Usancen Blog
OGH: Unlawful Concert Organiser GTCs
Civil LawIn the event of the cancellation of an event due to force majeure, the organiser shall be liable for the refund of the ticket price. Issuing vouchers is only allowed in the event of force majeure. In addition, it is not reasonable to expect consumers...
GER: BGH on GmbH Shareholders’ Statutory Voting Ban
Corporate LawShareholders of a German limited liability company (GmbH) who together hold all the shares in the company are prohibited from voting on a resolution to initiate legal proceedings against another company. No one may be a judge in his own case, accordi...
GER: No Compensation for Facebook Scraping Victims
Data Privacy LawFollowing the so-called Facebook scraping cases, there will be no compensation for Facebook users under the General Data Protection Regulation (GDPR). According to the Higher Regional Court of Hamm, Germany (hereinafter OLG), although there was a bre...
OGH: Transfer Protection for Remote Workers
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recognised that a worsening of the transfer situation within the meaning of Section 101 of the Austrian Labour Constitution Act (Arbeitsverfassungsgesetz, ArbVG) can occur even if...
OGH Rules on More Gym Clauses
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has once again had to rule on clauses contained in the general terms and conditions of contracts concluded by fitness studios. The defendant operates several fitness studios and regul...
Can Courts Use EncroChat Data to Convict Criminals?
Constitutional LawThe question of whether courts can use EncroChat data as evidence remains open. The German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has rejected several constitutional complaints for decision. EncroChat had long bee...
OGH: May a Donee Grandchild Claim Add-Backs?
Civil LawIf an individual who (under Austrian inheritance law) is entitled to a so-called compulsory portion asserts a claim against a donee on the grounds of insufficiency of the estate, the donee who is the subject of the claim does not, in principle, have ...
EU: Fix – Don’t Ditch!
European LawThe EU Commission wants to introduce new consumer rights to make repairs easier and more attractive. The aim is to save resources and reduce waste. Smartphones that have to be replaced because the batteries cannot be changed will soon be a thing of t...
OGH: Shareholders Can Oppose Deletions from Commercial Register
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently granted shareholders party status in proceedings concerning the official deletion of a public limited company (GmbH) from the commercial register. As a result, they now h...
OGH: Training Costs Cannot Be Passed on to Trainee
Labour LawAn agreement to pass on training costs to the trainee is inadmissible both in apprenticeships as well as in training relationships. It makes no difference whether such an agreement is made at the beginning or only during a training relationship. The ...
Austrian Civil Procedure Amendment 2023
Procedural LawThe Austrian National Council has passed the Civil Procedure Amendment 2023 (ZVN 2023). Video hearings had been introduced temporarily during the Corona pandemic and proved to be very successful. Lawyers and judges have since requested that this form...
GER: When Are Private Chats Confidential?
Labour LawStrongly insulting, racist, or sexist remarks made by an employee to their superior or other fellow employees in a private chat group can be grounds for dismissing the employee without notice. It is only in exceptional cases that an employee can rely...
Lead Rulings by the German Federal Court of Justice
Procedural LawMass tort litigation, such as the diesel scandal, is putting a strain on Germany’s civil courts. The German government has now passed a bill introducing a ‘lead-ruling procedure’ at the Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) level...
OGH: Entrepreneurs Lose Right to Rely on Unlawful GTCs
Corporate LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the European Court of Justice’s (ECJ) interpretation of the EEC Directive on Unfair Terms in Consumer Contracts. The case concerned an unjustified rescis...
OGH: Easement for Condominium Access
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that condominium owners may not register an easement in the land register under which they grant each other an exclusive and perpetual right of use for access to their apart...
OGH: Jurisdiction for Software Contracts Needs Clarification
Procedural LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has asked the European Court of Justice (hereinafter ECJ) to clarify where the ‘place of performance’ as defined in Article 7(1)(b)(2) of Regulation (EC) 1215/2012 on Jurisdiction an...
When Can Legal Expenses Insurance Refuse Coverage?
Civil LawThe likelihood of success of the intended claim determines whether legal expenses cover will be granted. Coverage cannot be refused if the legal action has a reasonable prospect of success. In the coverage proceedings, the plaintiff sought coverage u...
OGH on Tenancy Termination Restrictions
Civil LawThe ground for termination as provided under Section 30(2)(5) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) does not apply if there is a balanced use of an apartment, residentially and for business purposes. In 1965, the defendant’s...
OGH on Alterations in Co-owned Buildings
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that changes to common parts of a house which are exclusively in the interest of one single co-owner do not constitute ‘property management measures’. The defendant and his ...
Austria Toughens Criminal Law on Corruption
Criminal LawIn order to effectively advance the fight against corruption, the Austrian National Council has tightened the criminal law on corruption. The Anti-Corruption Criminal Law Amendment Act 2023 (Korruptionsstrafrechtsänderungsgesetz 2023, hereinafter Kor...
GER: Must Landlords Allow Subletting to Refugees?
Civil LawDoes a landlord have to allow a tenant to take in a refugee? The Berlin Regional Court has ruled: Yes, they do. Anyone who wants to take in refugees has a claim against their landlord for permission to sublet. Since the beginning of the Russian attac...
GER: Must Tenants Respond to Termination Notice?
Civil LawThere is no reason to sue for future eviction simply because the tenant remains silent as to whether they will actually leave the premises upon termination of the commercial lease, according to the German Federal Supreme Court (Bundesgerichtshof, her...
OGH: Credit Brokers Must Inform
Civil LawWhat are the consequences of a credit broker failing to provide proper information about the credit broker’s commission? This was decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH). The claimant had arranged a loan for the ...
OGH: Liability of GmbH Shareholders for Notary Fees
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the mere approval of a resolution to increase a company’s capital does not lead to the joint and several liability of shareholders for notary fees. The plaintiff, a...
VwGH: When Is a Hearing Necessary?
Administrative LawThe Austrian Supreme Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has confirmed its case law on the holding of oral hearings before administrative courts. An oral hearing is required in cases where the findings are specifically dis...
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