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OGH: No Price Change Notifications for Floating Rate Plans
Civil LawEnergy suppliers are not obliged to inform customers in advance of changes to flexibly calculated gas prices in floating rate plans, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled. Since 2009, the claimant and the defend...
OGH: Ineffective Clause in Rental Contracts
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared the following clause in tenancy agreements invalid: ‘Any electrical appliances (electric cooker, cooker hood, dishwasher, refrigerator/freezer) must be returned to the la...
OGH: Sexual Harassment Justifies Immediate Dismissal
Labour LawAn employee can be dismissed without prior warning if they engage in verbal sexual harassment, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled. The plaintiff is a disabled person within the scope of the Austrian Disabled ...
OGH on Rent Increase for Maintenance Work
Civil LawAccording to Section 3(2) no. 1 or no. 5 of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG), insulating the roof may, in principle, constitute maintenance work. Accordingly, if there is a shortfall in coverage, an increase in principal r...
GER: BGH Ruling on Vintage Car Warranty
Civil LawEven when a warranty is fully excluded, the seller remains responsible for maintaining the agreed-upon quality. The German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that a seller of a vintage car cannot advertise the veh...
ECJ on the Loss of EU Citizenship
European LawIn its latest ruling, the European Court of Justice (ECJ) has ruled that EU law does not in principle preclude the automatic loss of German citizenship when a person regains citizenship of a third country. However, a case-by-case assessment of the co...
Stability and Growth Pact: New Rules for EU Debt
European LawNew rules for member states’ public debt and budget deficits: The EU Council of Ministers has finalised a reform of the Stability and Growth Pact (SGP). The following article briefly discusses what’s included in the reform and the new rules governing...
OGH on Limitation Periods under Collective Agreements
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the limitation periods under collective agreements also apply to the statutory right to the transmission of work records under Section 26(8) of the Austrian Working...
OGH on the Applicability of the Inheritance Act
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the analogous applicability of the Austrian Inheritance Act (Anerbengesetz; hereinafter AnerbenG) in favour of persons who do not belong to the group of legal heirs. The ...
EU: Legislation Prohibiting Goods Produced through Forced Labor
European LawThere will be no more products from forced labor in the EU. Recent legislation, which has been approved by the European Parliament, will allow the EU to implement a ban on the sale, import, and export of goods produced through the exploitation of for...
GER: Architects' Liability for Faulty Advice on Energy Subsidies
Civil LawIf an architect advises their clients on how to renovate a building to make it more energy-efficient, and the architect not only provides information concerning technical aspects but also with a view to obtaining subsidies, the architect is liable fo...
OGH on Accident Insurance Coverage for Pre-existing Conditions
Civil LawPre-existing illnesses and infirmities lead to reduced benefits in the event of insured accident injuries. The applicant in the case at hand suffers from atypical Parkinson’s disease. This is a neurodegenerative disease that can lead to an increased ...
GER: BFH Rules on Second-Residence Taxes for Dual Households
Tax LawThe German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has ruled that in the case of dual households, second-residence taxes cannot be filed as deductible expenses. Rather, they form part of the costs of using a residence and are directly...
OGH: COVID-19 Rent Reduction for Swingers Clubs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that, due to the obligation to wear FFP-2 masks, it was not possible to use a property in accordance with its agreed contractual purpose of operating a swingers club and...
EU: MEPs Approve the New Migration and Asylum Pact
European LawThe European Parliament has recently had a go at its new migration and asylum pact. The main aim is to reduce the burden on local authorities. Faster processing of asylum applications and swifter return procedures to the countries of origin is the ma...
OGH on the Abuse of Divorce Rights
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a repeated marriage and divorce from the same spouse constitutes an abuse of rights. Among other things, the exercise of a right is considered to ...
OGH on Ski-Slope Operators’ Safety Obligations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that ski run operators must protect customers against atypical dangers. These include obstacles that are not easily recognisable by skiers or that are difficult to avoid, ev...
OGH on Redemption of First Refusal
ZivilrechtA redemption offer must provide the holder of the right of first refusal with at least a minimum of information necessary to decide whether to exercise this right, according to the case law of the Austrian Supreme Court (Oberster Gerichtshof, hereina...
ECJ Ruling on Reimbursement for Cancelled Flights
European LawThe European Court of Justice (hereinafter ECJ) has recently ruled on the question of if a passenger who has already received a voucher for the cost of an air ticket due to a cancelled flight can still claim a financial refund. A passenger had a book...
OGH: Limitation Periods for Revocation of Prenup-Like Gifting
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the right to revoke a gift made with a view to a future marriage (prenup-like gifting) after divorce is time-barred after 30 years. The dispute in the case at hand conc...
EU: Amazon Loses Legal Challenge of DSA Regulations
European LawAmazon is required to make a public ad repository publicly available online. The US online retailer recently lost its case before the European Court of Justice (hereinafter ECJ). Amazon Services Europe is part of the Amazon Group. Its business activi...
BGH: Managers’ Personal Data in Commercial Registers
Corporate LawAccording to the German Federal Court of Justice (Bundesgerichthof, hereinafter BGH), listing personal data of managing directors in the commercial register must be tolerated. Neither under national law nor under the GDPR is there a right to data del...
GER: Condo Owners’ Revamp Costs Only for Beneficiaries?
Civil LawUnder what conditions can any costs for renovation work done on a common property be charged only to the individual owners who benefit from the renovation work? This has been the subject of a recent ruling by the German Federal Court of Justice (Bund...
OGH: Avoidability Based on Mistake after Purchase of Damaged Car
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the avoidability of a purchase contract based a breach of the duty of information. The scope of the duty to inform depends on the subject of the contract and a buyer’s p...
OGH: Pupil Injured during After-School Care – Who Is Liable?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dealt with the liability privilege mentioned in Sections 333 ff of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter ASVG). Only if the ...
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