Usancen Blog
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 ...
OGH: New Ruling on Loan Handling Fees
Civil LawOn 23 January, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) issued its first decision on complaints about handling fees for consumer loans. Its decision is a departure from previous case law. The Austrian Verein für Konsumenteni...
Austrian Court on Reimbursement of Representatives’ Costs
Civil LawThe Oberlandesgericht (Higher Regional Court) of the Austrian city of Graz has dealt with an appointed representative’s claims for reimbursement of costs. Even if an appointed representative is a lawyer themself, they may be represented by another la...
OGH: Is It a Business Trip?
Labour LawA per diem allowance is a lump sum payment intended to cover the financial expenses incurred by employees as a result of having to spend the day away from home. The plaintiff was employed by the defendant as a fitter. On Mondays, the plaintiff worked...
ECJ: Fingerprints on ID Cards Are Legal
European LawFingerprints can continue to be included on ID cards. This has been decided by the European Court of Justice (hereinafter ECJ). The encroachment on fundamental rights is justified. In 2021, a man applied to the German city of Wiesbaden for a new ID c...
GER: BGH on Penalty Clauses in Unit-Price Contracts
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has ruled that penalty clauses in construction contracts are generally permissible up to an amount of 5 percent. However, the amount must not be made in relationship to the orde...
GER: No Income Tax Liability on Loan Cancellations
Civil LawAccording to the German Federal Finance Court (Bundesfinanzhof, hereinafter BFH), receiving compensation for a consumer loan agreement after its cancellation does not trigger income tax. The couple in the case at hand had taken out a loan in 2008 to ...
OGH on the Formality of Gift Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has given a ruling on the formal validity of so-called ‘mixed gift’ agreements. According to Section 943 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter A...
Efficient Legal Information 
Legal Jobs 
Innovative LegalTech Solutions