Usancen Blog
GER: Bundestag Poised to Introduce Commercial Courts
Procedural LawThe German Bundestag (federal parliament) has passed a bill that will allow German federal states to set up commercial courts. These courts will be able to hear first-instance commercial cases with a value of EUR 1 million or more, provided that the ...
ECJ on Collective Redundancies When Company Owners Retire
European LawThe owner of a company went into retirement, leading to collective redundancies. Under Directive 98/59/EC, business owners have an obligation to notify the competent public authorities as well as workers’ representatives of planned collective redunda...
OGH: Property Managers Not Liable for Lost Rental Income
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that property managers are not liable to apartment owners for loss of rental income if the latter are unable to rent out the apartment as a result of water damage to the apa...
OGH: Major Ruling on Rental Agreement Clauses (Part 2)
Civil LawIn the last issue of the USANCEN Newsletter we published the first part of an extensive decision of the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) fraught with practical implications. This week, we are featuring the second part of...
OGH: All Flavour, No Fruit in Misleading Juice Ad
Competition LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that using flavouring in soft drinks is misleading if consumers would expect real fruit juice judging from the packaging. The defendants manufacture and market a sof...
OGH: Major Ruling on Rental Agreement Clauses (Part 1)
Civil LawThe Austrian Chamber of Labour has taken a commercial landlord to court on the grounds claiming that no fewer than 44 (!) clauses in their rental agreements were unlawful. Many of these clauses were now declared invalid by the Austrian Supreme Court ...
ECJ: Can ‘Floor Clauses’ Be Challenged by Collective Action?
European LawMinimum interest clauses (‘floor clauses`) can be fully reviewed by means of a class action, the European Court of Justice (ECJ) has stated in a preliminary ruling requested by a Spanish court. A Spanish consumer protection organisation has filed a c...
GER: Online Retailing – Smartphones with Free Gifts
Civil LawIn online retailing, a purchase contract for the main product is deemed to have been concluded when the seller sends a free gift together with the main product order by the customer. This has been decided by the Higher Regional Court of Frankfurt am ...
GER: Bundesgerichtshof on Cancellation of Insurance Contracts
Civil LawConsumers do not have the right to cancel insurance contracts concluded away from business premises. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), there is no obligation for Germany under EU law to provide for...
GER: Online ‘Order Buttons’ Must Show all Charges
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled on online order-buttons: In online sales, consumers must be able to see on the screen where the order button is located which services they have to pay for. A woman ha...
OGH: Multistage Action Permissible in Void Gaming Contracts
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that providers of illegal online gaming services can be obliged to provide certain information. Whether or not the request for information is justified depends, amon...
ECJ: More Time for Pregnant Employees to Challenge Dismissal
European LawThe European Court of Justice (ECJ) has been asked to rule on the time frame pregnant women have to contest being dismissed, in order to comply with the EU Directive on pregnant workers (Directive 92/85/EEC). The plaintiff had been employed by the de...
OGH: Benefits Claim Takes Priority over Declaratory Relief
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) as clarified that a claim for declaratory relief regarding a different agreement in a unit-linked life insurance policy is not permissible if the repayment of premiums could already h...
OGH Rules on Photograph Copyrights
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on whether ‘simple’ photographs also benefit from copyright law. The plaintiff was the author of an article for a commemorative publication, in which he had include...
OGH: Ticket Agent Service Fee Is Legal
Civil LawIn the case at hand, the plaintiff, an organisation legally entitled to sue, challenged the following two clauses in the general terms and conditions of the defendant ticket agent. The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) ru...
ECJ: Damages for Suspected Data Misuse?
Data Privacy LawStrengthening the rights of consumers, the European Court of Justice (ECJ) has once again ruled on non-material damage under the General Data Protection Regulation (GDPR). The plaintiffs in the original case were clients of a tax advisory firm and ha...
OGH: Preliminary Ruling on Air Traffic Control Services
European LawThe European Court of Justice (ECJ) will soon hear a case between a plaintiff airline and the defendant Republic of Austria concerning claims for damages against the State. The plaintiff is an airline based at Vienna International Airport and uses th...
OGH on the Issuance of Arrears Certificates
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has emphasised that a court must examine whether a creditor has the right to issue certificates of arrears in respect of the claim which is the subject of the respective proceedings. ...
OGH on Insurance Interest: Watch What You Claim!
Civil LawSubsequent invalidity of contractual clauses is precluded by withdrawal from a contract. This was clarified by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) in connection with a consumer’s late withdrawal from a life insurance po...
OGH on the Purpose of Data Protection Laws
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the protective purpose of the Data Protection Act does not extend to the right to claim damages from the responsible party for a justified refusal to pay an insuran...
OGH on Bus Drivers’ Night Pay
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that bus drivers have a right to a night work bonus even if their night work is less than one hour. The plaintiff was in employment with the defendant as a bus driver for 20...
Binding Force of Refugee Status: ECJ Ruling
European LawThe European Court of Justice (ECJ) has recently ruled: Refugee status as granted by another EU country cannot be ignored. However, according to the ECJ, a Member State is not obliged to automatically recognise a refugee status granted by another Mem...
OGH: Is an Inheritance of an Estate under Probate Valid?
Civil LawIn the case of succession in possession, the old and the new owner agree that the property of the acquirer will be transferred to another person, the successor in possession, when a condition is fulfilled, or that there is at least an obligation to t...
New Austrian Bill on Group Action Claims
Procedural LawThe Austrian Federal Ministry of Justice has presented the government bill draft for the implementation of the long overdue Group Actions Directive (Verbandsklage-Richtlinie). A new Qualified Entities Act (Qualifizierte-Einrichtungen-Gesetz, hereinaf...
OGH: Joint and Several Liability of Online Shitstorm Posters
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has made it clear that those participating in an online shitstorm can expect to have to pay compensation for the whole of the damage caused. In the case at hand, the plaintiff is a po...
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