Usancen Blog
OGH on Wages after Termination by Mutual Consent
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that it is an employee’s objective inability to work, not the date on which a doctor’s certificate of sickness is issued, that is relevant to continued payment of salary. Fo...
OGH on the Formation of Will in Owners’ Associations
Civil LawThe formation of will in an owners’ association may also consist of an act of will by the dominant majority owner, according to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). A prescription by the dominant majority owner (‘domina...
New EU Directive on Wage Transparency
European LawRecent EU rules on pay transparency will be strengthening the principle of equal pay for men and women for equal work. To this end, the European Pay Transparency Directive (EU) 2023/970 has come into force on June 6, 2023. In future, companies will b...
GER: No Equal Pay – Temporary Workers May Get Paid Less
Labour LawIn principle, it is possible to pay temporary workers less than permanent employees. However, such a measure must be compensated for, according to the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). Collective agreements may depa...
GER: Choice of End Devices Cannot Be Limited
Civil LawPreventing internet access through certain mobile end devices such as LTE routers cannot legally be limited by clauses used in mobile phone contracts, as this would restrict the freedom of device choice, according to the German Federal Court of Justi...
OGH: Legal Protection Coverage for Data Breaches
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that even non-material damages may be covered by a legal expenses insurance policy under the General Conditions for Legal Expenses Insurance 2017 (Allgemeine Bedingungen...
OGH: Non-Competition Clauses in Distribution Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that a non-competition clause in a distribution agreement does not automatically include all employees by way of a supplementary interpretation of the agreement. The def...
Supply Chain Directive: EU Parliament Votes for Stricter Version
European LawAt the beginning of June, the majority of the European Parliament voted in favour of a stricter version to the EU Commission’s original legislative proposal for the Corporate Sustainability Due Diligence Directive (CSDD) – EU Supply Chain Regulation....
OGH: Warranty Waivers in Real Estate Contracts
Civil LawThe seller of an apartment is liable for hidden construction defects (i.e., defects that are not visible to the buyer during a thorough inspection), if there is an exclusion of warranty but the contract states that the buyer has inspected the apartme...
GER: ECJ Ruling for German Autobahn Charging Stations Requested
European LawThe legal dispute over electric fast-charging stations between providers of charging infrastructure for electric vehicles and the Federal Republic of Germany is now going to the European Court of Justice (ECJ). 200 fast-charging stations at German fr...
OGH: General Meeting Is Not an Arbitration Board
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified important questions concerning Austrian association law in matters of the competence of arbitration board and the general meeting of members when a member of the executi...
OGH: Broker's Commission also Due in Share Deals
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the sale of shares in a company can be a transaction equivalent to the sale of real estate and could therefore justify a broker’s commission. Two cousins were limit...
OGH on Data Protection Clauses in GTCs
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has declared several data protection clauses in a pay TV providers’ general terms and conditions to be invalid. Data transmission for address matching In an email, the defendant had s...
GER: Trespass to Chattels in ‘Cash & Drive’ Scheme
Civil LawThe collection of a vehicle by a lessor constitutes trespass to chattels, even if the lessee is in arrears. If the vehicle is subsequently sold by the lessor, the lessor is obliged to compensate the lessee for the value of the vehicle, according to t...
GER: Works Council Chairs Can’t Double as Data Protection Officers
Labour LawThe position of works council chairperson precludes additionally performing the duties of data protection officer. For this reason, employers are permitted to revoke the appointment of data protection officers, according to the German Federal Labour ...
OGH: No Official Liability for Commerzialbank Liquidator
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that no official liability exists on the part of the banking supervisory authority towards Commerzialbank Mattersburg in Burgenland, Austria, and thus towards the liquidator...
OGH: No Water-Rights Permit, No Usucaption?
Administrative LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: A lacking water-rights permit pursuant to Article 10(2) of the Austrian Water Act 1959 (Wasserrechtsgesetz 1959, hereinafter WRG) does not prevent usucaption of a water...
ECJ AG: Austrian Communications Act Contrary to EU law
European LawIn his opinion, the Advocate General (AG) of the European Court of Justice (ECJ) is of the opinion that the Austrian Communications Platforms Act, which is part of a package of laws intended to counter online hate, violates EU law. In the original pr...
OGH: Unfair Competition after Concealment of Circumstances
Competition LawDoes the claim ‘The brand most recommended by the leading dishwasher manufacturers’ constitute unfair competition? This was the question to be decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) after a manufacturer of dishw...
GER: Driving Licence Revoked after DUI on E-scooter
Criminal LawRiding an e-scooter under the influence of alcohol creates a presumption of unsuitability for driving a motor vehicle. Driving licenses are not revoked only in certain exceptional cases. According to the German Higher Regional Court of Frankfurt am M...
OGH: COFAG Subsidies Are Garnishable
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that COFAG1 subsidies are, in principle, garnishable. In the original case, the court of first instance had granted the petitioning energy supplier, among other things, the ...
ECJ: Environmental Impact Assessment Thresholds
European LawThe European Court of Justice (hereinafter ECJ) has ruled that environmental impact assessments for urban development projects do not depend exclusively on the size of such projects. EU law precludes threshold values if they are set so high that, in ...
OGH on Repayment of Loan Processing Fees
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), the clause used by a credit institution to exclude the repayment of processing fees in the event of early repayment of a loan is neither unlawful nor grossly disadvantag...
ECJ: No Cancellation Info, No Money
European LawEven after a service has been fully provided and an invoice has been issued, the customer does not have to pay: According to the European Court of Justice (hereinafter ECJ), if a company forgets to inform their consumer about the consumer’s right of ...
BGH: No Compensation for Flights That Were Operated
European LawThe requirements listed in Art 4 para 3 of the Passenger Rights Regulation are not fulfilled if a passenger was actually transported on a scheduled flight. According to the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH), this also ...
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