Usancen Blog
OGH: Is a One-star Rating Legally an Insult?
Civil LawOne-star ratings are purely subjective as well as unverifiable value judgements that can only be right or wrong based on the personal opinion of the person giving the rating and thus only reflect the obviously subjective view of that individual. In t...
OGH: Copyright Restrictions for Video Publications
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the commercial use of private videos by public broadcasters. The plaintiff is a freelance journalist and regularly documents public demonstrations with video and audio re...
EU: Notarising Russian Purchase Agreements in Breach of Sanctions?
European LawNotarising the purchase of real estate by an unlisted Russian company does not constitute a breach of the ‘Russia Sanctions’. The act of notarisation does not constitute a legal advisory service, according to the European Court of Justice (ECJ). A no...
GER: Rashly Renouncing Your Inheritance – Tough Luck?
Civil LawIf you make a mistake and decide to renounce your inheritance early on, can you still inherit? The Frankfurt Higher Regional Court (Oberlandesgericht, hereinafter OLG) had to deal with this question. In the case at hand, the daughter had refused her ...
OGH on Legality of ‘Chain Employment’ Contracts
Labour LawFixed-term employment relationships (so-called chain employment contracts) are only lawful if the succession of individual employment contracts concluded for a fixed period of time is justified for individual cases by special social or economic reaso...
OGH: Major Ruling on Rental Agreement Clauses (Part 11)
Civil LawBeginning on 19 July this year, in our newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. Today, we are featuring the eleve...
EU: Android Auto Platform May Be Anti-Competitive
European LawGoogle could potentially be under an obligation to grant third parties access to its Android Auto platform. According to Advocate General, Laila Medina, Google’s outright refusal to grant access to Android Auto may be in breach of antitrust rules. Go...
CJEU on Merger Control and EU Commission Powers
European LawIn its latest ruling, the European Court of Justice (CJEU) addressed the EU Commission’s powers to control mergers. The case at hand is about the acquisition of Grail LLC, a US company active in the development of blood tests for the early detection ...
GER: Can Individuals with Dementia Make Wills?
Civil LawUp to what degree of dementia is it still possible to make a valid last will and testament? This question was considered by the District Court of Frankenthal, Germany. The executor of the will of a deceased woman had brought an action in an expedited...
OGH: Calculation of Compulsory Portion for Inherited Apartments
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to consider the question of how to calculate the claim of other compulsory-portion beneficiaries in the case where a beneficiary who, as co-owner of the testator’s apartment, now ...
GER: Less Paper, More Flexibility for the Criminal Justice System
Criminal LawThe German justice system is becoming increasingly digital. Electronic communication is now to be made easier in the criminal justice system as well. Citizens will be able to file criminal complaints online or be part of proceedings via video confere...
GER: No Appeal Success – Court to Provide Information
Procedural LawCan an appeal procedure be too fast? The German Federal Court of Justice (Bundesgerichtshof, BGH) had to deal with this question because a higher regional court had dismissed an appeal even before receiving the statement of grounds for appeal. The ca...
OGH: Covid Bonus for Temp Agency Workers
Labour LawThe EU’s Temporary Agency Work Directive came into force on 5 December 2008, establishing the principle of equal treatment between temporary agency workers and employees of user companies. According to Art. 5(1) of the Directive, the basic working co...
OGH: Major Ruling on Rental Agreement Clauses (Part 10)
ZivilrechtBeginning on 19 July this year, in our newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. Today, we are featuring the tenth...
OGH: Continuation of Pay after Termination
Labour LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), if an employee is ill when they leave the company, the employee retains their full entitlement to the unused portion of the continued salary paid in the current year. In...
OGH on Child Maintenance after Separation
Civil LawWhat happens to child maintenance payments if the payer simply moves out of the household? The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently had to deal with this question. In the case at hand, the father moved out on 10 Sep...
GER: Can an Address Sticker with an Arrow Symbol Constitute a Will?
Civil LawWhen are the requirements for the written form of a hand-written will properly complied with? According to the Higher Regional Court of Munich, this is not the case when a will consists of an address sticker on an envelope. In 2022, the testator died...
GER: BGH on the Intelligibility of Insurance Contracts
Civil LawIn the event of an illness, insured persons have an interest in knowing exactly what is covered by their health insurance policy. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has now considered an exclusion clause in the g...
OGH: Major Ruling on Rental Agreement Clauses (Part 9)
Civil LawIn recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the ninth pa...
EU: ECJ to Transfer Jurisdiction to General Court
Civil LawThe European Court of Justice (ECJ) is overburdened with work. For years, it has had to deal with numerous preliminary ruling requests. That is why, as of October, the General Court will take over responsibility for preliminary rulings in six specifi...
OGH on Establishing Easements
Civil LawThe title to an easement is, in principle, a contract that can be concluded not only by express agreement but also by an implied agreement within the meaning of Section 863 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ...
OGH on Jurisdiction of Ordinary Courts in Arbitration Cases
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed, following the prevailing view in legal literature, that a claim for a declaratory judgment on the existence or non-existence of an arbitration agreement is inadmissible...
OGH: Major Ruling on Rental Agreement Clauses (Part 8)
Civil LawIn recent issues of the USANCEN newsletter we have been publishing excerpts from an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the eighth p...
GER: What Condition Can Buyers Reasonably Expect a Flat to Be in?
Civil LawWhen buying a property, it can happen that defects become obvious only after the fact. But not every defect in the property that you buy is legally a defect. In one of its most recent rulings, the German Federal Court of Justice (Bundesgerichtshof, h...
GER: Cutting back Greenery is Owners’ Responsibility
Civil LawCountry cycling is great, but it shouldn’t make people ‘see green’. If branches and shrubs from properties extend into cycleways, the owners are obliged to cut them back. In the case at hand, shrubs and branches on the plaintiff’s rural property over...
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