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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...
OGH: Hunting guide is the sole proper plaintiff under Section 364 ABGB
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) addressed the right of a hunting co-partner of a hunting lease in the course of an application for injunctive relief. The defendant is the owner of a property which adjoins p...
OGH: No compensation in case of failure to wear a seat belt
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) ruled that the obligation to wear a seat belt in motor vehicles is intended to prevent personal injury, but not damage to the vehicle. The plaintiff operates a bus company. The defendant was a pa...
DE: Advance on transport costs due to subsequent performance
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), a valid request for subsequent performance by the buyer requires that the object of sale be made available at the place of delivery of the subsequent performance. The buyer is en...
DE: Rebuff of the "day-by-day" calculation for damages upheld
Civil LawIn its ruling of March 22, 2022, the German Federal Supreme Court (Bundesgerichtshof, BGH) confirmed its abandonment of the "day-by-day" method of calculating damages for pain and suffering. The method also appeared to be unsuitable as a "plausibilit...
OGH: Incidental damage caused by repair work and procurement
Civil LawIf, in the course of remedying defects, necessary preparatory and follow-up work requires damage of property belonging to the builder, insurance coverage exists even if the policyholder does not act as the builder's direct contractor. The plaintiff r...
DE: BGH rejects "day-by-day" calculation of damages for pain
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) turns its back on the "day-by-day" calculation of damages for pain and suffering. In the case at hand, the plaintiff suffered significant injuries in a traffic accident. As a result, his right...
ECJ: Tourist card is a voucher within the meaning of the VAT Directive
Tax LawThe European Court of Justice (ECJ) has ruled that a card which allows tourists to visit certain attractions up to a certain value at a reduced price during a certain period of time is a voucher within the meaning of Art 30a of the VAT Directive. The...
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