Usancen Blog
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...
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 ...
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