apartment officially evaluated even after the legal three-year preclusion period as stated in Section 16 (8) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) has expired. This...
BGH: Insurer May not Unilaterally Lower Coverage
Civil LawThe German Supreme Court (Bundesgerichtshof, hereinafter BGH) court has determined that insurance companies providing daily allowance benefits cannot unilaterally lower the insured per-diem rate in the event of a decrease in the policyholder’s net in...
ECJ Allows National Restrictions on Pharmaceutical Advertising
European LawThe European Court of Justice (ECJ) has ruled that Member States may, under certain conditions, allow or prohibit advertising for the purchase of prescription medicines. The case arose from a complaint by a Dutch mail-order pharmacy which offered var...
Austrian OGH on Misleading Price Advertising
Competition LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was called upon to determine whether the defendant company’s practice of advertising smartphones as costing ‘EUR Zero’ was permissible, despite the fact that the ...
Austrian OGH: Classification Changes of Co-Owned Properties
Civil LawA condominium owner who arbitrarily makes changes to the condominium without obtaining prior consent from the other owners and without the ruling of a judge in non-litigious procedure acts can be ordered in a litigious procedure to reverse the change...
GER: Travel Agencies Must Inform about Transit Visas
Civil LawOnline travel agencies must inform consumers about requirements for transit visas or other transit permits, the Higher Regional Court of the German city of Frankfurt am Main (Oberlandesgericht, hereinafter OLG) has ruled. If an online travel agent fa...
Austrian OGH: Does Windstorm Insurance Cover Landslides?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) clarified which earth movements fall under the term ‘landslide’. In the case at hand, a homeowners insurance contract between the plaintiff and the defendant had been concluded, which...
Austrian OGH on Price Reductions in Real Estate Purchases
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled on a claim for price reduction in a real estate transaction. In the case at hand, the plaintiffs had been the purchasers of the defendants’ basement premises in a 1915 building for the ...
OGH: Part-Time Reintegration v. Continued Employment
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that an agreement to return to work on a part-time basis does not automatically constitute a continuing employment relationship as defined by Section 24(9) of the Austrian C...
OGH on Securing Administrator Costs in Restructuring Proceedings
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that paying or securing the costs of proceedings is a mandatory requirement for confirming a restructuring plan as part of insolvency proceedings. A mere deferral is...
Austrian Supreme Court (OGH) on Irregular Easements
Civil LawA servitutem usus (right of use) can be established as an irregular easement, as can a servitutem fructus (right of fruition), provided that it is also connected with a more advantageous or convenient use of a property owned by the beneficiary and th...
GER: Negative Interest on Bank Deposits
Civil LawIn the past, customers at German banks had to pay interest for funds they kept in their bank accounts. Was this lawful? The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has now clarified in a landmark ruling: No, actually not....
Austrian VwGH on Updating eNotification Addresses
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has dealt with the question of the legal consequences with regard to official notifications if an individual’s email addresses for electronic notifications are not updated i...
VwGH: Unemployment Benefits Despite Marginal Employment
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled on whether an employee who continued to work for another employer on a marginal basis in addition to a fully insured job that had been terminated was entitled to u...
OGH on the Limits of Freedom of Expression
Civil LawSatire presupposes that the audience can understand that the object of parody did not originate from the producer of the parodied work but is a product of the parodist’s freedom of opinion. In the case at hand, the plaintiff, an Austrian political pa...
GER: Banks not Liable in Grandparent Scams
Civil LawIn grandparent scams, banks are not liable. This has been decided by the Higher Regional Court of Nuremberg, Germany. Only if there is massive suspicion of a risk to customers’ assets are banks obliged to warn and inform them. In the case at hand, wi...
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...
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