Usancen Blog
OGH: COVID-19 and Reduced Rents
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that officially imposed access restrictions and distancing rules can justify reductions for rent paid for business premises. The plaintiff is the landlord of a ...
VfGH: Counterstatements May Be Too Expensive
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has repealed Section 17 (5) of the Austrian Media Act (Mediengesetz, hereinafter MedienG) as unconstitutional, as the cost risk of wrongfully obtained counterstatements can ...
OGH on Guarantees under Section 1170b ABGB
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that a claim for guarantee under Section 1170b of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB) also exists in the case of an a...
OGH: Disclosing Data Recipients under GDPR
Data Privacy LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined a consumer request concerning the disclosing of personal data to third parties. In 2019, the plaintiff had requested information from the defendant about...
ECJ: Compensation Rights for ‘Dieselgate’ Car Owners
European LawThe European Court of Justice (ECJ) has found: Buyers of motor vehicles equipped with illegal defeat devices are entitled to claim for compensation from vehicle manufacturers. The plaintiff in the main proceedings pending before a German court had bo...
VwGH on Appointing Managers Responsible under Trade Law
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that in matters of trade law a responsible representative cannot be appointed pursuant to Section 9(2) of the Austrian 1991 Administrative Penal Code (Verwaltungss...
VwGH: Statute of Repose in Plant Approval
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled that failure to announce the oral hearings in plant-approval proceedings by not publishing such notice on the premises affects the statute of repose of the owners ...
VfGH: Mere University Degree Insufficient to Run a Restaurant
Constitutional LawThe Austrian Constitutional Court (Verfassungsgerichtshof, hereinafter VfGH) has ruled that a university degree is not prerequisite to running a business in the hospitality industry. The corresponding provision of the Austrian Hospitality Ordinance (...
OGH: Vacate Agreements in Advance are Unlawful
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) considered an open-ended tenancy and the parties' periodic court-enforceable arrangements requiring the tenant to vacate the premises (the Austrian legal term des...
OGH: Tenant Claims-Assignation not Illegal
Civil LawClient representation under Section 37(3)(9) of the Austrian Tenancy Act (Mietrechtsgesetz, hereinafter MRG) is permissible even if such activities are carried out on a professional or commercial basis. This does not constitute acting as a bogus soli...
First OGH Merits Decision on Diesel Scandal
Civil LawIn the proceedings at issue, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the claim of a car buyer against the car seller concerning the exhaust-emission control device installed in the diesel motor vehicle. The signifi...
OGH: Invalid Clause in Package Tour GTCs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that a complete preclusion of the right to withdraw from a package tour contract at no charge in the case of travel restrictions due to COVID-19 is inadmissible. In 2021...
VwGH: No Success Bonus for Legal Aid Lawyers
Public LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has found the granting of a success bonus for legal aid lawyers to be incompatible with Section 16 (4) of the Austrian Bar Code (Rechtsanwaltsordnung, hereinafter RAO). In t...
OGH: Politician ‘Collusion’ Ahead of Committee Interview
Civil LawIn democratic societies, one of the main functions of the press is to shed a critical light on political events. In so doing, the press must be given the opportunity to fulfil its vital role as a public watchdog. The plaintiff in the case at hand is ...
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...
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