Usancen Blog
OGH: Criminally Obtained Assets and Insolvency
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that payments which a debtor has obtained through criminal acts are legal acts to the detriment of the creditors and can therefore be subject to contesting unde...
GER: No State Funding for Right-Wing Foundations under New Bill
Public LawAnti-constitutional foundations shall no longer be funded by the state according to the will of the German government coalition. A corresponding bill, the Foundation Financing Act (Stiftungsfinanzierungsgesetz, StiftFinG), is now to be discussed in t...
Condominium Owner Builds on Common Elements
Civil LawChanges to general parts of a property may not be made without the consent of the other condominium owners. Unauthorised alterations can be challenged by means of actio negatoria (action for the denial of another’s right) under Section 523 of the Aus...
OGH on Statute-Barred Claims
Civil LawThe limitation period for claims for damages has recently been addressed by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The three-year limitation period pursuant to Section 1489 of the Austrian General Civil Code (Allgemeines ...
Austrian Government Bill: Freedom of Information Act
Public LawThe obligation to maintain official secrecy has been explicitly enshrined in the Austrian Federal Constitution. A new government bill now aims to abolish official secrecy and increase government transparency. To this end, the Austrian Federal Constit...
Global Framework: A World without Harm from Chemicals
Public LawThe Bonn Declaration on Sustainable Chemicals and Waste Management is sending a strong political signal. The international community has adopted a new global framework at the Fifth World Chemicals Conference, and high safety standards will now applie...
ECJ: Right to Cancel after Free Trial Period?
European LawThe European Court of Justice (ECJ) has been asked to rule on the right of withdrawal for subscriptions to learning platforms. Subscriptions often become payable if consumers do not cancel within the free trial period. So the question comes up: Can c...
GER: Custodial Fee Clauses Effective – Consumer Advocates Fail
Civil LawA German consumer advocacy organisation was recently defeated in court by a commercial bank. The penalty interest clauses in the bank’s pre-formulated GTCs for customers with savings deposits are neither non-transparent nor surprising, a German court...
OGH on Rent Cuts during Pandemics
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that government interventions affecting the general public do not justify rent reductions. The burden of proof for the lack of usability of the property, which would jus...
Unlocked Terrace Door – Is It Covered by Insurance?
Civil LawLeaving the house with the terrace door unlocked for several hours does not always constitute gross negligence, according to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). If it is a single incident, it cannot be considered gross...
Disability or Illness? OGH Explains the Difference
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified the difference between illness and disability. Illness is not in itself a ground for discrimination. The plaintiff was employed by the defendant as a delivery driver. Du...
OGH: Liability for Cycling Accidents on Mountain Bike Trails
Civil LawThe liability of road owners according to Section 1319a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) also applies to mountain bike trails. The contractual assumption of maintenance establishes joint ownership. Th...
OGH Rules on Health Insurance Terms
Civil LawThe validity test pursuant to Section 864a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) states that objectively unusual and surprising clauses in GTCs do not become part of a contract. What matters is whether the...
ECJ: National Courts May Advise about Cancellation Rights
European LawUnder the EU’s Package Travel Directive, travellers have a right of withdrawal in special circumstances and may be entitled to a refund of all sums paid. However, if travellers are not aware of their right to cancellation, national courts may be unde...
VwGH: Emails That End in Authority’s Spam Are Deemed Delivered
Procedural LawAppeals sent by email that end up in an authority’s spam folder are also considered delivered, the Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled. The legal representative of the complainant submitted appeals again...
OGH on Data Protection at Work
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined whether an employer’s inspection of former employees’ emails is in breach of the General Data Protection Regulation (GDPR). Under Article 4(1) of the GDPR, any informatio...
Used Car Purchase from Dealer Is Safest Choice, says OGH
Civil LawBuying a used car can be a tricky business. Sometimes cars are not offered by the real owner, and the risk of the owner demanding their car back is high. But now the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is backing those who ...
‘Carbon Neutral’ Flights? AUA under Fire for Greenwashing
Competition LawSustainability is a valuable marketing tool, but it should not be taken too far. Austrian Airlines’ “carbon neutral flights” ads overstepped the bounds, turning greenwashing into unfair competition. In the case at hand, Austrian Airlines (AUA) promot...
ECJ To Clarify Concept of Non-Material Damage under GDPR
European LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has asked the European Court of Justice (ECJ) to answer questions on the right to an injunction under EU law and the concept of immaterial damage under the GDPR. The plaintiff w...
DE: Sellers Duty to Inform Gets Tougher
Civil LawBuyers must be adequately informed by sellers about the costs of renovating a property. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), making this information available in a virtual data room only three days be...
OGH: Time Credits Are not Insolvency Claims
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that work time credited to an employee does not constitute an insolvency claim and therefore cannot be reduced by a restructuring plan. The plaintiff had been employed b...
OLG Wien: Single Party in case of GmbH Manager Removal
Procedural LawThe Oberlandesgericht Wien (Higher Regional Court, Vienna, hereinafter OLG Wien) has ruled that, in the case of the dismissal of a shareholder-director of a limited liability company (GmbH), both the director in question and the other shareholders wi...
OGH on Compulsory Inheritance Reductions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has once again stated that in Austrian inheritance law it is the legal relationship that counts. Both biological and non-blood children are equally entitled to an inheritance and thus...
OGH: Legal-Tech Business Models Set to Advance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently dealt with a legal- tech business model in which the provider uses an AI tool to analyse the client’s legal problems, filters out a suitable lawyer from its partner lawye...
EU Raw Material Self-Sufficiency on the Horizon
European LawElectric cars, solar panels, and smart phones – they all contain what are known as critical raw materials. However, the European Union is currently unable to source them reliably. Measures are being taken to ensure the long-term, secure supply and so...
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