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Maintenance Not Tied to EU Residency Status
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing whether third-country nationals under the age of eighteen relinquish their entitlement to advance maintenance payments upon obtaining a permanent EU residenc...
Top Prize on Scratch Cards – Who Wins?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has determined that having the 5,000 symbol three times on a scratch card does not automatically entitle the holder to the top prize. When a scratch card comprises multiple distinct games—such as...
Class Action: Procedural Rules for Redress
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently reviewed the procedural requirements pertaining to the definition of ‘essentially similar circumstances. Imposition of a processing fee The plaintiff is an acknowledged quali...
German BGH: Abstract Debt Acknowledgment after Lapsed Claim
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) had to determine whether enforcement may proceed on the basis of a standalone notarial acknowledgement of debt when the underlying claim has already become time barred. Abstract...
Austrian OGH: Are Video Game ‘Loot Boxes’ Considered Gambling?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined the issue of whether ‘loot boxes’ featured in video games qualify as gambling, and if so, whether operators are obligated to obtain a licence. Loot box contents are rando...
Austrian OGH on Liability for Providing Incorrect Expert Opinions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on a claim for damages against an expert in a construction case. The claimant commenced a construction project in early 2017 pursuant to an approved building permit...
Austrian OGH: Preliminary Ruling on Estate Asset Sales
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was asked to clarify whether Austrian courts have international jurisdiction under Article 10(2) of the European Succession Regulation when a beneficiary of a compulsory portion sues ...
Austria: OGH Decisions on Telecom Fees
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently reviewed a clause about processing fees in a telecom company’s general terms and conditions. The court also sent questions regarding activation fees to the Court of Justi...
Austrian Disability Pension: Rigorous Criteria Governing Hardship Provisions
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the criteria governing the application of hardship provisions to disability pensions. In particular, the court addressed the issue of whether brief periods of employment cons...
Maintenance obligation during Imprisonment in Default (of Fine)
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) explained when a parent is required to pay maintenance while serving a default prison sentence for financial offenses. In the case at hand, a father has been required to pay EUR 100 p...
Austrian OGH Blocks Early Transfer of Shares in Company Capital Increase
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has determined that shares resulting from a future capital increase are only recognized upon the registration of the increase in the commercial register. Until this entry occurs, neit...
Austrian OGH: Minority Shareholders Classified as Consumers
Civil LawThe applicants in the case at hand requested that a judge appoint an arbitrator, relying on the arbitration clause found in their general partnership agreement. This request arose from a disagreement among shareholders about whether a particular shar...
Airline Required to Refund Commission after Cancelling Flight
European LawThe European Court of Justice (ECJ) has issued a decision regarding whether travel agencies should be reimbursed for commissions on flights that are cancelled. In the case at hand, multiple travellers had acquired return flight tickets from Austria t...
Deposit Protection: OGH Asks ECJ for Preliminary Ruling
Banking LawDoes the Deposit Protection Directive (2014/49/EU) mean that deposits held by a housing association structured as a limited liability company (GmbH), which come from the sale of an apartment by the association to a private individual, should be consi...
Austrian OGH: Lost Wills Remain Valid
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently explained that, according to Section 722 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, hereinafter ABGB), a last will and testament is still va...
Austrian OGH: No Personalised Advertising Without Consent
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the conditions under which the processing of Facebook users’ personal data for personalised advertising and third-party tracking is permissible, as set out in Article 15 ...
GER: Easements Require Land Registry Entry
Civil LawThe German Federal Court of Justice (BGH) examined when a conditional civil law right to obtain an easement for rights of way may exist. Transfer of ownership without registration of the right of way in the land registry In the cased at hand, after t...
Austrian Government Unveils Inflation Relief Act for Tenancy Law
Civil LawThe Austrian Federal Ministry of Justice recently presented the government bill for the Inflation Relief Act for Tenancy Law (Mietrechtliches Inflationslinderungsgesetz, hereinafter MILG). Restrictions on safeguarding value Value protection clauses a...
German BFH Decides on Tax-Deductible Dual Household Expenses
Tax LawThe German Federal Fiscal Court (Bundesfinanzhof, hereinafter BFH) has recently ruled on the tax deductibility of parking space costs in the context of maintaining two households. Second residence The case pertains to a second residence, including a ...
ECJ: Restrictions on Naming Athletes in Doping Cases
European LawAdvocate General Spielmann asserts that disclosing the names of athletes found in violation of anti-doping regulations does not inherently conform with European Union law. Information released following a doping incident In the initial proceedings, f...
OGH: Interim Injunction Guidelines for School and Nursery Transfers
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has delineated the criteria for granting an interim injunction pursuant to Section 381(2) of the Austrian Enforcement and Security Procedures Code (Exekutionsord...
German BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...
Austrian OGH: Only Estate-Related Parts of Probate Halted by Insolvency
Civil LawIn the case at hand, upon the passing of the testator in 2023, probate proceedings commenced. The son and daughter contested the appointment of an estate administrator, challenged the approval of the insolvency application, and objected to the denial...
Austrian OGH: Claim Denied—Limitation Period Expired after Accident
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled on compensation claims following a road traffic accident. The claimant had sought compensation from the defendants arising from a road traffic accident in 2016. The...
GER: Electronic Signature Certification Sufficient for Commercial Register Filings
Corporate LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has examined whether handwritten signature may be certified via a basic electronic certificate, thereby clarifying legal requirements within this context. GmbH dissolution in co...
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