Usancen Blog
Request for a preliminary ruling from the ECJ
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has submitted the following question to the European Court of Justice for a preliminary ruling: Does a payment order from a Swiss debt enforcement office under Article 69 of the Feder...
Austrian OGH: Emergency Right-of-Way Granted for Construction
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a ruling authorising an emergency right of way to facilitate property development. The applicant is the owner of a property located in Vienna, which was previously utilised...
Austrian OGH on Insurance Coverage for Collapsed Roof
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has decided if insurance should cover damage to a building and its belongings when the roof collapsed because of heavy snow. The parties in the case at hand are covered by an ‘all-ris...
GER: Fiscal Court on Tax Rules for Holiday Home Rentals
Tax LawThe German Federal Fiscal Court was tasked with determining under what circumstances losses incurred from a holiday property rented solely to vacationers may be recognised for tax purposes. Holiday rental property Since 2008, a woman had exclusively ...
Austrian OGH: Maintenance Duty Met Even with Conditional Payments
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified how to calculate post-marital maintenance under Section 68a of the Austrian Marriage Act (hereinafter, EheG), also addressing the legal implications of maintena...
Austrian OGH on Deadlines for Medical Certificates
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently issued a decision regarding the suspension of entitlement to support benefits for long-term illnesses under Sections 104a and 104b of the Austrian General Social Security...
Austrian OGH: Ruling on Rent Claims after Business Closures
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, or OGH) addressed the issue of whether landlords are entitled to recover rent when business closures prevent them from subletting properties to holiday guests. In the present case, the plaintiff (land...
OGH: No Witness Examination from the Comfort of Your Own Home
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has addressed witness examinations by video conference and clarified Section 277 of the Austrian Code of Civil Procedure (Zivilprozessordnung, hereinafter ZPO). In the case at hand, a...
Records: The Extent of Condominium Owners’ Rights of Access
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, or OGH) has clarified how much access condominium owners have to documents such as contracts between their ownwers’ association and energy suppliers, property insurance agreements, and the ways in whi...
Austria: Recent Tenancy Law on Value Preservation Clauses
Civil LawThe Austrian Council of Ministers has approved a resolution to amend laws relating to index adjustments, fixed-term agreements, and the recovery of overpaid rent. The proposed Civil Law Indexation Adjustment Act aims to clarify value guarantee clause...
Austria: OGH on Labour Law and Unjust Enrichment
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has confirmed that the higher statutory interest rate outlined in Section 49a of the Austrian Labour and Social Court Act (Arbeits- und Sozialgerichtsgesetz, hereinafter ASGG) also co...
Marriage After Testator’s Death Does Not Bar Inheritance
Civil LawIn case 2 Ob 71/25t, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined if a marriage that took place after the testator’s death influences who is named as an heir under inheritance law. The case at hand concerned an inherita...
OGH on Adult Representation: No Third-Party Applications
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has explicitly determined that third parties are not entitled to submit motions in proceedings relating to the guardianship court’s approval of a purchase agreement. In the case at ha...
Defect Correction Liability in Subcontractor Insolvency
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently addressed the issue of whether insurance coverage for the costs of remedying defects attributable to a subcontractor is contingent upon the insolvency of the responsible ...
Work Bonuses from Day Workshops: Income for Maintenance
Civil LawIn its ruling (8 Ob 147/24m) of 12 August 2025, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently clarified that payments for work performed in a day workshop must, in principle, be included in the basis for calculating ...
Austrian VwGH: Definition of 'Goods' Delivered to Business Locations
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has identified a breach of the Austrian 1994 Trade Regulation Act (Gewerbeordnung, hereinafter GeWO) in the decision rendered by the Vorarlberg Administrative Court and subs...
Formal Mistake Can Void a Will
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has held that a will drafted by a notary in accordance with the testator’s directives and executed before witnesses is regarded as a private will. As such, it must meet only the form...
Austrian OGH Decisions Regarding Compensation for Bus Drivers' Break Periods
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that breaks bus drivers are required to take because of timetables do not count as paid working time under Section 2(1)(1) of the Austrian Working Time Act (Arbeitszeitgeset...
Executive Liable for Misleading Advertising
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has confirmed that the distribution of misleading advertising materials, which may create false impressions regarding the risk profile and value stability of securities, can establish liability f...
Deductions for Unpaid Work under ÖNORM B 2110
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a set-off declaration by the client in a construction contract constitutes payment under ÖNORM B 2110, and if such a declaration can preclude the c...
GER: Federal Court Clarifies Landlords’ Owner-Occupancy Rights
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) addressed the boundaries of termination on grounds of personal use. The central issue was whether a landlord may assert personal use when intending to renovate their own apartme...
Authorization requirement for virtual transfer to third countries
Administrative LawThe Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has determined that, according to Section 16(2) of the Austrian Temporary Employment Act (Arbeitskräfteüberlassungsgesetz, hereinafter AÜG), the provision of workers from Au...
Austrian OGH: No Statutory No-Smoking Periods
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently delivered a decision in a case brought by apartment owners seeking an injunction against their neighbour, the owner of a multi-unit residential property, to prevent the emiss...
Austrian OGH on Enforceability of Pre-trial Insurance Consultations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether the costs incurred by an insurance advisor in asserting a claim for damages out of court are recoverable as compensable damages under Section 1333...
Austrian OGH on Built-In Furnishings Included in Purchase Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently stated that built-in furnishings are considered accessories when selling an apartment and are regarded as part of the object of sale without requiring transfer. Property ...
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