Usancen Blog
OGH on Proving Easement by Usucaption
Civil LawStatements of consent by two real estate owners concerning a right of way are not public deeds according to Section 33(1)(d) of the Austrian Land Register Act (Grundbuchgesetz, hereinafter GBG). Such deeds must contain a reference to the easement to ...
ECJ on Mileage-Based Leasing Agreements
European LawThe Advocate General of the European Court of Justice (ECJ) has given his opinion on consumer law issues in connection with motor vehicle leasing agreements. The case at hand concerned a mileage-based leasing agreement concluded by a consumer with BM...
VwGH: Re-granting Water-Use Rights in Line with EU
Public LawUnder Section21(3) of the 1959 Austrian Water Rights Act (Wasserrechtsgesetz, hereinafter WRG 1959) it is only possible to re-grant water-use rights to previous holders of this right. The Austrian Administrative Court (Verwaltungsgerichtshof, hereina...
Amendment to the Environmental Impact Assessment Act
Public LawThe long-awaited amendment to the Environmental Impact Assessment Act (UVP-G) was published in the Federal Law Gazette (Bundesgesetzblatt) on 22 March 2023. The aim of the amendment is to accelerate procedures, especially for energy transition projec...
Vienna Court: Unlawful Price Adjustment in Verbund GTC
Civil LawThe Vienna Commercial Court (Handelsgericht Wien) has overturned a price adjustment clause in the general terms and conditions of Verbund AG, Austria’s largest electricity provider. The decision is not yet in force. Specifically, Verbund AG used a cl...
OGH on Data Protection Notices
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) held in its decision from 23 November 2022 that a data protection notice taken note of by consumers in a contract’s General Terms and Conditions does not constitute a mere piece of in...
OGH on EU Mobility Directive in Austria
Civil Law Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a detailed opinion on the implementation proposal by the Austrian Federal Government to implement Cross-Border Mobility Directive 2019/2121 at a national level. This implem...
OGH: Negative Easements Only Vacated as a Whole
Civil LawIn the absence of an agreement on any restrictions to the building ban, accepting a condition in breach of the building ban for more than three years will lead to loss of rights according to Section 1488 of the Austrian Civil Code (Allgemeines Bürger...
OGH on Statutory Deferrals in Public Liability Suits
Civil LawThe three-month period of Section 8 (1) of the Austrian Public Liability Act (Amtshaftungsgesetz, hereinafter AHG) has no impact on the due date of a claim for damages brought to a legal entity against which an action has been filed. The view that th...
OGH: Jurisdiction after Executory Title Violations
Procedural LawIf an action violating an executory title has materialised throughout Austria, pursuant to Section 355 of the Austrian Enforcement Regulation (Exekutionsordnung, hereinafter EO) the debtor has the choice of which district court to claim as competent....
EU Foreign Subsidies Regulation: Combating Market Distortions
European LawOn 12 January 2023, Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022, the so-called Foreign Subsidies Regulation (hereinafter FSR) which is intended to combat distortions of the EU internal market, has enter...
OGH: No Trustor Liability for Initial Contribution
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has rejected the principle of direct liability of a trustor for an outstanding initial contribution. Such liability only applies in exceptional cases. This decision was based on the f...
Air Passenger Rights: Dead Pilot an ‘Extraordinary Circumstance’?
European LawThe Advocate General of the European Court of Justice (ECJ) has given her opinion on the question of whether the sudden death of a pilot constitutes an ‘extraordinary circumstance’ within the meaning of the Air Passenger Rights Regulation. A TAP Port...
Vienna Civil Court: Debt Judgments Enforcement or Extension
Procedural LawAn enforcement of a claim is deemed to have been completed even if the claim for collection amounts to less than the claim pursued and the claim is paid off in full by a third party debtor. As long as this constellation has not been finalized, an ext...
OGH on Vienna Taxi Fares
Competition Law The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered that surcharges on Vienna taxi fares can be interpreted in a sense that they are not compulsory. The plaintiff provides passenger transport services via car taxis. The fi...
ECJ on Aggregate Sentences for Prison Terms
European LawA criminal offence committed in another European country does not need to be treated the same as a criminal offence in a fictitious aggregate sentence before a national (in this case: German) court. According to the European Court of Justice (hereina...
OGH on Publicising Land Register Data
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a professional interest by journalists can constitute a legal interest when obtaining sought-after information, thus justifying a journalist’s request for informati...
OGH on COVID Costs, Price Updating
Civil LawIf Austrian industrial standard ÖNORM B 2110 is to be applied, pandemic-related additional costs may be passed on to the client. If additional costs are claimed, proof of any such costs must be submitted under Section 1168 (1) sentence 2 of the Austr...
OGH: Liability in Snow Removal and Disposing
Civil LawFailure to properly deposit snow after its removal may lead to liability if a victim suffers a fall adjacent to the zone to be cleared. The plaintiff is a tenant in a public housing complex. On 07 March 2018, the plaintiff fell on a slippery patch of...
OGH Recognises WhatsApp Marriage
Civil LawA long-distance marriage ceremony in which the free will of the parties involved is not in doubt does not violate fundamental tenets of Austrian law. The plaintiff and the defendant are Iranian nationals who had a long-term relationship. Before the d...
OGH: Austrian Bar Exam and EIRAG Test Are Equivalent
Administrative LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the Austrian bar exam is equivalent to the aptitude test pursuant to Sections 24 et seq. of EIRAG[1]. In the original case, a Liechtenstein lawyer wanted to act in Aust...
ECJ Advocate General on the Montreal Convention
European LawThe Advocate General of the European Court of Justice gave opinion on questions concerning the scope of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter MC). The plaintiff had been a passenge...
Vienna Court: Possessory Restoration Claims in Building Law
Civil LawOutside the core areas of Section 345 of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), a possessory claim for restoration according to Section 346 ABGB (analogously) is only to be recognised if its fulfilment does n...
Austrian Government Presents New Anti-Corruption Bill
Criminal LawAfter a long delay and making announcements only, the Austrian government has now submitted its bill for changes in criminal law pertaining to corruption. The focus of the bill is on corruption within the context of elections and running for office. ...
GER: Decision on Premium Savings Positive for Savers
Banking LawThe senate of the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) responsible for banking and capital market law has again ruled on appeals by a consumer protection association against a precedential declaratory judgement delivered ...
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