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The end for gas heating: Renewable Heat Act under review
Public LawThe Ministry of Climate Protection (Klimaschutzministerium, BMK) has submitted the draft of the Renewable Heat Act (Erneuerbare-Wärme-Gesetz, EWG) for review. It is intended to initiate the phase-out of fossil-fuel heating systems. In new buildings, ...
OGH on the duty of care of a whirlpool owner
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the duty of care of a whirlpool owner. At a party, the plaintiff had suffered legionella pneumonia due to the whirlpool. The legionella formed due to a biofilm, as t...
OGH: Drunkenness not a "daily life hazard"
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), heavy drinking in road traffic is not a "daily life hazard" (“Gefahr des täglichen Lebens”) and does not constitute an insured event. In the original case, the son of the liability-...
OGH on designed speed in the EKHG
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an electric forklift whose maximum speed is electronically limited to less than 10 km/h does not fall within the scope of the Railway and Motor Vehicle Liability Act (Eisenbahn- un...
OGH: Claim for payment by electricity producer in event of bottlenecks
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed, among other things, a producer's claim for payment in case of measures against power bottlenecks ordered by control area managers. The defendant is a control area ...
DE: Wirecard annual financial statements for 2017 and 2018 void
Banking LawWirecard's financial statements for 2017 and 2018 as well as the resolutions on the appropriation of profits at the associated annual general meetings are null and void. This was the decision of the Munich Regional Court I (Landgericht München I) in ...
DE: In case of damage to health - no shortening of the warranty claim
Civil LawA shortening of the statutory warranty obligation in the law of sales is not permissible if damage to health is also included. According to the German Federal Supreme Court (Bundesgerichtshof, BGH), this would be a violation of mandatory law. The buy...
OLG Linz: Exclusion clause in legal expenses insurance inadmissible
Civil LawThe Linz Higher Regional Court (Oberlandesgericht, OLG Linz) declared a clause in the General Insurance Conditions for Legal Expenses Insurance (Allgemeinen Versicherungsbedingungen für Rechtsschutzversicherungen) of the insurance company Wüstenrot V...
OLG Vienna: Ryanair check-in fee invalid
Civil LawThe Vienna Higher Regional Court (Oberlandesgericht Wien, OLG Wien) declared 23 clauses in Ryanair's General Terms and Conditions invalid. This also includes the fee that passengers had to pay for a check-in at the airport if they had not checked in ...
OGH: No change of jurisdiction in case of phobia of a court building
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of whether the fear of a courthouse allows a change of jurisdiction of a court according to Section 31 of the Jurisdiction Code (Jurisdiktionsnorm, JN). The plaintiff sought...
OGH on the unalterable determination of damage
Civil LawThe short statute of limitations of Section 1489 of the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) does not start to run before the actual occurrence of the damage. If there is uncertainty as to whether damage has occurre...
OGH: Hotel and gastronomy industry not a "seasonal industry”
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that the hotel and gastronomy industry is not an "industry in which seasonal businesses predominate" as defined in Section 1159 para 2 of the Austrian General Civil Code (Allgemeines Bü...
DE: What information must a consumer loan contract contain?
Civil LawIn consumer loan contracts, the information on the interest rate on arrears must include the specific percentage rate applicable at the time of the conclusion of the contract. The German Federal Supreme Court (Bundesgerichtshof, BGH) thus changes its...
OGH: Maintenance obligation of a newly created living space
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of how the landlord's duty of maintenance is structured when it concerns living space the tenant creates at his own expense. The plaintiff and the defendant have an existing...
FMA: New lending standards for residential real estate loans
Public LawThe Financial Market Authority (Finanzmarktaufsicht, FMA) has submitted the Credit Institutions Real Estate Financing Measures Regulation (Kreditinstitute-Immobilienfinanzierungsmaßnahmen-Verordnung, KIM-V) for review. It changes the lending standard...
OGH on the waiver of an inheritance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that the granting of a right to use a dwelling constitutes a consideration and not a motive for a gratuitous waiver of an inheritance. The subject matter of the case was a family inheritanc...
DE: Rent repayment claims assignable to debt collection agencies?
Civil LawIt is covered by the authority of a debt collection service provider under the Legal Services Act (Rechtsdienstleistungsgesetz) if he is commissioned, on the one hand, to reclaim the rent from the landlord and, on the other hand, to request the landl...
DE: No appeal because of missing "ü"?
Civil LawIf attachments are sent to the court via the special electronic lawyer's mailbox (beA), the file name may also contain umlauts such as an "ü". According to the German Federal Supreme Court (Bundesgerichtshof, BGH), if the court computer misses the do...
No Austrian enforcement power in case of house searches abroad
Administrative LawIn the present case, the Austrian Administrative Court (Verwaltungsgerichtshof, VwGH) addressed a house search carried out in the Netherlands at the request of the Austrian Federal Competition Authority. In the business premises of the party filing t...
OGH: Written form of verbal power of attorney in the tenancy agreement
Civil LawA written reference to acting (also) in another's name is not required either for the effectiveness of the proxy or for the fulfilment of the written form requirement for temporary tenancy agreements. A tenancy agreement limited to 3 years was conclu...
Inflation: Higher commuter allowance and lower energy levies
Tax LawIn order to compensate for increased energy prices, the legislator has decided on a temporary increase of the commuter allowance and a reduction of various energy levies. Commuter allowance and “commuter euro” (Section 124b Z 395 of the Income Tax Ac...
Instalment Payment and amended Gas Market Model Regulation
Public LawThis article provides a brief overview of two regulations issued by the E-Control Board in connection with the Austrian energy market. Instalment Payment Regulation (Ratenzahlungs-Verordnung): Section 82 para 2a of the Electricity Industry and Organi...
OGH: No security for legal costs after Brexit
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the imposition of security for legal costs on a British plaintiff. The plaintiff is a British citizen. He sought a sum of GBP 27,200 from the defendant and a declar...
OGH: Right to a partial copy of the divorce settlement
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that an application for the issuance of a partial copy of a divorce settlement for submission to the land registry court is to be granted in accordance with Section 178 para 4 of the Non-Co...
OGH: Capability of a legal successor of a gambling website to be sued
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the scope of a contract succession by the operator of a gambling website. The plaintiff concluded a framework agreement and various gambling contracts with the oper...
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