Usancen Blog
OGH: Gaming Operators Can Claim Back Payouts
Civil LawWhether a contract is null and void in absolute or relative terms depends on the purpose of the prohibition rule that was violated. The purpose of a prohibition enacted in the public interest requires absolute nullity within the meaning of Section 87...
OGH: Major Ruling on Rental Agreement Clauses (Part 7)
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 focussing on tenants’ ...
OGH: Warranty Claim despite Common Mistake
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to clarify whether sellers are entitled to raise the objection of common mistake if buyers make use of their right pursuant to Section 932(4) of the Austrian Civil Code (Allgemein...
EU: Unsuccessful Ryanair Action – AUA Loan Was Legal
European LawLaudamotion and Ryanair have now definitively failed in their case brought before the European Court of Justice (hereinafter ECJ). In its latest decision, the ECJ ruled that the Covid-19 aid granted to Austrian Airlines by the Austrian government (an...
OGH on Last Wills from Testators Who Are ‘Unable to Read’
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the conditions under which the special form of a last will and testament as described in Section 580(2) of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ...
OGH: Major Ruling on Rental Agreement Clauses (Part 6)
Civil LawThe first part of a rather extensive and practice-relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the sixth part of the judge...
GER: Property Pictures for Ads Require Tenant Permission
Data Privacy LawAn estate agent needs the consent of the property’s tenant(s) if the agent would like to use photos of the property for advertising purposes. Under the General Data Protection Regulation, such pictures are considered personal data. According to the G...
ECJ: Travellers May Sue in Court of Their Domicile
European LawConsumers travelling abroad have the right to sue their tour operator in the courts of their place of residence, the European Court of Justice (hereinafter ECJ) has ruled. This applies even if the tour operators and the consumers live in the same Mem...
OGH: Information and Clarification Rules for Collaterisation Agreements
Civil LawSections 25c and 25d of the Austrian Consumer Protection Act (Konsumenschutzgesetz, hereinafter KSchG) provide for protective provisions for co-debtors. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on whether ...
OGH on Supermarket Safety Requirements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has pointed out that it is not possible to demand the elimination of all risks and hazards when assessing whether a supermarket has fulfilled its duty to ensure public safety. The pla...
OGH on ‘Conflicting' Works-Contracts
Civil LawA contract for work and services (in Austria referred to as a Werkvertrag) is said to be ‘conflicting’ if a specific execution of the work is agreed upon, but due to certain circumstances the job is not performed suitably in fulfilling the (at least ...
EU Competition Law: 14 Portuguese Banks Exchanged Information
Competition LawFor more than 10 years, 14 Portuguese credit institutions have been exchanging information with each other. This could constitute a restriction of competition by object, according to a Portuguese national court. The case has been referred to the Euro...
GER: Must Sports Betting Operators Refund Lost Stakes?
Civil LawIllegal sports betting: The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether the presumption of invalidity of betting contracts due to lack of a licence could infringe the freedom to provide services under EU la...
OGH: Major Ruling on Rental Agreement Clauses (Part 5)
Civil LawThe first part of a rather extensive and practice-relevant clause ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the fifth part of th...
EU: Insufficient Public Access to COVID-19 Vaccine Purchase Agreements
European LawThe European Commission only partially disclosed its COVID-19 vaccine purchase agreements concluded with certain vaccine manufacturers. In particular, the provisions on compensation in these contracts as well as the declarations on the absence of con...
Basel Committee Tightens Cryptoasset Standards
Civil LawThe Basel Committee on Banking Supervision has finalised targeted amendments to its standard on banks’ exposures to cryptoassets. The Committee, along with targeted amendments to its cryptoassets standard published in December 2022, has recently publ...
GER: Legal Costs Should Not Only Fall on the Losing Side
Civil LawA reform of the German Condominium Act will now cause that legal costs imposed on the losing condominium owners’ association in a declaratory action shall be considered to be administrative costs and are to be apportioned according to the general for...
OGH: Major Ruling on Rental Agreement Clauses (Part 4)
Civil LawThe first part of a very extensive and practice-relevant clause decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter of 19 July 2024. This week, USANCEN devotes its attention to the fo...
OGH: Does Section 74 NO Apply by Analogy to Judicial Wills?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined whether a testator can demand the delivery of a will that has been approved by a court. In 2006, the plaintiff had deposited a testament in writing with the court of firs...
OGH on Exclusion of Warranty for Used Cars
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified whether consumers who sell a second-hand car are also responsible for the roadworthiness and operational safety of the car. In 2019, the plaintiff bought a car over ten ...
OGH: Major Ruling on Rental Agreement Clauses (Part 3)
Civil LawIn recent issues of the USANCEN Newsletter we have been publishing excerpts of an extensive decision by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the third part...
GER: Application for Reinstatement – No Success for Inconsistent Argumentation
Procedural LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was asked to decide on the admissibility of an application to reopen a case. If a plaintiff instructs their lawyer to file an application for reinstatement on the grounds that t...
GC: ByteDance (TikTok) Fails for good
European LawDigital Markets Act (DMA): ByteDance remains a gatekeeper. The action for annulment brought by the operator of social network TikTok has finally failed before the General Court of the European Union. The DMA is an EU regulation that has the aim of en...
CJEU: McDonald’s Loses Chicken BIG MAC Trade Mark
European LawThe Court finds that McDonald's has not demonstrated genuine use for certain goods and services for an uninterrupted period of five years BIG MAC as an EU trade mark was registered in 1996 and belongs to McDonald’s. In 2017, Supermac’s, an Irish fast...
GER: Can Time-Barred Claims for Damages Be Offset against the Deposit?
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to decide whether a landlord’s time-barred claims for damages could be offset against the tenant’s claim for repayment of the deposit. In principle, a claim for damage to re...
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